The exercise of the right to vote: a ‘civic duty’ in what way?

Author/s Lara Trucco
Publishing Year 2019 Issue 2019/2
Language Italian Pages 20 P. 37-56 File size 206 KB
DOI 10.3280/DC2019-002003
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After some introductory remarks on the duty to vote, the Author focuses on its mandatory nature, according to a ‘functionalist’ or ‘personalist’ conception. Another examined topic is the debate that took place in the Italian Constituent Assembly, which led to affirm the ‘civic duty’ to vote in the Constitution as well as some critical issues in matter, especially found by the institutionalist theories about the utilisation of the ‘duty’ and ‘obligation’ formulas in public law. In the final paragraphs, an analysis of constitutional jurisprudence is provided, which shows the pre-eminence gradually acquired by the conception of the vote as ‘right’, vis-à-vis the weakening of its consideration as a ‘duty’.

Keywords: Civic duty to vote; compulsory voting; electoral democracy; exercise of voting rights; freedom to vote; participation in the vote; voting obligation.

Lara Trucco, L’esercizio del voto: "dovere civico" in che senso? in "DIRITTO COSTITUZIONALE" 2/2019, pp 37-56, DOI: 10.3280/DC2019-002003