THE ELECTORAL SYSTEM
Introduction
When the greatest of the US President, Abraham Lincoln,
proclaimed his faith in 'govt of the people, by the people, for
the people, he put a memorable stamp on that ideal of
democracy which had been conceived in ancient Greece, but
all too often imperfectly realised, even when accepted.
In a democratic state, the electoral process exercises
determining power over those who holds political office. It is the
electorate which confers the power to govern and calls govt to
account. The core idea behind represenatative govt is that it
enables all sections of society to have a say in the formation of
the govt.
Note: However, critics maintain that b'se the present system in
the UK is insufficiently representative, it offends against basic
human rights and delivers the wrong kind of govt- Bill JonesReforming the Electoral System.
THE ELECTORAL SYSTEM
Indicators to show that the electorate enjoys true equality in
constitutional participation:
It is of fundamental constitutional importance that the
electoral system ensures four principles:
* that there is full franchise, subjected to limited restrictions;
* that the value of each vote cast is equal to that of every
other vote;
* that the conduct of election campaigns is regulated to
ensure legality & fairness;
* that the voting system is such as to produce both a
legislative body representative of the electorate & govt with
sufficient democratic support to be able to govern effectively.
THE ELECTORAL SYSTEM
Conditions to be fulfilled for one to cast his/her vote in the
UK parliamentary election:
(a) The Franchise- In order to vote in a parliamentary
election, a person must be included on the electoral
register for a parliamentary constituency. However, to
qualify for inclusion on the register, the person must
satisfy certain conditions e.g. The person must be a
resident in a constituency, citizen, voting age (now 18
years & over) not being subject to any legal incapacity.
See the Representation of the Peoples Act 1983- under
sec 1, eligibility to vote is dependent upon residence in a
constituency on the qualifying date (currently 10th Oct in
England, Wales & Scotland; 15th Sept in Northern
Ireland).
THE ELECTORAL SYSTEM
Conditions to be fulfilled for one to cast his/her vote in the UK
parliamentary election: (Continuation)
(a) The FranchiseIn the case of Fox v Stick (1970)- the definition of the term
'reside'
was held to mean to 'dwell permanently or for a considerable time,
to have one's settled or usual residence, to live in a particular place'
& this include students staying at a university which would be
construed as permanent.
See also the Representation of People Act 2000- it deals mainly with
the creation of electoral registration
& franchise. It also amends
certain provisions of the Representation of the People Act 1983. This
Act must be read together with a recent important piece of
legislation, the Political Parties, Election & Referendums Act 2000.
Sections 1 & 2 of the Representation of the People Act 2000 amends
sections 1 & 2 of the Representation of the People Act 1983. (See
also sec 5 which deals with 'residence' for purposes of registration).
THE ELECTORAL SYSTEM
How are the boundaries drawn in the constituencies in the
UK?
* The boundaries are drawn by the Boundary Commissions.
This is to ensure the effectiveness of the “one man,one vote, one
value” (this is important b'se at the end of the day, the size of the
constituencies in terms of eligible voters reflects the extent to
which the equality of voting power is achieved).
* The principle of “one man, one vote, one value” is given formal
recognition in the rules regulating the work of the Boundary
Commissions contained in the Parliamentary Constituencies Act
1986, which consolidates the HOC (Redistribution of Seats) Act
1949-1979. See also the Boundary Commissions Act 1992.
They are altogether four Commissions, each headed by the
Speaker of the HOC, & comprises a senior judge, as deputy, &
two other members who are not members of Parliament.
THE ELECTORAL SYSTEM
How are boundaries drawn in the constituencies in the UK?
(Continuation)
As to the duty of the Commission is basically to review, &
report to the Home Secretary the representation within
constituencies, reports being submitted not less than eight
years or more than 12 years from the date of the submission of
their last report.
When the report is submitted to the Home Secretary, it is
his/her task now to put the report before the Parliament
altogether with draft orders in council giving effect, with or
without modification, to the recommenddations for boundary
change. Therefore the House can vary but not reject or ignore
recommendations. If the draft is approved, by resolution of
each House, then it will have effect in the next general election.
THE ELECTORAL SYSTEM
How are boundaries drawn in the constituencies in the UK?
(Continuation)
See the case of R v Boundary Commission of England ex
parte Foot [1983] QB 600, where the Labour Party having been
aggrieved by the Boundary Commission's recommendations,
instituted legal proceedings. The RT Hon Michael Foot MP
sought an order of prohibition & injunctions to restrain the
Commission from putting the recommendations to the Home
Secretary, alleging the Commission had misinterpreted the rule
i.e., he claimed that the Commission had given too much
weight to local authority boundaries & not enough to equal
number of voters. The Ct rejected the argument & held that
(COA): although no appeal against the Commission's
proposals lay to the Cts, judicial review was available to ensure
the Commission did not exceed the power or misinterpret
guidelines on factors to be taken into a/c in revising
constituency boundaries.
THE ELECTORAL SYSTEM
How are boundaries drawn in the constituencies in the UK?
(Continuation)
Unlike in the USA in the case of Baker v Carr, the principle
of equality before the law as such of constitutional
importance that the Supreme Court held that the Fourteen
Amendment of the Constitution of the 'equal protection'
clause-required that electoral districts had to have an
approximately equal number of electors to prevent over or
under representation & equality in voting power.
Note: The basic principle that each constituency should
have the same number is to ensure that all votes are of
equal value but it should be noted that this may not
always be possible on account of boundary rigging.
THE ELECTORAL SYSTEM
Parliamentary Constituencies:
The UK is divided into 659 constituencies, each
returning one MP. The party that wins the majority of
seats (note: not votes) is the party that wins that
particular election, & that party will go on to form the
govt.
The voting system here refers to the election of the
members of the HOC. By law, an election for the
entire membership of the HOC must be held at least
every five years (see sec 7 of the Parliament Act
1911). Such an election is known as the general
election. Accordingly, a Parliament can only last for a
maximum of 5 years.
THE ELECTORAL SYSTEM
What are the rules/laws governing election?
(1) The Rules Governing Qualification & Disqualification of
Voters:
* The Representation of the People Act 2000
This Act deals mainly with the creation of electoral registration &
franchise. It also amends certain provisions of the Representation of
the People Act 1983. This Act must be read together with a recent
important piece of legislation, the Political Parties, Election, &
Referendum Act 2000.
Sections 1 & 2 of the Representation of People Act 2000 amends
sections 1 & 2 of the Representation of the People Act 1983
regarding eligibility to vote. Sections 1 & 2 states that a person is
entitled to vote as a voter at a parliamentary or local govt election if
on the date of the poll he is: registered in the register; not subject to
any legal incapacity to vote; he is of voting age etc.
THE ELECTORAL SYSTEM
What are the rules/laws governing conduct of election in
the UK?
(1) The Rules Governing Qualification & Disqualification of
Voters:
* The Representation
(Continuation)
of
the
People
Act
2000
Sec 1(2) states that a person is not entitled to vote as an
elector: more than once in the same constituency at any
parliamentary election.
Sec 2- provides for disfranchisement of offenders in
mental hospitals (this means that they are legally
incapable of voting at any parliamentary or local govt
election.
THE ELECTORAL SYSTEM
What are the rules/laws governing the conduct of elections in the
UK?
(2) Rules Governing Expenditure:
* The Political Parties, Election & Referendums Act 2000
Part V of the Act deals with regulation of campaign expenditure.
Under Part V is clearly stated: 'No expenditure is to be incurred by or
on behalf of the registered party unless it is incurred with the
authority of the treasurer or deputy treasurer.
Sections 75-77, & also schedule 8 impose limits on campaign
expenditure in relation to parliamentary general elections & general
election to the European Parliament, Scottish Parliament, Wales &
the Northern Ireland. In relation to a parliamentary election, the limit
applying to campaign expenditure in England, Scotland & Wales is
L30,000 X the number of constituencies contested by the party in
that part of the UK.
THE ELECTORAL SYSTEM
What are the rules/laws governing the conduct of elections
in the UK?
(2) The Rules Governing Expenditure:
* The Poltical Parties, Elections & Referendums Act 2000
or, if greater, in relation to England, L810,000, Scotland
L120,000 & Wales L60,000. In relation to Northern
Ireland, the limit is L30,000 X by the number of
constituencies contested by the party.
Note: A maximum expenditure of L100,000 has been laid
down for all by-elections.
THE ELECTORAL SYSTEM
What are the rules/laws governing the conduct of elections in the
UK?
(2) The Rules Governing Expenditure:
* The Representation of the People Act 1983
Sec 75 provides that no expenditure shall be made other than
by the candidate or through his election agent. Each candidate
must appoint an election agent (sec 67(2)). The reason for this
rule is to make sure there is fairness amongst the candidates &
also accountability as to election expenses.
All accounts relating to election expenses must be reported
within 21 days of the election result, to the Returning Officer.
On the other hand, agents must make a return of all expenses
to the Returning Officer not more than 35 days after the result
of the election is declared (PPER Act 2000)
THE ELECTORAL SYSTEM
What are the rules/laws governing the conduct of elections
in the UK?
(3) The Rules Governing Broadcasting & Elections
*Broadcasting may be made by the British Broadcasting
Corporation (BBC) or Independent Television Commission
(ITC). ITC requires its television company licence holders
to include party political broadcasts in their licensed
services. However, it is upto the individual licenseees to
judge the appropriate allocation of broadcasting time
within the terms of the rules laid down by the ITC. BBC
which is an independent public corporation, makes similar
allocations of airtime to the political parties although unlike
the commercial TV companies it has no formal obligation
to do so.
THE ELECTORAL SYSTEM
What are the rules/laws governing the conduct of elections in the
UK?
(3) The Rules Governing Broadcasting Expenditure:
Also, broadcasting is controlled by sections 92 & 93 of the
Representation of the People Act 1983 & is confined to
broadcasts made by the BBC & IBA (Independent
Broadcasting Authority). See the case of Marshall v BBC
[1979] All ER 80, it was stated that no broadcasty may be
made without the consent of the participating candidate.
Note: The problem with rules governing broadcasting is that
there is very limited legal cvontrol. Allocation of time for party
political broadcast is made by agreements of the BBC & IBA.
Regulation seems to be largely by convention. Thus, the Cts
due to the doctrine of SOP's & Parliamentary Privilege, tend to
take non-interventionist stance.
THE ELECTORAL SYSTEM
What are the rules/laws governing the conduct of elections
in the UK?
(3) The Rules Governing Broadcasting & Expenditure:
See the case of R v Broadcasting Complaints
Commission ex parte Owen [1985] QB 1153, where David
Owen had complained to the Commission that the
allocation of time to various parties, especially Social
Democratic Party was unjust or unfair under sec 54
Broadcasting Act 1981. On appeal to the Ct, it was held
that the Commission had jurisdiction to consider
complaints about general fairness, ...but the Commission
had acted lawfully in allocating time on the basis of the
number of seats won rather than number of votes cast.
THE ELECTORAL SYSTEM
What are the rules/laws governing the conduct of elections in the
UK?
(3) The Rules Governing Broadcasting & Expenditure:
See also the case of R v British Corporation ex parte
Referendum Party (1997), where there was a challenge to the
allocation of broadcasting time. In this case, the Referendum
Party was founded in 1994 and contested 547 seats at the
general election. The broadcasting authorities allocated the
Party 1/5-minute broadcast on each network. The
Conservative & Labour parties each were allocated four
broadcasts. The Referendum Party sought judicial review,
claiming that it had 3% in public opinion polls & that, given that
it was a new party, the broadcasting authorities should not
have relied on past electoral support. The Divisional Ct held
that former electoral support must not be determinative, but the
authorities were allowed to include criterion. The decision was
not irrational.
THE ELECTORAL SYSTEM
What are the rules/laws governing the conduct of elections in the
UK?
(4) The Rules Governing Disputed Election:
Any challenge to an election campaign must be made within 3
weeks of the result being declared. The complaint may be made a
registered elector, by unsuccessful candidate or by their nominees.
Since 1986, such challenge goes to the Election Court.
The Court has the power to order a recount; declare corrupt or illegal
practices; disqualify a candidate from membership of the HOC &
declare a runner-up duly elected; or to order a fresh election. (See
the case of Ruffles v Rogers [1982] 3 WLR 143, where the election
papers were incorrectly counted & affected the outcome of the
election. The election was declared void, but the Ct made it clear
that had the miscount not affected the result, the election would have
been upheld).
THE ELECTORAL SYSTEM
What are the rules/laws governing the conduct of
elections in the UK?
(5) The Rules Governing Registration of Political
Parties:
* The Registration of Political Parties Act 1998
Under the Act, a political party is entitled to be entered
on the register of political parties if the party intends
to have one or more candidates at parliamentary
elections, elections to the European Parliament,
National Assembly for Wales, the Northern Ireland
Assembly or local government.
THE ELECTORAL SYSTEM
What are the rules/laws governing the conduct of elections
in the UK?
(6) The Political Parties, Election & Referendums Act
2000
* Control of Donations to Political Parties-Part IV
This Act provides for the control of donations to registered
parties & their members, defining permissible donors &
providing rules regulating the acceptance or return of
donations, & providing for forfeiture of donations by
impermissible or unidentifiable donors.
See also sections 5-13 on the functions of the Electoral
Commission.
THE ELECTORAL SYSTEM
Electoral Offences:
Where there are violations of the statutory provisions on
conduct of election campaigns mentioned above, there
will be a commission of electoral offences. See the
following situations:
*The Representation of the People Act 1983 prohibits
certain unlawful practices & provides for challenges to the
legality of an election campaign e.g. violation of sec 75 of
the Act.
*Under the Act, a corrupt practice includes exceeding the
lawful expenditure limits, bribery, treating, undue influence
which includes making threats or attempts to intimidate
electors. (See sections 72-75, 107, 111, 115, 209)
THE ELECTORAL SYSTEM
Electoral Offences: (Continuation)
* Sec 113 of the Act defines 'bribe' as: “any money,
gift, loan or valuable consideration, etc in order to
influence how elector will cast his/her vote”.
* Sec 114 of the Act states that “Treating” happens
when a candidate offers or gives food, drink or
entertainment with a view to influencing a voter as to
how to vote.
Note: A corrupt practice may be committed by any
person, not just the candidate or election agent.
THE ELECTORAL SYSTEM
Some cases showing challenges to expenditure in the
past:
* R v Tronoh Mines Ltd [1952] All ER 697, where Tronoh Mines
placed an advertisement in the Times Newspaper urging voters
not to vote socialist. The Co & the Times were charged under
the Act (Representation of the People Act 1983). The Ct held
that the expenditure had been incurred with a view to
promoting the interests of a Party generally, rather than an
individual candidate; that any advantage incurred was
incidental & not direct; & accordingly the expenditure did not
fall within sec 75.
Note: A distinction was drawn btn an advertisement placed in
The Times urging voters not to vote for political party (which is
lawful) & an expenditure designed to promote interests of a
particular candidate (which would have been unlawful).
THE ELECTORAL SYSTEM
Some cases showing challenges to expenditure in the past:
* DPP v Luft [1977] AC 962, where an anti-fascist group had
distributed pamphlets in three constituencies urging voters not
to vote for National Front (extreme right wing) candidates. The
group was prosecuted under sec 75 of the Act for incurring
expenditure with a view to promoting the election of a
candidate, without the authority of an election agent. It was
held that an offence had been committed, even though the
promoters were seeking to prevent the election of a candidate.
Nonetheless, the Ct felt that there was a breach of sec 75.
* See also the case of Walker v Unison [1995], where the Ct
ruled that the advertisements were a generalised attack on a
political party, & not a direct attack on candidates &,
accordingly, the advertisements did not contravene sec 75 of
the Act.
THE ELECTORAL SYSTEM
Relationship btn sec 75 & the European Court of Human Rights:
* See the case of Bowman v United Kingdom (1998), where
the applicant had been prosecuted under sec 75, as being
'unauthorised person' for the purpose of election expenditure
incurred in the 1992 general election., over the allowable limit.
She was acquitted because the summons had been issued out
of time. She however brought an action to the ECHRs &
alleged that sec 75 constituted a breach of Art 10, which
protects freedom of expression. The ECHRs noted that sec 75
did not directly limit freedom of expression but, rather, was
directed to prohibit unauthorised expenditure during election
campaigns for the purpose of promoting a candidate's election.
The Ct also stated that the requirement of freedom of
expression had to be balanced against the legitimacy of the
state's interest in promoting equality in the election campaign.
(See also the case of Grieve v Douglas-Humes [1965])
THE ELECTORAL SYSTEM
The voting system currently practised in the UK (HOC):
* The current voting ssytem practised in the UK in electing the
members of the HOC is referred to as the “First Past the Post
System” (FPTP). It means that the candidate with the largest
number of votes in each constituency is duly elected, although
he/she may not necessarily have received more than half the
votes cast. Thus, the party that wins the majority of the number
of seats (note: not votes) is the party that wins that particular
election, & that party will then go on to form the govt.
* Other than the FPTP used in electing members of the HOC,
the Scottish Parliament & National Assembly of Wales uses the
'additional member system' & the Northern Ireland Assembly
employ the 'single transferable vote system'.
THE ELECTORAL SYSTEM
What are the defects of the current voting system? (FPTP)
(a) Wasted votes: It is undemocratic in the sense that
many votes are wasted. This is b'se as long as there is a
winner in a relatively crude sense (simple majority), this
means that all other votes are in effect useless.
(b) The system is unrepresentative i.e., runner-up get
absolutely no credit whatsoever in the FPTP system. This
is despite the fact that sometime, the difference btn the
winner & the runner-up is one or two votes.
(c)It may produce minority governments. This is b'se
governments are chosen not on the basis of the number
of votes that they win on a national scale, but on the
number of seats they win in the HOC.
THE ELECTORAL SYSTEM
What are the defects of the current voting system?
(FPTP)
(d) The relationship btn votes won & seats won: It is
vital that the number of seats won reflects, to a certain
degree of accuracy, the number of votes won by a
particular party on national scale. This is important on
democratic & equitable grounds. It is also important in
securing the “one man, one vote, one value”
objective.
(e) Discriminates against third parties & creates a bipolar system. The FPTP system produces artificially
large majorities for the two main parties, Conservative
& Labour. This is b'se of geographical & class factors.
THE ELECTORAL SYSTEM
What are the defects of the current voting system? (FPTP)
(f) Extremism- the voting system is also said to encourage
“mindless party solidarity” & to favour “extreme wings” within
each party.
(g) Limited Choice: Only the governing & the opposition parties
to appear to have viable chances of gaining majorities in
general elections, therefore voters tend to withhold their
support for a smaller parties which may actually more
accurately reflect their beliefs, & cast their votes for the party
they dislike the least.
(h) It discriminates against minorities/ethnic minorities. This is
b'se approximately ¼ of the voting population receive minimal
represenatation.
(i) Electoral Swing
THE ELECTORAL SYSTEM
What are the advantages of the current voting system? (FPTP)
(a) Simplicity & ease of operation: Voters are used to the
system; it is easily understood, & works in an uncomplicated
manner.
(b) Local link btn the MP & constituency preserved: The use of
many small constituencies are said to permit close links btn
Mps 7 their constituents.
(c) Stable govt with relatively large support: The system
produces stable majorities & strong govt with a resaonable
amount of support. This means that a single govt can count on
a full term, enabling them to enact programmes without fear of
a coup.
(d) Accountable Govts: (See the operation of the doctrine of
collective responsibility). A party cannot blame any minority
parties with which it would have had to form a coalition.
THE ELECTORAL SYSTEM
What are the advantages of the current voting system?
(FPTP)
(f) Clear choice: it offers voters a clear choice. This is
b'se they know what they are voting for i.e., what the
party represent.
(g)By-election: This allows sections of the public to
register their views on the progress of govt btn
elections.
What are the alternative models of voting that has been
suggested?
THE ELECTORAL SYSTEM
(a) The Alternative Vote System
Under the alternative vote system, the electors place the
candidate in order of preference on the ballot paper, i.e. one,
two, three etc. If no candidate polls an absolute majority, i.e.,
over 50% of the first preferences, then the candidate who
polled the least first preferences is eliminated & his second
preferences are distributed. This process of elimination of the
bottom candidate & redistribution of preferences is repeated
until one candidate ends up with an absolute majority & is
elected.
Whilst this system does not ensure true proportionality,
candidates cannot be elected on a minority of the votes (no
wasted votes). The system is viewed as democractic enough
because the result represents the wishes of the majority
voters.
THE ELECTORAL SYSTEM
What are the alternative models of voting that has been
suggested?
(b) The Party List
The ultimate & only precise means of achieving direct
proportionality is to have only one constituency, composed of
the whole country, with the parties presenting list of candidates
and electors voting, not for individual candidates but for the
whole party list. In other words, instead of voting for individual,
the elector votes for a party. Seats are allocated in proportion
to the votes cast. The basic principle under the system is that,
the voters see a list of all candidates for a particular party, &
vote for the list as a whole. The party usually presents the list
to the voter in order of preference. Practically, this means that
individual candidate on the bottom of the list rarely, if ever, get
elected.
THE ELECTORAL SYSTEM
What are the alternative models of voting that has been
suggested?
(b) The Party List
Advantages:
* Simplicity of the system-it is easy to understand, & works in an
uncomplicated manners. It requires none of the complicated &
time-consuming calculations.
* It is extremely fair & equitable from the whole distribution of
seats. There is the possibility of ensuring in a precise manner
that the distribution of seats would be exactly in proportion to
the votes won by each party.
* It is easy for third parties to have a chance to win some seats.
This is b'se the voters cast their votes based on party line
rather than individual basis.
THE ELECTORAL SYSTEM
What are the alternative models of voting that has been
suggested?
(b) The Party List
Disadvantages:
* Too crude: how can Britain consist of just one constituency?
This is b'se the system in its pure form implies that there is one
constituency comprising the whole country.
* It destroys the valuable local link btn the MP & his constituents.
This is b'se the system advocates for one constituency
comprising the whole country.
* It places too much power in the hands of those at the top of the
party hierarchy. This is b'se it would be a rare occasion to see
new faces in the party being seconded for election.
THE ELECTORAL SYSTEM
What are the alternative models of voting that has been
suggested?
(c) The Single Transferable Vote System:
It is an alternative to the party list system. It requires multimember constituencies of between five to seven
members. Voters list the individual candidates in order of
preference. In counting the votes, the principle that
applies is that the candidate only needs a certain number
or quota of votes to be elected & any votes he receives
beyond this figure are surplus & serve only to build up an
unnecessary majority. So, once the candidate has
received the quota necessary to secure his election, the
surplus votes are redistributed among the other
candidates according to second preferences.
THE ELECTORAL SYSTEM
What are the alternative models of voting that has been
suggested?
(c) The Single Transferable Vote System:
Advantages:
* The system prevents wasted votes. This is b'se so many votes
are taken into account.
* More voice for citizens. This is b'se they would not have just a
single member in Parliament to represent them, but a choice of
5-7 members.
* It protects minorities. This is b'se voters may split their votes
across party lines & can exercise choice amongst candidates
from the same party.
THE ELECTORAL SYSTEM
What are the alternative models of voting that has been
suggested?
(b) The Single Transferable Vote System
Disadvantages:
* Multi member constituencies are not suitable for Britain i.e.,
some constituencies in Britain are very small (less than
150,000 voters) which would mean that the STV system would
not be appropriate.
* It would create unnecessary inter party rivalries & would also
strain party resources.
* The system is extremely complex, time consuming & demands
meticulous mathematical calculations.
THE ELECTORAL SYSTEM
Recommendations that the Jenkins Report suggested to the
Labour Party after winning the 1997 general elections:
Lord Jenkins, a Liberal Democrat peer, who was known to be
in favour of proportional representation, was asked to chair the
commission, in order to produce alternative to the FPTP
system. After this, the issue was to be put to voters in a
referendum.
In Oct 1998 the Jenkins Commission published its report
containing proposals for reforming the system used for electing
Westminster MPs.
The
Jenkins
Commission
recommendations:
forwarded
the
following
* The system had to be broadly proportional, promote stable
govt, extend voter choice, & maintian the link btn MPs and the
constituencies.
THE ELECTORAL SYSTEM
Recommendations that the Jenkins Report suggested to the
Labour Party after winning the 1997 general elections:
* The Constituency boundaries would be redrawn to create
around 520 constituencies, with each returning one MP.
* Voters would indicate their preferences by listing their preferred
candidates in first and second preference order. If any
candidate secures 50% of the first preference votes, he is
elected.
* If no one reaches the 50% target, the candidate with the lowest
number of first preference votes is eliminated & his votes
redistributed amongst the remaning candidates according to
the second preference.
THE ELECTORAL SYSTEM
Recommendations that the Jenkins Report suggested to
the Labour Party after winning the 1997 general elections:
* There should be a properly planned publicly funded but
neutrally conducted education programme for the public to
prepare voters for the decision they will be required to
make in the referendum.
* This education programme should be undertaken by an
independent Electoral Commission. This Commission
should also advise Parliament on the electoral
administration & related matters.
* The govt should review the new system after two general
elections.
THE ELECTORAL SYSTEM
Problems to be encountered in trying to respond to the Jenkins
Report:
* The issue must first be put to the electorate in a referendum. The
electorate must endorse the recommended AVS first before it can be
implemented.
* It would be a drastic break with the past, & would involve
tremendous work in terms of boundary redistribution.
* From the political perspective, there are also other problems in the
sense that the Labour Cabinet itself seems at present to be divided
over the issue. The AVS, if implemented, will mean that many Labour
seats will be lost. Thus, it is a moot question if many Labour MPs will
support it.
* The Liberal Democrats would certainly be in favour of reform, as
they can only benefit under the system (compared with the FPTP),
but the Tories may not support it.
THE ELECTORAL SYSTEM
Recent developments on electoral system:
* See the case of R (Pearson & Another) v Secretary of State for
the Home Department & Ors; The QBD ruled that domestic law
was not incompatible with the right to vote under the ECHR. Art
3 of the First Protocol provides for the holding of free elections
under conditions ensuring the free expression of the opinion of
the people in the choice of the legislature. Registration officers
had refused to enter the applicants' names on the electoral
register in light of their imprisonment. The applicants sought
judicial review of that decision.
* See also the case of Hirst v AG [2002], where an application
was made by Mr Hirst for a declaration under sec 4(2) HRA
1998 that sec 3(1) of the Representation of People Act 1983
which provides that a convicted person detained in a penal
institution is legally incapable of voting as incompatible with
ECHR. The right to vote was not absolute, & states had a
margin of appreciation as to restrictions.
THE ELECTORAL SYSTEM
Conclusion:
Democratic states take many forms, but all have a system of
representative govt whereby the citizens can elect & also
dismiss their political leaders. Thus, in discussing reforms of
the electoral system, there are no correct & wrong anwers.
There are arguments both for & against maintaining the status
quo. The crux of the argument for reform of the system is
based on the arguments of democracy & equality in voting
power. But again there are inherent dangers of Proportional
Representation systems e.g. Political paralysis due to too
many parties; increased chances of a coalition govt, & whether
this may result in a stalemated/hung Parliament; whether this
in turn could result in an erosion of the convention of collective
ministerial responsibility.