Access to Justice and Electoral Integrity
Nicholas O. Stephanopoulos, “Our Electoral Exceptionalism”, The
University of Chicago Law Review, Vol. 80, No. 2 (Spring 2013), pp.
769-858
The article studies the processes of redistricting in several U.S. states,
taking into account the levels of politicization and prosecution, the homogeneity or heterogeneity in the districts and patterns of minority representation. After analyzing the factors and processes of redistricting, and
evaluating them, the author centers his attention on the institutions, characterized by two dimensions: the involvement of the elected branches in
the task of district design, and the vigour with which the courts supervise
this activity. In the end, it concludes that there are various mechanisms
to make the American model less unique, through citizen initiatives, state
legislation, judicial intervention and actions of the Congress. This article
can be of crucial interest for access to electoral justice, as redistricting, if
done correctly, can ensure representation and participation of minority
groups, as well as providing further legitimacy to electoral processes.
Francisco Javier Ezquiaga Ganuzas, “Justice, electoral justice and
democracy”, Universitas, Bogotá (Colombia) N ° 112, July-December 2006, pp. 9-33
This article introduces a series of reflections on justice, fairness and
electoral democracy by asking questions such as: is the judiciary an
important factor for strengthening democracy? What common features
and what differences have electoral justice in relation to the judiciary in
general strengthen democracy? What social model should be promoted
by the electoral justice? And finally, does electoral justice and democracy
have a future as couple? The author uses Luigi Ferrajoli’s dimensions of
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