La legislazione elettorale come campo di tensione fra parlamenti e corti: riflessioni comparatistiche

The electoral legislation as a field of tension between Parliaments and Courts: comparative reflections

Abstract

This essay focuses on electoral laws as a peculiar area of tension between parliaments, in their capacity as law-making bodies, and constitutional courts. In so doing, attention will be paid to the implications of legislative discretion, a notion that is often mentioned in the relevant case law of constitutional courts. Meanwhile, the analysis will turn to the limits that the courts place on legislative action in this domain. This essay considers European constitutional orders as well as Japan. 

Keywords: Electoral Laws; Parliaments; Constitutional Courts; Legislative Discretion.