Riassunto esame Fundamental rights, Prof. Cossiri Angela Giuseppina, libro consigliato The Constitution of Italy. A Contextual Analysis, Lupo Cartabia

ELECTORAL SYSTEM IN A STRICT SENSE

In Italy, two are the types of electoral system we tend to identify:

• The Majoritarian system
• The Proportional system

Outside Italy, this distinction involves a third type of system:

• Proportional systems refers to a range of voting systems that aim to produce a distribution of representation in the democratic assembly that reflects the way the electorate has voted. In a perfectly proportional system, a party that received 25 per cent of the votes would get 25 percent of the seats.
• Majoritarian or majority systems refers to a voting system in which candidates must receive a majority of votes to be elected, either in a runoff election or final round of voting (although in some cases only a plurality is required in the last round of voting if no candidate can achieve a majority). There are two main forms of majoritarian systems, one conducted in a single election using ranked voting and the other using multiple elections, to successively

narrow the field of candidates. Both are primarily used for single-member constituencies: in other words there is one district and at the end of the process only one candidate will be elected. The term ranked voting, also known as preferential voting or ranked choice voting refers to any voting system in which voters rank their candidates or options—in a sequence of first, second, third, and so on—on their respective ballots. Multiple voting is the practice of voting in more than one constituency in the same election. • Plurality voting is a system in which the candidate(s) with the highest number of votes wins, with no requirement to get a majority of votes. In cases where there is a single position to be filled, it is known as first-past-the-post. In Italy the majority and plurality voting are kept together, because at the very end just one among the candidates is the winner. [usually considered as a kind of majority system] However, in the majoritarian system, the candidate must

Get the majority of votes, whereas in the plurality voting the first is the one who is elected, even though he does not reach the majority.

VOTING METHODS under the MAJORITARIAN OR PLURALITY SYSTEM (I)

(FPTP, also referred to as the Single Member Plurality system)

• Each-First-Past-the-Post voter can vote for one candidate from the list of candidates standing in their constituency (voting district).
• Plurality voting is a system in which the candidate(s) with the highest number of votes wins, with no requirement to get a majority of votes.

(IRV), whereby voters rank candidates in order of preference

• Instant-runoff voting majoritarian

VOTING METHODS under the MAJORITARIAN OR PLURALITY SYSTEM (II)

The Two-Round System (TRS), also known as runoff voting, second ballot, or ballotage, is a voting method used to elect a single candidate, where voters cast a single vote for their preferred candidate. It generally ensures a majoritarian result, not a simple plurality result as under

alignment.VOTING METHODS under the PROPORTIONAL SYSTEM(III)-Party-list proportional representation: voters cast a vote for a list of candidates proposed by a party: there are different lists proposed by the various political parties. These lists can be closed or open.

In closed list systems voters do not have any influence over the candidates put forward by the party, but in open list systems voters are able to both vote for the party list and influence the order in which candidates will be assigned seats.

-Single Transferable Vote (STV) is a proportional electoral system. Under STV, multiple representatives are elected to each constituency (unlike FPTP). So, one area may be choosing four members, for example. Voters rank candidates in order of preference.

RULES OF CONSTITUENCY at ordinary level (e.g. Knesset)

ONE SINGLE CONSTITUENCY (DESIGNED AND SHAPED BY THE LEGISLATION )vs•A single-member district is an electoral district represented by a single officeholder. Single-member districts are

also sometimes called single-winner voting, winner-takes-all, or single-member constituencies. Only one candidate is elected.

• A multi-member district, also called multi-winner voting, multiple-winner elections or committee voting or committee elections, is an electoral system in which multiple candidates are elected.
• A number of candidates are elected.

ELECTORAL SYSTEMS IN THE WORLD

• First past the post electoral system
• Azerbaijan, Nigeria
• Party-list proportional representation (Closed list PR)
• Brazil
• Mixed system, majoritarian system
• Kyrgyzstan, Russia

Other relevant concepts

The electoral threshold, or election threshold, is the minimum share of the primary vote that a candidate or political party requires to achieve before they become entitled to representation or additional seats in a legislature.

The majority bonus system (MBS) is a form of semi-proportional representation used in some European countries, including Italy too. Its feature is a majority bonus which gives

extra seats or representation in an elected body to the party or to the joined parties (coalition) with the most votes with the aim of providing government and political stability. The main idea behind these concepts is to avoid fragmentation within the Houses of the Parliament. THE ITALIAN ELECTORAL SYSTEM MIXED The Italian system is a mixed system with one vote. In other words, the voters cast one single vote. However, the 63% of the seats (both the Chamber and the Senate) are elected on the basis of a proportional system, with blocked lists (closed list), pluri-member constituencies. Therefore, a single constituency elects different candidates. The 37% of the seats are decided on the basis of a majoritarian system with first-past-the-post rule, single-member constituencies. There are different thresholds, whose aim is reducing the fragmentation:

• 10% for coalition;
• 3% for lists, within the coalition the list must reach the 3 percent of the votes. However, 1% suffices for increasing votes of

the coalition. This means that the list will not have candidates elected but the votes collected will increase the votes for the coalition.
● Pluri-candidacies: candidates can stand in different constituencies. However even if they are the winner in multiple constituencies they have to choose one among them. There is also an attempt to guarantee gender equality (no more than 60% candidates of the same gender).
III Lesson-B
THE PARLIAMENT
Parliaments and Modern Constitutions
Modern Parliaments and Modern Constitutions were born together.
Modern Parliaments are extremely different from Parliaments in Middle Age. Indeed at that time, in Parliaments, seats were covered by specific social stratum (e.g. the gentry). On the one hand a modern representation lacked, on the other hand the binding mandate was in force. They are defined as negative parliaments.
Instead modern parliaments are Core of constitutionalism.
Democratic parliaments are elective assemblies. Therefore a political representation isprovided, since through universal suffrage, people are able to elect their own representative. These parliaments represent the Nation (intended as a collective entity, which avoids any kinds of social division) without binding mandate (Article 67 IC). There are different types of legislatures. According to the classical tradition of the principle of division of power, the executive, legislative and judicial powers are guaranteed. Parliaments are vested with legislative power. Parliaments can be: - UNICAMERAL: People elect their representative, who will seat in just one chamber - BICAMERAL: "Upper House" and "Lower House", who will seat in the upper or the lower Chamber. In general, the functions and features of these two chambers are differentiated, since they offer different kinds of representation or they exercise different kinds of powers. Most countries are constituted by a bicameral parliament. TYPES OF BICAMERALISM or TWO-HOUSES PARLIAMENT Perfect (or symmetrical) bicameralism vs Imperfect (or asymmetrical)bicameralism

Usually lower chambers are entrusted with the power to draft ordinary legislation and to vote confidence in the government. Lower chambers are usually elected through universal suffrage, while the upper chamber has different kinds of functions.

Federal systems tend to have an imperfect bicameralism, because lower chambers tend to represent the whole people, whereas the upper chambers are the representation of the member states. This is the case of Germany and the US.

In Italy, we have the Chamber of deputies, which gathers in Palazzo Montecitorio, in Rome and the Senate, whose headquarters is Palazzo Madama.

The Italian Parliament is symmetrical, because the two chambers have the same powers and functions, with very slight differences. They both have 5 years mandate and are voted by electors who turned 18.

However:

• Chamber of Deputies: 400 members (630), candidates at least 25 y.
• Senate of the Republic: 200 members (315) + 5 life senators (appointed by the President of the Republic).

Regionalism Article 57 IC: The Senate of the Republic is elected on a regional basis, with the exception of the seats assigned to the Overseas Constituency. The art. 67 affirms the regional representation in the Senate. However, this ordinary law does not result as a very strong constraint to the constituencies.

FUNCTIONS OF THE PARLIAMENT

Walter Bagehot (1867)

House of Commons

The classic functions assigned to the Parliament are:

• Elective - to form a government
• Expressive - to represent citizens
• Teaching - to teach the nation what it does not know
• Informing - to inform citizens about current affairs
• Legislative
• (Financial)

Nowadays, the tasks entrusted to the Parliament have slightly changed:

• Elective - to form a government
• Expressive - to represent citizens
• Teaching