Object's details: Can Someone Be Unworthy to Exercise Their Right to Vote? Questions of the Right to Vote for Persons Sentenced to Imprisonment, With Special Reference to Hungarian Practice

Provider:Akademicka Platforma Czasopism

Description

Title:
Can Someone Be Unworthy to Exercise Their Right to Vote? Questions of the Right to Vote for Persons Sentenced to Imprisonment, With Special Reference to Hungarian Practice
Creator:
Dr. Kurunczi, Gábor
Description:
Over time, the generality of the right to vote has become an accepted principle, but it is still possible to disenfranchise a person if they have committed a crime. In international practice, this ground for disenfranchisement is considered accepted, but the ECtHR has pointed out that individualization and discretion are essential. National practice in this respect is quite varied: in some countries, offenders are automatically excluded, but in other countries, this should not happen in any case, and in the third category the disfranchisement is only possible on a case-by-case basis. According to the current Hungarian legislation, the exclusion is only possible if the offender is sentenced to a custodial sentence and is also disqualified from public affairs. The Hungarian practice is in line with the ECtHR practice, however, on the basis of statistical, disenfranchisement for criminal offences remains quasi-automatic. Therefore, the study also outlines possible solutions that could make the Hungarian legislation more forward-looking.
Object availability:
free access
Rights: https://creativecommons.org/licenses/by-nd/4.0 ;
Prawa autorskie (c) 2024 Gábor Dr. Kurunczi
Date:
2024.12.03
Type:
info:eu-repo/semantics/article;
info:eu-repo/semantics/publishedVersion
Language:
English
Source:
Comparative Law Review; Tom 30 (2024): Comparative Law Review; 85-111;
Comparative Law Review; Vol. 30 (2024): Comparative Law Review; 85-111;
2391-7644;
0866-9449
Format:
application/pdf
Publisher:
Uniwersytet Mikołaja Kopernika w Toruniu
Relation: https://apcz.umk.pl/CLR/article/view/47488/40472
Subject:
exclusion from the right to vote;
commission of a criminal offence;
custodial sentence;
disqualification from public affairs;
practice of the European Court of Human Rights;
Hungarian practice
Identifier: https://apcz.umk.pl/CLR/article/view/47488
Data provider:
Akademicka Platforma Czasopism

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