Chairs
Cristina Fasone : cristinafasone@gmail.com
Graziella Romeo : graziella.romeo@unibocconi.it

SPEAKERS

Amaya	Ubeda de torres
Bernardo	Pulido Márquez
Davide	Zecca
Giammaria	Milani
Juan Sebastián	López Oñate
Moritz	Melhardt

Elections are a sensitive matter in any constitutional democracy. Their holding involves the expression of the people’s will and their results determine who rules the country for the years to come, provided that they are free and competitive. Traditionally, despite being at the core of democratic politics, in most constitutional systems Courts have refrained from invalidating electoral legislation or, at least, have adopted a cautious approach. The same applies to the power to invalidate elections, where conferred to Courts. Over the last few years, however, forms of judicial activism have emerged in this domain as well, potentially triggering forms of political backlash against courts. This new judicial attitude and the political reactions raise questions regarding the protection ensured to the Rule of Law and fundamental rights, notably political rights.

The workshop engages with the reasons for these ongoing trends—ranging from the fragmentation of present societies, the weakness of political parties, the mutual distrust between judicial and representative institutions, processes of supranational integration and the growing number of courts, disinformation, the role of digital platforms and AI, and threats of foreign interference with domestic elections—and with the problems they entail for the proper functioning of constitutional systems on a domestic and global level.

The workshop, organised in connection with the activity of the IACL Research Group on Judicial Review and Electoral Law, invites submissions addressing, but not limited to, the following issues analysed through historical, philosophical, doctrinal, empirical, or comparative approaches:

• The nature of the constitutional system and the powers of courts in electoral matters.
• The quality and fairness of electoral procedures and the legitimacy of courts.
• Judicial interpretation and techniques when dealing with elections.
• Courts intervening in electoral formulas and the design of constituencies.