Journal article
Alexey Szydlowski
Bulletin of Moscow Region State University. Series: Jurisprudence, issue 1, 2022 Jan 2, pp. 73 - 81
Bulletin of Moscow Region State University. Series: Jurisprudence, issue 1, 2022 Jan 2, pp. 73 - 81
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Szydlowski, A. (2022). ELECTORAL JUSTICE IN ARGENTINA. Bulletin of Moscow Region State University. Series: Jurisprudence, (1), 73–81 . https://doi.org/10.18384/2310-6794-2022-1-73-81
Chicago/Turabian
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Szydlowski, Alexey. “ELECTORAL JUSTICE IN ARGENTINA.” Bulletin of Moscow Region State University. Series: Jurisprudence, no. 1 (January 2, 2022): 73–81 .
MLA
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Szydlowski, Alexey. “ELECTORAL JUSTICE IN ARGENTINA.” Bulletin of Moscow Region State University. Series: Jurisprudence, no. 1, Jan. 2022, pp. 73–81 , doi:10.18384/2310-6794-2022-1-73-81.
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@article{alexey2022a,
title = {ELECTORAL JUSTICE IN ARGENTINA},
year = {2022},
month = jan,
day = {2},
issue = {1},
journal = {Bulletin of Moscow Region State University. Series: Jurisprudence},
pages = {73 - 81 },
doi = {10.18384/2310-6794-2022-1-73-81},
author = {Szydlowski, Alexey},
month_numeric = {1}
}
Abstract
- The study examines current issues related to electoral rights and their implementation in modern societies, with a focus on countries transitioning to democracy. Using Argentina as a case study, the research analyzes the peculiarities and shortcomings of the country's electoral system, which was created during its transition to democracy after the military dictatorship of 1976-1983. The study employs a range of methodological approaches, including general scientific and special legal methods such as the system method, analysis, synthesis, generalization, and forecasting, as well as the formal legal and comparative methods to analyze normative legal acts and foreign and Russian sources. The historical-legal method is also used to consider the origin, formation, and development of the electoral law in Argentina. The study finds that there is a need to create an independent electoral justice system that can effectively guarantee the resolution of electoral disputes in accordance with democratic principles, thus minimizing the problems associated with abuse in decision-making by electoral justice bodies. However, the dependence of electoral justice in Argentina on a political body - the National Congress - is a major drawback, as the Congress has the power to remove elected candidates from office. Currently, only the judicial authorities can challenge the decisions of the National Congress, but the lengthy legal process renders such challenges meaningless.
Introduction:
- The protection of electoral rights is a crucial element in any democratic society. Citizens' ability to participate freely and fairly in the electoral process is essential for the legitimacy of the government and the stability of the political system. However, the implementation of electoral rights can be a challenge in countries transitioning to democracy, especially those with a history of authoritarian rule. Argentina is one such country that has faced significant challenges in creating a democratic electoral system.
Methodology:
- To analyze the issues related to electoral rights in Argentina, the study employs a range of methodological approaches, including general scientific and special legal methods. The system method is used to examine the relationships between the various elements of the electoral system in Argentina. Analysis, synthesis, and generalization are used to evaluate the strengths and weaknesses of the system. The forecasting method is employed to identify the prospects for the improvement of the system.
- The formal legal method is used to analyze normative legal acts related to electoral rights in Argentina. The comparative method is employed to compare the electoral systems of other countries with that of Argentina, and the historical-legal method is used to consider the development of the electoral law in Argentina, taking into account the modern features of the country.
Results:
- The study finds that there is a need to create an independent electoral justice system that can effectively guarantee the resolution of electoral disputes in accordance with democratic principles. This is because the current system in Argentina is dependent on a political body - the National Congress - whose powers include the resolution of electoral disputes. This dependence has led to instances where elected candidates have been removed from office by the decision of the National Congress.
- However, the creation of an independent electoral justice system is not without challenges. One major drawback is the time taken to resolve disputes through the judicial system, which can render challenges to the decisions of the National Congress meaningless.
Conclusion:
- The study concludes that the protection of electoral rights in Argentina requires the creation of an independent electoral justice system that can operate effectively and in accordance with democratic principles. Such a system would minimize the problems associated with abuse in decision-making by electoral justice bodies. However, the dependence of the electoral justice system on the National Congress remains a significant challenge that must be addressed to ensure the stability and legitimacy of the political system in Argentina.
