scholarly journals Disenfranchisement: Objectives and Objections : Looking Beyond the Rhetoric

Federalism-E ◽  
1969 ◽  
Vol 12 (1) ◽  
pp. 37-45
Author(s):  
Casey McDermott
Keyword(s):  
Democratic Society ◽  
The Political ◽  
Canadian Charter ◽  
Living Tree ◽  
Equality Rights ◽  
Democratic Rights ◽  
Right To Vote ◽  
The Right

Since the entrenchment of the Cana-dian Charter of Rights and Freedoms in 1982, much debate has focused on the legal, equali-ty, and democratic rights of both individuals and groups. While acknowledging the pro-gress in areas such as legal and equality rights, debates regarding democratic rights seem timeless and unsusceptible to the idea of the “living tree.”; This paper will analyze the high-ly controversial debate surrounding prisoner disenfranchisement and assert that voting is a fundamental right in democratic society. Through the analysis of the political objectives as well as the upholding and dissenting judge-ments in Sauvé 2, a decision where the Court held that prisoners have the right to vote un-der section 3 of the Canadian Charter of Rights and Freedoms [...]

Should Imprisoned Criminals have a Constitutional Right to Vote?.

1987 ◽  
Vol 2 ◽  
pp. 153-164 ◽  
Author(s):  
Zdravko Planinc
Keyword(s):  
Supreme Court ◽  
Democratic Society ◽  
House Of Commons ◽  
The Supreme Court ◽  
Democratic Rights ◽  
Reasonable Limit ◽  
Right To Vote ◽  
Constitutional Right ◽  
The Right ◽  
Legislative Assembly

Section 3 of the Charter of Rights and Freedoms sets out the democratic rights of Canadian citizens. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein. Donald Smiley has written that “some of the rights contained in the Charter are stated so explicitly that there is little doubt about their meaning and effect,” and that section 3 is one of the best examples of such clarity. But Smiley was wrong. The “meaning and effect” of section 3 has been thrown into doubt by the question whether its guarantee of the right to vote extends to imprisoned criminals. Newfoundland obviously thinks that it does, for in The Charter of Rights Amendment Act 1985, it repealed the traditional prohibition of prisoner voting. Other jurisdictions have chosen to retain the legal prohibition and to defend it against constitutional challenges mounted by inmates of Canadian prisons. The issue is probably headed for the Supreme Court, which will have to decide whether prisoners are full “citizens” within the meaning of section 3, and, if they are, whether a limit on their right to vote can be justified under section 1 as a “reasonable limit, demonstrably justifiable in a free and democratic society.”

scholarly journals Exploring a Practical Pathway toward Democracy in China

2020 ◽  
Vol 8 (4) ◽  
pp. 1
Author(s):  
Jiahong He
Keyword(s):  
The Political ◽  
Right To Know ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Right To Know ◽  
Democratic Rights ◽  
Democratic System ◽  
Right To Vote ◽  
The Right ◽  
People's Congress

The current democratic system in the People’s Republic of China (PRC) is based on the political consultation and the people’s congress. In this system of indirect democracy, the key is to ensure that those in power are representing the people’s interests. Over the last thirty years, China has been exploring the pathway toward democracy, but a long road lies ahead. Currently, China needs to take substantial practical measures to guarantee people’s democratic rights, including the right to know, the right to speak, and the right to vote. 

scholarly journals Pemenuhan Hak Politik Penyandang Disabilitas Mental dalam Pemilihan Umum

Kosmik Hukum ◽  
2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rizkon Maulana ◽  
Indriati Amarini ◽  
Ika Ariani Kartini
Keyword(s):  
Secondary Data ◽  
The Political ◽  
Political Rights ◽  
Mental Disabilities ◽  
Persons With Disabilities ◽  
General Elections ◽  
Pros And Cons ◽  
Right To Vote ◽  
The Right ◽  
Political Right

The fulfillment of political rights for persons with mental disabilities in general elections has not been running as it should be. Pros and cons arise when collecting data on citizens who have the right to vote at the time of general elections. This research analyzes how the fulfillment of the political rights of persons with mental disabilities in legislation and the obstacles experienced in fulfilling the political rights of persons with mental disabilities. This research is a normative juridical study using secondary data as the main data, namely books, journals, research results, and legislation. Secondary data were analyzed normatively qualitative. The results showed that the political rights of persons with disabilities, including persons with mental disabilities, are a component of human rights that must be fulfilled in a democratic country. The fulfillment of the political rights of persons with disabilities is generally based on Law Number 8 of 2016, namely Article 13 which stipulates that persons with disabilities have the political right to vote and be elected in public office. These rights are important to be respected, protected and fulfilled in order to achieve justice for eliminating political discrimination against persons with disabilities. As for the obstacles experienced in fulfilling the political rights of persons with mental disabilities, namely the difficulty in conveying socialization materials to persons with mental disabilities and the level of voter participation among persons with mental disabilities is still low.Keywords: Political Rights, General Election, Mental Disability

scholarly journals Towards Substantive Democracy In Indonesia: A Viewpoint

2020 ◽  
Vol 4 (2) ◽  
pp. 881-886
Author(s):  
I Made Gede Ray Misno
Keyword(s):  
Political Power ◽  
The Political ◽  
Political Rights ◽  
Political Position ◽  
Right To Vote ◽  
The Right

Democracy is the most appropriate choice for our nation in carrying out the life of the nation and state. With democracy, the political rights of every citizen are guaranteed to be the same. Every citizen has the right to vote and be elected into political power, in contrast to monarchies where hereditary law applies. Because all citizens have the same rights and obligations in politics, democracy can only work effectively if these political positions are filled or held by people who have good qualifications, competences, and morals, so that they are able to represent people. who have given him the confidence to occupy a given political position with the aim of mutual welfare, as stated in the Preamble to the 1945 Constitution.

scholarly journals On Disabilities

1970 ◽  
pp. 2
Author(s):  
Nawaf Kabbara
Keyword(s):  
The Political ◽  
Parliamentary Election ◽  
People With Disability ◽  
History Of ◽  
Right To Vote ◽  
The Right ◽  
Political Right ◽  
First Time ◽  
Disability Movement ◽  
Political Scene

The Lebanese parliamentary election was a very decisive moment in the country’s history. As a result of this election, a new parliamentary majority and discourse dominated the political scene. The election was also peculiar concerning the disability cause in Lebanon. For the first time in the history of Lebanon’s elections, disability became an issue. In fact, the Lebanese disability movement succeeded in launching two different but complementary campaigns during the election. The first one was engineered by both the Lebanese Physical Handicapped Union and the Youth Blind Association. Under the title “Haqqi” or “My Right,” the campaign focused on the right of people with disability to practice one of their most important rights: the political right to vote.

Comparative Perspectives on White and Indigenous Women's Political Citizenship in Queensland: The 1905 Act to Amend the Elections Acts, 1885 to 1899

2005 ◽  
Vol 12 (2) ◽  
pp. 9-22 ◽  
Author(s):  
Patricia Grimshaw
Keyword(s):  
Social History ◽  
White Women ◽  
The Political ◽  
Short List ◽  
Political Citizenship ◽  
The World ◽  
History Of ◽  
Right To Vote ◽  
The Right ◽  
Second World

The centenary of the passage in early 1905 of the Act to Amend the Elections Acts, 1885 to 1899, which extended the right to vote to white women in Queensland, marks a moment of great importance in the political and social history of Australia. The high ground of the history of women's suffrage in Australia is undoubtedly the passage of the 1902 Commonwealth Franchise Act that gave all white women in Australia political citizenship: the right to vote and to stand for parliamentary office at the federal level. Obviously this attracted the most attention internationally, given that it placed Australia on the short list of communities that had done so to date; most women in the world had to await the aftermath of the First or Second World Wars for similar rights.

Femininity: The Trap

2017 ◽  
Author(s):  
Simone de Beauvoir ◽  
Marybeth Timmermann
Keyword(s):  
Middle Ages ◽  
Civil Code ◽  
Concentration Camps ◽  
The Political ◽  
Economic Independence ◽  
Personal Consumption ◽  
Right To Vote ◽  
The Right ◽  
Political Scene ◽  
The Middle Ages

The French have never been feminists. Of course, they’ve always loved women, but in the manner of Mediterranean peoples, which is the way ogres love little children—for their personal consumption. In the middle ages, the law denied French women the possession of land and separated them from the political scene. Later, the civil code denied them the same rights as men. It is also known with what stubbornness aging senators have consistently turned a deaf ear when the feminists claimed the vote and full rights of citizenship. Since the war of 1914–18, the situation has changed somewhat. Lack of manpower brought women into many fields to replace men, and they began to acquire economic independence. This war completed the evolution. In the Resistance, in concentration camps, women proved their right to participate in the reconstruction of their country on an equal basis as men. The civil code was modified in their favor and they were given the right to vote, to be elected; there are few jobs which are today forbidden them. It appears, therefore, that in France the old quarrel between feminists and antifeminists is settled, and there is no reason to return to it. But I ask myself if on the contrary it is not today that the question rises most ...

The Right to Vote

Getting By ◽  
2019 ◽  
pp. 849-874
Author(s):  
Helen Hershkoff ◽  
Stephen Loffredo
Keyword(s):  
Low Income ◽  
Electoral Politics ◽  
Voter Registration ◽  
The Political ◽  
Political Rights ◽  
The Poor ◽  
Vote Count ◽  
Right To Vote ◽  
The Right ◽  
Waiting Periods

This chapter discusses the right to vote. Democracy demands that every vote count and that every voter be able to shape social and economic policy. Equality of participation, however, is seriously undermined by the outsized role that money plays in American electoral politics—making the exercise of the franchise even more important for persons who are poor or have low income. The chapter discusses the legal and practical barriers that low-income citizens face when they go to the polls, including demands for identification cards, the need to take time off from work, and long waiting periods at the ballot box in neighborhoods that are poor or populated by persons of color. The chapter sets out the constitutional basis for the right to vote, locating current restrictions in past practices that excluded the poor and unpropertied, and impeded the political rights of African Americans after emancipation. Discussion focuses on conditions that states have attached to the right to vote, on protections afforded under federal statutes, and rules governing voter registration campaigns.

scholarly journals Framing Deaf Children’s Right to Sign Language in the Canadian Charter of Rights and Freedoms

2017 ◽  
Vol 6 (1) ◽  
pp. 1 ◽  
Author(s):  
Jennifer J. Paul ◽  
Kristin Snoddon
Keyword(s):  
Sign Language ◽  
Case Law ◽  
Deaf Children ◽  
Language Rights ◽  
Disability Rights ◽  
Canadian Charter ◽  
Equality Rights ◽  
Starting Point ◽  
The Right ◽  
Innate Ability

Sign language rights for deaf children bring a unique perspective to bear in the fields of both disability rights and language planning. This is due to the lack of recognition in existing case law of the right to language in and of itself. Deaf children are frequently deprived of early exposure to a fully accessible language, and as a consequence may develop incomplete knowledge of any language. Thus, in the case of deaf children the concept of sign language rights encompasses rights that are ordinarily viewed as more fundamental to human equality. This paper will take as a starting point the historical treatment of the enumerated disability ground in the Canadian Charter of Rights and Freedoms’ section 15(1) guarantee of equality rights. We argue that in order to meet deaf children’s specific biological and linguistic needs, these children’s right to sign language also needs to be recognized as an analogous ground for protection from discrimination. Sign language rights are framed in terms of an immutable characteristic of all children, namely the biolingual process for language acquisition. The biolingual process is the experiential and innate ability to acquire language. 

scholarly journals The discourse of political parties of the Republic of Moldova on migration and diaspora

2021 ◽  
pp. 5-17
Author(s):  
Victor Moraru ◽  
◽  
Ecaterina Deleu ◽  
Keyword(s):  
Political Parties ◽  
Political Participation ◽  
Political Activity ◽  
The Political ◽  
Republic Of Moldova ◽  
Right To Vote ◽  
Election Results ◽  
The Republic ◽  
The Right

The discourse of the political parties of the Republic of Moldova passed through multiple transformations over the years. Issues on migration and diaspora were promoted especially during election periods. The political authorities focused, in the dialogue with diaspora, on issues related to political participation, ensuring the right to vote, organizing a larger number of polling stations abroad. The discourse of the parties, more rhetorical, was reoriented from the issue of migration to the representatives of the diaspora and the formed communities. During election periods this interest increases in intensity, becomes more active and more constant. According to the election results, the attitude of the parties towards the diaspora also changes. Several parties have developed strategies to involve diaspora representatives in political activity and have tried to build a more or less constant dialogue.

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