FUNDAMENTAL PRINCIPLES OF ELECTORAL LAW AS IMPLEMENTED IN ELECTORAL SYSTEMS

Abstract

Introduction: the article analyzes the fundamental principles of electoral law and how they are implemented in various electoral systems. Purpose: to identify the objective criteria a democratic electoral system must meet. Methods: along with general scientific methods, there have been used specific scientific methods, including comparative legal and systemic ones. Results: there have been identified three principles of electoral law that can be recognized as fundamental: the principles of equal, free, and fair election. They mutually presuppose, guarantee, and supplement each other. Moreover, provisions of one principle can be corrected by provisions of the others. Thus, the principles of equal, free and fair election form an integral sustainable system whose elements are in a dialectical unity. These principles cover all the subjects of electoral law and electoral process and they must be followed at each stage of elections. Furthermore, they are complex and include provisions of a number of secondary principles (the principles of universal, equal, direct suffrage in a secret ballot, etc.). Conclusions: the above principles are implemented to the greatest extent in ranked voting. Some ranked voting systems ensure proportional representation of parties. Elections held based on such voting assure free and equal participation of both independent and party candidates. Many other majoritarian, proportional or mixed-member electoral systems do not meet the abovementioned criteria.