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Introduction When the greatest of the US President, Abraham Lincoln, proclaimed his faith in 'govt of the people, by the people, for the people, he put a memorable stamp on that ideal of democracy which had been conceived in ancient Greece, but all too often imperfectly realised, even when accepted. In a democratic state, the electoral process exercises determining power over those who holds political office. It is the electorate which confers the power to govern and calls govt to account. The core idea behind represenatative govt is that it enables all sections of society to have a say in the formation of the govt. Note: However, critics maintain that b'se the present system in the UK is insufficiently representative, it offends against basic human rights and delivers the wrong kind of govt- Bill Jones-Reforming the Electoral System. THE ELECTORAL SYSTEM
Indicators to show that the electorate enjoys true equality in constitutional participation: It is of fundamental constitutional importance that the electoral system ensures four principles: * that there is full franchise, subjected to limited restrictions; * that the value of each vote cast is equal to that of every other vote; * that the conduct of election campaigns is regulated to ensure legality & fairness; * that the voting system is such as to produce both a legislative body representative of the electorate & govt with sufficient democratic support to be able to govern effectively. THE ELECTORAL SYSTEM
Conditions to be fulfilled for one to cast his/her vote in the UK parliamentary election: (a) The Franchise- In order to vote in a parliamentary election, a person must be included on the electoral register for a parliamentary constituency. However, to qualify for inclusion on the register, the person must satisfy certain conditions e.g. The person must be a resident in a constituency, citizen, voting age (now 18 years & over) not being subject to any legal incapacity. See the Representation of the Peoples Act 1983- under sec 1, eligibility to vote is dependent upon residence in a constituency on the qualifying date (currently 10th Oct in England, Wales & Scotland; 15th Sept in Northern Ireland). THE ELECTORAL SYSTEM
Conditions to be fulfilled for one to cast his/her vote in the UK parliamentary election: (Continuation) (a) The Franchise- In the case of Fox v Stick (1970)- the definition of the term 'reside' was held to mean to 'dwell permanently or for a considerable time, to have one's settled or usual residence, to live in a particular place' & this include students staying at a university which would be construed as permanent. See also the Representation of People Act 2000- it deals mainly with the creation of electoral registration & franchise. It also amends certain provisions of the Representation of the People Act 1983. This Act must be read together with a recent important piece of legislation, the Political Parties, Election & Referendums Act 2000. Sections 1 & 2 of the Representation of the People Act 2000 amends sections 1 & 2 of the Representation of the People Act 1983. (See also sec 5 which deals with 'residence' for purposes of registration). THE ELECTORAL SYSTEM
How are the boundaries drawn in the constituencies in the UK? * The boundaries are drawn by the Boundary Commissions. This is to ensure the effectiveness of the “one man,one vote, one value” (this is important b'se at the end of the day, the size of the constituencies in terms of eligible voters reflects the extent to which the equality of voting power is achieved). * The principle of “one man, one vote, one value” is given formal recognition in the rules regulating the work of the Boundary Commissions contained in the Parliamentary Constituencies Act 1986, which consolidates the HOC (Redistribution of Seats) Act 1949-1979. See also the Boundary Commissions Act 1992. They are altogether four Commissions, each headed by the Speaker of the HOC, & comprises a senior judge, as deputy, & two other members who are not members of Parliament. THE ELECTORAL SYSTEM
How are boundaries drawn in the constituencies in the UK? (Continuation) As to the duty of the Commission is basically to review, & report to the Home Secretary the representation within constituencies, reports being submitted not less than eight years or more than 12 years from the date of the submission of their last report. When the report is submitted to the Home Secretary, it is his/her task now to put the report before the Parliament altogether with draft orders in council giving effect, with or without modification, to the recommenddations for boundary change. Therefore the House can vary but not reject or ignore recommendations. If the draft is approved, by resolution of each House, then it will have effect in the next general election. THE ELECTORAL SYSTEM
How are boundaries drawn in the constituencies in the UK? (Continuation) See the case of R v Boundary Commission of England ex parte Foot [1983] QB 600, where the Labour Party having been aggrieved by the Boundary Commission's recommendations, instituted legal proceedings. The RT Hon Michael Foot MP sought an order of prohibition & injunctions to restrain the Commission from putting the recommendations to the Home Secretary, alleging the Commission had misinterpreted the rule i.e., he claimed that the Commission had given too much weight to local authority boundaries & not enough to equal number of voters. The Ct rejected the argument & held that (COA): although no appeal against the Commission's proposals lay to the Cts, judicial review was available to ensure the Commission did not exceed the power or misinterpret guidelines on factors to be taken into a/c in revising constituency boundaries. THE ELECTORAL SYSTEM
How are boundaries drawn in the constituencies in the UK? (Continuation) Unlike in the USA in the case of Baker v Carr, the principle of equality before the law as such of constitutional importance that the Supreme Court held that the Fourteen Amendment of the Constitution of the 'equal protection' clause-required that electoral districts had to have an approximately equal number of electors to prevent over or under representation & equality in voting power. Note: The basic principle that each constituency should have the same number is to ensure that all votes are of equal value but it should be noted that this may not always be possible on account of boundary rigging. THE ELECTORAL SYSTEM
Parliamentary Constituencies: The UK is divided into 659 constituencies, each returning one MP. The party that wins the majority of seats (note: not votes) is the party that wins that particular election, & that party will go on to form the govt. The voting system here refers to the election of the members of the HOC. By law, an election for the entire membership of the HOC must be held at least every five years (see sec 7 of the Parliament Act 1911). Such an election is known as the general election. Accordingly, a Parliament can only last for a maximum of 5 years. THE ELECTORAL SYSTEM
What are the rules/laws governing election? (1) The Rules Governing Qualification & Disqualification of Voters: * The Representation of the People Act 2000 This Act deals mainly with the creation of electoral registration & franchise. It also amends certain provisions of the Representation of the People Act 1983. This Act must be read together with a recent important piece of legislation, the Political Parties, Election, & Referendum Act 2000. Sections 1 & 2 of the Representation of People Act 2000 amends sections 1 & 2 of the Representation of the People Act 1983 regarding eligibility to vote. Sections 1 & 2 states that a person is entitled to vote as a voter at a parliamentary or local govt election if on the date of the poll he is: registered in the register; not subject to any legal incapacity to vote; he is of voting age etc. THE ELECTORAL SYSTEM
What are the rules/laws governing conduct of election in the UK? (1) The Rules Governing Qualification & Disqualification of Voters: * The Representation of the People Act 2000 (Continuation) Sec 1(2) states that a person is not entitled to vote as an elector: more than once in the same constituency at any parliamentary election. Sec 2- provides for disfranchisement of offenders in mental hospitals (this means that they are legally incapable of voting at any parliamentary or local govt election. THE ELECTORAL SYSTEM
What are the rules/laws governing the conduct of elections in the UK? (2) Rules Governing Expenditure: * The Political Parties, Election & Referendums Act 2000 Part V of the Act deals with regulation of campaign expenditure. Under Part V is clearly stated: 'No expenditure is to be incurred by or on behalf of the registered party unless it is incurred with the authority of the treasurer or deputy treasurer. Sections 75-77, & also schedule 8 impose limits on campaign expenditure in relation to parliamentary general elections & general election to the European Parliament, Scottish Parliament, Wales & the Northern Ireland. In relation to a parliamentary election, the limit applying to campaign expenditure in England, Scotland & Wales is L30,000 X the number of constituencies contested by the party in that part of the UK. THE ELECTORAL SYSTEM
What are the rules/laws governing the conduct of elections in the UK? (2) The Rules Governing Expenditure: * The Poltical Parties, Elections & Referendums Act 2000 or, if greater, in relation to England, L810,000, Scotland L120,000 & Wales L60,000. In relation to Northern Ireland, the limit is L30,000 X by the number of constituencies contested by the party. Note: A maximum expenditure of L100,000 has been laid down for all by-elections. THE ELECTORAL SYSTEM
What are the rules/laws governing the conduct of elections in the UK? (2) The Rules Governing Expenditure: * The Representation of the People Act 1983 Sec 75 provides that no expenditure shall be made other than by the candidate or through his election agent. Each candidate must appoint an election agent (sec 67(2)). The reason for this rule is to make sure there is fairness amongst the candidates & also accountability as to election expenses. All accounts relating to election expenses must be reported within 21 days of the election result, to the Returning Officer. On the other hand, agents must make a return of all expenses to the Returning Officer not more than 35 days after the result of the election is declared (PPER Act 2000) THE ELECTORAL SYSTEM
What are the rules/laws governing the conduct of elections in the UK? (3) The Rules Governing Broadcasting & Elections *Broadcasting may be made by the British Broadcasting Corporation (BBC) or Independent Television Commission (ITC). ITC requires its television company licence holders to include party political broadcasts in their licensed services. However, it is upto the individual licenseees to judge the appropriate allocation of broadcasting time within the terms of the rules laid down by the ITC. BBC which is an independent public corporation, makes similar allocations of airtime to the political parties although unlike the commercial TV companies it has no formal obligation to do so. THE ELECTORAL SYSTEM
What are the rules/laws governing the conduct of elections in the UK? (3) The Rules Governing Broadcasting Expenditure: Also, broadcasting is controlled by sections 92 & 93 of the Representation of the People Act 1983 & is confined to broadcasts made by the BBC & IBA (Independent Broadcasting Authority). See the case of Marshall v BBC [1979] All ER 80, it was stated that no broadcasty may be made without the consent of the participating candidate. Note: The problem with rules governing broadcasting is that there is very limited legal cvontrol. Allocation of time for party political broadcast is made by agreements of the BBC & IBA. Regulation seems to be largely by convention. Thus, the Cts due to the doctrine of SOP's & Parliamentary Privilege, tend to take non-interventionist stance. THE ELECTORAL SYSTEM
What are the rules/laws governing the conduct of elections in the UK? (3) The Rules Governing Broadcasting & Expenditure: See the case of R v Broadcasting Complaints Commission ex parte Owen [1985] QB 1153, where David Owen had complained to the Commission that the allocation of time to various parties, especially Social Democratic Party was unjust or unfair under sec 54 Broadcasting Act 1981. On appeal to the Ct, it was held that the Commission had jurisdiction to consider complaints about general fairness, ...but the Commission had acted lawfully in allocating time on the basis of the number of seats won rather than number of votes cast. THE ELECTORAL SYSTEM
What are the rules/laws governing the conduct of elections in the UK? (3) The Rules Governing Broadcasting & Expenditure: See also the case of R v British Corporation ex parte Referendum Party (1997), where there was a challenge to the allocation of broadcasting time. In this case, the Referendum Party was founded in 1994 and contested 547 seats at the general election. The broadcasting authorities allocated the Party 1/5-minute broadcast on each network. The Conservative & Labour parties each were allocated four broadcasts. The Referendum Party sought judicial review, claiming that it had 3% in public opinion polls & that, given that it was a new party, the broadcasting authorities should not have relied on past electoral support. The Divisional Ct held that former electoral support must not be determinative, but the authorities were allowed to include criterion. The decision was not irrational. THE ELECTORAL SYSTEM
What are the rules/laws governing the conduct of elections in the UK? (4) The Rules Governing Disputed Election: Any challenge to an election campaign must be made within 3 weeks of the result being declared. The complaint may be made a registered elector, by unsuccessful candidate or by their nominees. Since 1986, such challenge goes to the Election Court. The Court has the power to order a recount; declare corrupt or illegal practices; disqualify a candidate from membership of the HOC & declare a runner-up duly elected; or to order a fresh election. (See the case of Ruffles v Rogers [1982] 3 WLR 143, where the election papers were incorrectly counted & affected the outcome of the election. The election was declared void, but the Ct made it clear that had the miscount not affected the result, the election would have been upheld). THE ELECTORAL SYSTEM
What are the rules/laws governing the conduct of elections in the UK? (5) The Rules Governing Registration of Political Parties: * The Registration of Political Parties Act 1998 Under the Act, a political party is entitled to be entered on the register of political parties if the party intends to have one or more candidates at parliamentary elections, elections to the European Parliament, National Assembly for Wales, the Northern Ireland Assembly or local government. THE ELECTORAL SYSTEM
What are the rules/laws governing the conduct of elections in the UK? (6) The Political Parties, Election & Referendums Act 2000 * Control of Donations to Political Parties-Part IV This Act provides for the control of donations to registered parties & their members, defining permissible donors & providing rules regulating the acceptance or return of donations, & providing for forfeiture of donations by impermissible or unidentifiable donors. See also sections 5-13 on the functions of the Electoral Commission. THE ELECTORAL SYSTEM
Electoral Offences: Where there are violations of the statutory provisions on conduct of election campaigns mentioned above, there will be a commission of electoral offences. See the following situations: *The Representation of the People Act 1983 prohibits certain unlawful practices & provides for challenges to the legality of an election campaign e.g. violation of sec 75 of the Act. *Under the Act, a corrupt practice includes exceeding the lawful expenditure limits, bribery, treating, undue influence which includes making threats or attempts to intimidate electors. (See sections 72-75, 107, 111, 115, 209) THE ELECTORAL SYSTEM
Electoral Offences: (Continuation) * Sec 113 of the Act defines 'bribe' as: “any money, gift, loan or valuable consideration, etc in order to influence how elector will cast his/her vote”. * Sec 114 of the Act states that “Treating” happens when a candidate offers or gives food, drink or entertainment with a view to influencing a voter as to how to vote. Note: A corrupt practice may be committed by any person, not just the candidate or election agent. THE ELECTORAL SYSTEM
Some cases showing challenges to expenditure in the past: * R v Tronoh Mines Ltd [1952] All ER 697, where Tronoh Mines placed an advertisement in the Times Newspaper urging voters not to vote socialist. The Co & the Times were charged under the Act (Representation of the People Act 1983). The Ct held that the expenditure had been incurred with a view to promoting the interests of a Party generally, rather than an individual candidate; that any advantage incurred was incidental & not direct; & accordingly the expenditure did not fall within sec 75. Note: A distinction was drawn btn an advertisement placed in The Times urging voters not to vote for political party (which is lawful) & an expenditure designed to promote interests of a particular candidate (which would have been unlawful). THE ELECTORAL SYSTEM
Some cases showing challenges to expenditure in the past: * DPP v Luft [1977] AC 962, where an anti-fascist group had distributed pamphlets in three constituencies urging voters not to vote for National Front (extreme right wing) candidates. The group was prosecuted under sec 75 of the Act for incurring expenditure with a view to promoting the election of a candidate, without the authority of an election agent. It was held that an offence had been committed, even though the promoters were seeking to prevent the election of a candidate. Nonetheless, the Ct felt that there was a breach of sec 75. * See also the case of Walker v Unison [1995], where the Ct ruled that the advertisements were a generalised attack on a political party, & not a direct attack on candidates &, accordingly, the advertisements did not contravene sec 75 of the Act. THE ELECTORAL SYSTEM
Relationship btn sec 75 & the European Court of Human Rights: * See the case of Bowman v United Kingdom (1998), where the applicant had been prosecuted under sec 75, as being 'unauthorised person' for the purpose of election expenditure incurred in the 1992 general election., over the allowable limit. She was acquitted because the summons had been issued out of time. She however brought an action to the ECHRs & alleged that sec 75 constituted a breach of Art 10, which protects freedom of expression. The ECHRs noted that sec 75 did not directly limit freedom of expression but, rather, was directed to prohibit unauthorised expenditure during election campaigns for the purpose of promoting a candidate's election. The Ct also stated that the requirement of freedom of expression had to be balanced against the legitimacy of the state's interest in promoting equality in the election campaign. (See also the case of Grieve v Douglas-Humes [1965]) THE ELECTORAL SYSTEM
The voting system currently practised in the UK (HOC): * The current voting ssytem practised in the UK in electing the members of the HOC is referred to as the “First Past the Post System” (FPTP). It means that the candidate with the largest number of votes in each constituency is duly elected, although he/she may not necessarily have received more than half the votes cast. Thus, the party that wins the majority of the number of seats (note: not votes) is the party that wins that particular election, & that party will then go on to form the govt. * Other than the FPTP used in electing members of the HOC, the Scottish Parliament & National Assembly of Wales uses the 'additional member system' & the Northern Ireland Assembly employ the 'single transferable vote system'. THE ELECTORAL SYSTEM
What are the defects of the current voting system? (FPTP) (a) Wasted votes: It is undemocratic in the sense that many votes are wasted. This is b'se as long as there is a winner in a relatively crude sense (simple majority), this means that all other votes are in effect useless. (b) The system is unrepresentative i.e., runner-up get absolutely no credit whatsoever in the FPTP system. This is despite the fact that sometime, the difference btn the winner & the runner-up is one or two votes. (c)It may produce minority governments. This is b'se governments are chosen not on the basis of the number of votes that they win on a national scale, but on the number of seats they win in the HOC. THE ELECTORAL SYSTEM
What are the defects of the current voting system? (FPTP) (d) The relationship btn votes won & seats won: It is vital that the number of seats won reflects, to a certain degree of accuracy, the number of votes won by a particular party on national scale. This is important on democratic & equitable grounds. It is also important in securing the “one man, one vote, one value” objective. (e) Discriminates against third parties & creates a bi-polar system. The FPTP system produces artificially large majorities for the two main parties, Conservative & Labour. This is b'se of geographical & class factors. THE ELECTORAL SYSTEM
What are the defects of the current voting system? (FPTP) (f) Extremism- the voting system is also said to encourage “mindless party solidarity” & to favour “extreme wings” within each party. (g) Limited Choice: Only the governing & the opposition parties to appear to have viable chances of gaining majorities in general elections, therefore voters tend to withhold their support for a smaller parties which may actually more accurately reflect their beliefs, & cast their votes for the party they dislike the least. (h) It discriminates against minorities/ethnic minorities. This is b'se approximately ¼ of the voting population receive minimal represenatation. (i) Electoral Swing THE ELECTORAL SYSTEM
What are the advantages of the current voting system? (FPTP) (a) Simplicity & ease of operation: Voters are used to the system; it is easily understood, & works in an uncomplicated manner. (b) Local link btn the MP & constituency preserved: The use of many small constituencies are said to permit close links btn Mps 7 their constituents. (c) Stable govt with relatively large support: The system produces stable majorities & strong govt with a resaonable amount of support. This means that a single govt can count on a full term, enabling them to enact programmes without fear of a coup. (d) Accountable Govts: (See the operation of the doctrine of collective responsibility). A party cannot blame any minority parties with which it would have had to form a coalition. THE ELECTORAL SYSTEM
What are the advantages of the current voting system? (FPTP) (f) Clear choice: it offers voters a clear choice. This is b'se they know what they are voting for i.e., what the party represent. (g)By-election: This allows sections of the public to register their views on the progress of govt btn elections. THE ELECTORAL SYSTEM
What are the alternative models of voting that has been suggested? (a) The Alternative Vote System Under the alternative vote system, the electors place the candidate in order of preference on the ballot paper, i.e. one, two, three etc. If no candidate polls an absolute majority, i.e., over 50% of the first preferences, then the candidate who polled the least first preferences is eliminated & his second preferences are distributed. This process of elimination of the bottom candidate & redistribution of preferences is repeated until one candidate ends up with an absolute majority & is elected. Whilst this system does not ensure true proportionality, candidates cannot be elected on a minority of the votes (no wasted votes). The system is viewed as democractic enough because the result represents the wishes of the majority voters. THE ELECTORAL SYSTEM
What are the alternative models of voting that has been suggested? (b) The Party List The ultimate & only precise means of achieving direct proportionality is to have only one constituency, composed of the whole country, with the parties presenting list of candidates and electors voting, not for individual candidates but for the whole party list. In other words, instead of voting for individual, the elector votes for a party. Seats are allocated in proportion to the votes cast. The basic principle under the system is that, the voters see a list of all candidates for a particular party, & vote for the list as a whole. The party usually presents the list to the voter in order of preference. Practically, this means that individual candidate on the bottom of the list rarely, if ever, get elected. THE ELECTORAL SYSTEM
What are the alternative models of voting that has been suggested? (b) The Party List Advantages: * Simplicity of the system-it is easy to understand, & works in an uncomplicated manners. It requires none of the complicated & time-consuming calculations. * It is extremely fair & equitable from the whole distribution of seats. There is the possibility of ensuring in a precise manner that the distribution of seats would be exactly in proportion to the votes won by each party. * It is easy for third parties to have a chance to win some seats. This is b'se the voters cast their votes based on party line rather than individual basis. THE ELECTORAL SYSTEM
What are the alternative models of voting that has been suggested? (b) The Party List Disadvantages: * Too crude: how can Britain consist of just one constituency? This is b'se the system in its pure form implies that there is one constituency comprising the whole country. * It destroys the valuable local link btn the MP & his constituents. This is b'se the system advocates for one constituency comprising the whole country. * It places too much power in the hands of those at the top of the party hierarchy. This is b'se it would be a rare occasion to see new faces in the party being seconded for election. THE ELECTORAL SYSTEM
What are the alternative models of voting that has been suggested? (c) The Single Transferable Vote System: It is an alternative to the party list system. It requires multi-member constituencies of between five to seven members. Voters list the individual candidates in order of preference. In counting the votes, the principle that applies is that the candidate only needs a certain number or quota of votes to be elected & any votes he receives beyond this figure are surplus & serve only to build up an unnecessary majority. So, once the candidate has received the quota necessary to secure his election, the surplus votes are redistributed among the other candidates according to second preferences. THE ELECTORAL SYSTEM
What are the alternative models of voting that has been suggested? (c) The Single Transferable Vote System: Advantages: * The system prevents wasted votes. This is b'se so many votes are taken into account. * More voice for citizens. This is b'se they would not have just a single member in Parliament to represent them, but a choice of 5-7 members. * It protects minorities. This is b'se voters may split their votes across party lines & can exercise choice amongst candidates from the same party. THE ELECTORAL SYSTEM
What are the alternative models of voting that has been suggested? (b) The Single Transferable Vote System Disadvantages: * Multi member constituencies are not suitable for Britain i.e., some constituencies in Britain are very small (less than 150,000 voters) which would mean that the STV system would not be appropriate. * It would create unnecessary inter party rivalries & would also strain party resources. * The system is extremely complex, time consuming & demands meticulous mathematical calculations. THE ELECTORAL SYSTEM
Recommendations that the Jenkins Report suggested to the Labour Party after winning the 1997 general elections: Lord Jenkins, a Liberal Democrat peer, who was known to be in favour of proportional representation, was asked to chair the commission, in order to produce alternative to the FPTP system. After this, the issue was to be put to voters in a referendum. In Oct 1998 the Jenkins Commission published its report containing proposals for reforming the system used for electing Westminster MPs. The Jenkins Commission forwarded the following recommendations: * The system had to be broadly proportional, promote stable govt, extend voter choice, & maintian the link btn MPs and the constituencies. THE ELECTORAL SYSTEM
Recommendations that the Jenkins Report suggested to the Labour Party after winning the 1997 general elections: * The Constituency boundaries would be redrawn to create around 520 constituencies, with each returning one MP. * Voters would indicate their preferences by listing their preferred candidates in first and second preference order. If any candidate secures 50% of the first preference votes, he is elected. * If no one reaches the 50% target, the candidate with the lowest number of first preference votes is eliminated & his votes redistributed amongst the remaning candidates according to the second preference. THE ELECTORAL SYSTEM
Recommendations that the Jenkins Report suggested to the Labour Party after winning the 1997 general elections: * There should be a properly planned publicly funded but neutrally conducted education programme for the public to prepare voters for the decision they will be required to make in the referendum. * This education programme should be undertaken by an independent Electoral Commission. This Commission should also advise Parliament on the electoral administration & related matters. * The govt should review the new system after two general elections. THE ELECTORAL SYSTEM
Problems to be encountered in trying to respond to the Jenkins Report: * The issue must first be put to the electorate in a referendum. The electorate must endorse the recommended AVS first before it can be implemented. * It would be a drastic break with the past, & would involve tremendous work in terms of boundary redistribution. * From the political perspective, there are also other problems in the sense that the Labour Cabinet itself seems at present to be divided over the issue. The AVS, if implemented, will mean that many Labour seats will be lost. Thus, it is a moot question if many Labour MPs will support it. * The Liberal Democrats would certainly be in favour of reform, as they can only benefit under the system (compared with the FPTP), but the Tories may not support it. THE ELECTORAL SYSTEM
Recent developments on electoral system: * See the case of R (Pearson & Another) v Secretary of State for the Home Department & Ors; The QBD ruled that domestic law was not incompatible with the right to vote under the ECHR. Art 3 of the First Protocol provides for the holding of free elections under conditions ensuring the free expression of the opinion of the people in the choice of the legislature. Registration officers had refused to enter the applicants' names on the electoral register in light of their imprisonment. The applicants sought judicial review of that decision. * See also the case of Hirst v AG [2002], where an application was made by Mr Hirst for a declaration under sec 4(2) HRA 1998 that sec 3(1) of the Representation of People Act 1983 which provides that a convicted person detained in a penal institution is legally incapable of voting as incompatible with ECHR. The right to vote was not absolute, & states had a margin of appreciation as to restrictions. THE ELECTORAL SYSTEM
Conclusion: Democratic states take many forms, but all have a system of representative govt whereby the citizens can elect & also dismiss their political leaders. Thus, in discussing reforms of the electoral system, there are no correct & wrong anwers. There are arguments both for & against maintaining the status quo. The crux of the argument for reform of the system is based on the arguments of democracy & equality in voting power. But again there are inherent dangers of Proportional Representation systems e.g. Political paralysis due to too many parties; increased chances of a coalition govt, & whether this may result in a stalemated/hung Parliament; whether this in turn could result in an erosion of the convention of collective ministerial responsibility. THE ELECTORAL SYSTEM
