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This article examines the claim of the right not to vote, based on a flawed interpretation of the idea of the right to vote, which mistakes the sort of liberty which the right to vote represents looks the centrality to that right of the value of active electoral.
Nov 3, 2020 · The right of each voter to cast his or her ballot free from intimidation or coercion is a foundational principle of a free and democratic society.
Aug 24, 2019 · Kant understands the state’s function as essentially coercive and, in justifying the necessity of state coercion, he adopts a narrow conception of political freedom that formally preserves the right to choose while denying that the range of choices one has can be a matter of justice.
- Benjamin L. McKean
- 2019
- The Current Rules
- The Challenge
- The Debate
- The Solution
Section 3, Representation of the People Act 1983, as amended, prevents convicted individuals detained in prison and mental health hospitals from registering to vote in UK Parliament and English, Welsh and Northern Irish local elections. The wording of section 3 of the 1983 Act excludes unconvicted prisoners and those serving their sentence in the c...
In 2001 the ban was challenged by three convicted prisoners. The domestic courts rejected the challenge and one of the prisoners, John Hirst, then took his case to the ECtHR. On 6 October 2005, in the case of Hirst v United Kingdom (No 2), the ECtHR ruled that the UK’s ban on all serving prisoners from voting contravenes Article 3 of Protocol No 1 ...
The Hirst (No 2)judgment set off a political debate. This debate has largely focused on the constitutional issues raised by the judgment, in particular: the UK’s relationship with the ECtHR; reform of the Human Rights Act 1998; and the importance of parliamentary sovereignty. Hirst (No 2) is regarded by some as an example of the ECtHR overstepping ...
Following further calls from the Council of Europe’s Committee of Ministers to resolve the impasse, the then Secretary of State for Justice, David Lidington, published proposals in November 2017. These proposals were more limited in scope than those included in previous proposals. The main change proposed was to make administrative changes which al...
Jan 22, 2021 · Domestically, coercion theory does not seem able to ground domestic distributive equality in the way it aims to do. Globally, the implications of coercion theory are much more complex, ramified, and ultimately demanding than the ‘global sufficiency, domestic equality’ story suggests.
- Miriam Ronzoni
- 2021
Feb 10, 2023 · The right to participate in government implies universal adult suffrage2, including the right to a secret ballot and the right to stand for election. It is a fundamental constitutional right because its enjoyment is essential to a modern functioning democracy under the rule of law.
People also ask
Should coercion theory be considered a justification of democracy?
Why is the right to participate in government a fundamental constitutional right?
Is coercion justified?
Do economic relations count as unjust forms of coercion?
Why is the right to vote important in the ECHR system?
Do people with a conviction regain the right to vote?
Sep 2, 2024 · Accessing the vote—and determining one's eligibility to do so—is a clear access to justice issue. Rights restoration (e.g., by completing supervision or paying LFOs) is a justiciable event that involves navigating myriad “law-like processes and institutions” ( Sandefur, 2008 : 339; see also, Genn et al., 1999 ; Sandefur, 2019 ) to fully ...
