IDEAS home Printed from https://ideas.repec.org/a/fan/pripri/vhtml10.3280-pri2014-001018.html
   My bibliography  Save this article

The day after. La sentenza della corte costituzionale sulla legge elettorale

Author

Listed:
  • Claudia Pennacchietti

Abstract

With decision no. 1/2014, delivered on January 13, 2014, the Italian Constitutional Court struck down two aspects of the current electoral law (no. 270/2005): the majority prize (premio di maggioranza) and the closed-list system (liste bloccate). The first mechanism gives the winners too many seats compared to the number of votes obtained (at national level, in the Lower House; and at the regional level, in the Upper House): 55 per cent of seats whatever the majority gained. The Court found that the majority prize violates the principles of popular sovereignty (art. 1 Const.), equality before the law (art. 3 Const.) and equality of the vote (art. 48 Const.). The second mechanism prevents voters from exercising their democratic prerogative of expressing a preference for specific candidates, giving them only the chance to choosing a very long party list, in which candidates are ranked in order of electoral priority by party leaders. The Court ruled that closed-list system, as regulated by the current electoral law, violates the principle of the freedom of the vote (art. 48 Const.). Following the Court?s decision, the Democratic Party (PD), the Forza Italia (FI) and the Nuovo Centrodestra group (NCD) agreed on a new electoral regulation, the so called "Italicum". Now the question is whether this proposal complies with the requirements of the Italian Constitutional Court.

Suggested Citation

  • Claudia Pennacchietti, 2014. "The day after. La sentenza della corte costituzionale sulla legge elettorale," PRISMA Economia - Societ? - Lavoro, FrancoAngeli Editore, vol. 2014(1), pages 156-164.
  • Handle: RePEc:fan:pripri:v:html10.3280/pri2014-001018
    as

    Download full text from publisher

    File URL: http://www.francoangeli.it/riviste/Scheda_Rivista.aspx?IDArticolo=50913&Tipo=ArticoloPDF
    Download Restriction: Single articles can be downloaded buying download credits, for info: https://www.francoangeli.it/DownloadCredit
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:fan:pripri:v:html10.3280/pri2014-001018. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Stefania Rosato (email available below). General contact details of provider: http://www.francoangeli.it/riviste/sommario.aspx?IDRivista=156 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.