Le Corti e le leggi elettorali. L’uso del principio democratico come parametro di costituzionalità negli Stati Uniti e in Italia

Courts and electoral laws. The use of the democratic principle as a constitutional parameter in the United States and in Italy

Abstract

Courts and electoral laws. The use of the democratic principle as a constitutional parameter in the United States and in Italy - The paper explores the intersection of electoral laws, courts, and the democratic principle, emphasizing the role of courts in upholding electoral legitimacy. In the U.S., recent conflicts highlight divergences between federal and state perspectives, with State Courts entrusted with the primary role of ensuring the democratic principle. The analysis extends to Italy, where the Constitutional Court's recent decisions (2014, 2017) underscore a delicate balance between majority representation and political equality. The paper concludes by highlighting the evolving challenges and uncertainties in safeguarding democratic principles within electoral frameworks.

Keywords: Constitutional justice; Democratic principle; Electoral laws; Political equality.