Određivanje granica izbornih jedinica i njihov uticaj na izborni rezultat
Determining the boundaries of the constituencies and their influence on electoral results

Author(s): Nataša Rajić
Subject(s): Politics, Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Electoral systems
Published by: Fondacija Centar za javno pravo
Keywords: Public law; electoral system; constituencies; boundaries; Republic of Serbia; election results; influence; constitution; legal framework;
Summary/Abstract: Determination of the constituencies is one of the constitutive elements of the electoral system. Choice of constituencies combined with other elements of the electoral system (type of the electoral system, type of the nomination, etc.) can directly affect the final outcome of the election. Analysis of the constituencies is inseparable from the general concept of the electoral system, so that question is discussed in relation with the other constitutive elements of the electoral system as well as the boarder constitutional framework. In this sense, the paper opened the question is it possible to create an electoral system (with special reference to the constituencies) which could be able to provide the lowest level of abusing electoral rules in order to affect the final election results, within the existing constitutional framework of the Republic of Serbia. Consequently, the paper opened the question of adequacy of the exiting constitutional framework for creating appropriate law on election. The paper concludes that the choice of the election system (including the type of constituencies) which could provide legitimacy to the authorities to the fullest extent, involves a serious intervention into the text of the Constitution of the Republic of Serbia in order to make consistent constitutional framework. That measure is necessary for providing good basis for further legislative activity as well as for the Constitutional Court’s activity in area of normative control of such a law.

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