القاسم الانتخابي : قراءة دستورية في ضوء المعايير الدولية للانتخابات الديمقراطية و النزيهة

الملخص EN

One of the most notable developments in the legal framework under which the legislative, regional, and local elections on September 8, 2021, were held was the change in the method of calculating the electoral quotient used for seat allocation among the candidate lists.

It shifted from being calculated based on the number of valid votes to being calculated based on the number of registered voters in the electoral lists.

The Constitutional Court, in its decision 118/21, stated that there was nothing in this regard that contradicts the constitution.

This article aims to provide a different perspective from various angles in response to this decision.

It concludes that the mentioned provision is tainted with unconstitutionality because it contradicts the essence of the proportional representation system, violates principles of fairness, justice, and balance, and makes the election results not truly reflect the will of the voters.

Additionally, it goes against the internationally recognized scientific concept in the foundational sources of constitutional law.

Furthermore, it diminishes the legitimacy of the government resulting from elections that do not genuinely represent the popular will, thereby affecting the democratic choice of the nation and the achievements in the field of rights and freedoms.