Constitutional Courts Dealing with Electoral Systems: a Comparative Look at Constitutional Adjudication on Electoral Equality

Resumo

The article employs comparative analysis to investigate the nexus between constitutional adjudication and electoral systems through the perspective of the principle of equality in elections. It delves into the different reasoning of the constitutional courts of Germany, Italy and Spain, trying to unpack the various interpretations attached to that principle under the case law of these courts. In particular, it explores the arguments revolving around the interpretation of equality as the “one person, one vote” rule and its potential wider meaning, comparing the approaches adopted in the case law of the three jurisdictions. On a theoretical level, this submission aims to provide insights on the functions and limits of constitutional review in electoral matters and, more generally, to contribute to studies of constitutional law concerned with the tension between legislative discretion and the role of constitutional courts.