Suchergebnisse

The Supreme Court of Canada's political process cases cover a wide array of issues, including the right to vote, electoral redistricting, campaign finance and the regulation of political parties. This article focuses on the Court's most recent section 3 decision, Frank v. Canada (Attorney General), as well as an upcoming section 2(b) case, Toronto (City) v. Ontario (Attorney General). 3 In Frank, the Court held that provisions banning long-term non-resident citizens from voting in a federal election infringed section and were not justified under section 1 of the Canadian Charter of Rights and Freedoms. While the Frank decision is notable for its powerful defence of the right to vote, it raises significant implications for the constitutionality of voter qualifications and election administration more generally.

This article considers the process by which electoral reform ought to take place, focusing in particular on the democratic and constitutional constraints that bear on electoral reform. It addresses two inter-related issues: first, whether any particular process, such as a referendum, is required as a normative matter to establish the democratic legitimacy of a given reform; and second, whether a constitutional amendment involving provincial consent is required to implement electoral reform. This article argues, with respect to the first issue, that while no one process is mandated for electoral reform, it is nevertheless important for the process to be and appear to be democratically legitimate. Part I considers a number of possible mechanisms, including a citizens' assembly, a commission, a referendum and an all-party parliamentary committee, and it does so by drawing on provincial and comparative international experience with electoral reform. Part II argues that although no single process is required, the process must be and appear to be democratically legitimate. In order for the process of electoral reform to be democratically legitimate, it must visibly follow the norms of political neutrality, consultation, and deliberation.

This article considers the vast academic literature on campaign finance regulation in the United States, drawing on the fields of political theory, American politics, election law, constitutional law, and economics. The scholarly treatment of campaign finance regulation has become increasingly focused on fundamental questions about democratic governance and democratic values, and it has generated profound debates about participation, representation, free speech, political equality, liberty, and the organization and distribution of political power in government and society. This article reviews the original debate about campaign finance regulation and traces its evolution in both political theory and constitutional law, identifying current areas of inquiry and new directions in research. In particular, the article focuses on corruption, political equality and representation, electoral exceptionalism, and the post–Citizens United landscape. It also surveys empirical findings from political science and economics.

This article considers the vast academic literature on campaign finance regulation in the United States, drawing on the fields of political theory, American politics, election law, constitutional law, and economics. The scholarly treatment of campaign finance regulation has become increasingly focused on fundamental questions about democratic governance and democratic values, and it has generated profound debates about participation, representation, free speech, political equality, liberty, and the organization and distribution of political power in government and society. This article reviews the original debate about campaign finance regulation and traces its evolution in both political theory and constitutional law, identifying current areas of inquiry and new directions in research. In particular, the article focuses on corruption, political equality and representation, electoral exceptionalism, and the post-Citizens United landscape. It also surveys empirical findings from political science and economics. Adapted from the source document.