The present Bachelor’s Thesis concerns constitutional jurisprudence in electoral systems and forms of government, which are chosen here predominantly from developments in Western legal systems. Both topics are in this moment of history of primary relevance in doctrinal debates in Western countries, particularly after the recent elections in many European nations (Belgium 2019, Italy 2022, Spain 2023, France 2024, etc.) and the recent election of the President of the United States in November 2024. The main purpose of the thesis is to provide the reader with a look at the most significant cases of constitutional justice in the areas of electoral systems, with a connection to cases involving forms of government and the territorial distribution of power. Specifically, the thesis will explore how constitutional courts across different Western legal systems interpret and enforce constitutional principles in the context of electoral laws. It will also examine the judicial strategies courts have employed so far to uphold democratic principles - such as representation, fairness, and governability - while addressing practical political concerns. The primary research question of this dissertation is to investigate the constitutional jurisprudence of a selection of Western countries regarding the forms of government and electoral systems. More specifically, it aims to analyze and compare the arguments of constitutional courts and the proposed solutions to reconcile legislative choices, and, at times, the ensuing constitutional issues, with the respective country's Constitution.
The present Bachelor’s Thesis concerns constitutional jurisprudence in electoral systems and forms of government, which are chosen here predominantly from developments in Western legal systems. Both topics are in this moment of history of primary relevance in doctrinal debates in Western countries, particularly after the recent elections in many European nations (Belgium 2019, Italy 2022, Spain 2023, France 2024, etc.) and the recent election of the President of the United States in November 2024. The main purpose of the thesis is to provide the reader with a look at the most significant cases of constitutional justice in the areas of electoral systems, with a connection to cases involving forms of government and the territorial distribution of power. Specifically, the thesis will explore how constitutional courts across different Western legal systems interpret and enforce constitutional principles in the context of electoral laws. It will also examine the judicial strategies courts have employed so far to uphold democratic principles - such as representation, fairness, and governability - while addressing practical political concerns. The primary research question of this dissertation is to investigate the constitutional jurisprudence of a selection of Western countries regarding the forms of government and electoral systems. More specifically, it aims to analyze and compare the arguments of constitutional courts and the proposed solutions to reconcile legislative choices, and, at times, the ensuing constitutional issues, with the respective country's Constitution.
Navigating Through Representation and Stability: Leading Constitutional Jurisprudence in Western Countries
GRECO, CAMILLA PATRIZIA
2023/2024
Abstract
The present Bachelor’s Thesis concerns constitutional jurisprudence in electoral systems and forms of government, which are chosen here predominantly from developments in Western legal systems. Both topics are in this moment of history of primary relevance in doctrinal debates in Western countries, particularly after the recent elections in many European nations (Belgium 2019, Italy 2022, Spain 2023, France 2024, etc.) and the recent election of the President of the United States in November 2024. The main purpose of the thesis is to provide the reader with a look at the most significant cases of constitutional justice in the areas of electoral systems, with a connection to cases involving forms of government and the territorial distribution of power. Specifically, the thesis will explore how constitutional courts across different Western legal systems interpret and enforce constitutional principles in the context of electoral laws. It will also examine the judicial strategies courts have employed so far to uphold democratic principles - such as representation, fairness, and governability - while addressing practical political concerns. The primary research question of this dissertation is to investigate the constitutional jurisprudence of a selection of Western countries regarding the forms of government and electoral systems. More specifically, it aims to analyze and compare the arguments of constitutional courts and the proposed solutions to reconcile legislative choices, and, at times, the ensuing constitutional issues, with the respective country's Constitution.File | Dimensione | Formato | |
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Descrizione: Tesi di laurea triennale per la Facoltà di Global Law and Transnational Legal Studies dell'Università di Torino.
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https://hdl.handle.net/20.500.14240/6975