Research Plan

Introduction

Chapter 1: Nature of Elections and Their Conditions

Section 1: Definition of Elections

Section 2: Importance of Elections

Section 3: Conditions Necessary for Electoral Participation

Chapter 2: Methods of Elections

Section 1: Direct and Indirect Elections

Section 2: Individual and List-based Elections

Section 3: Open and Secret Balloting

Chapter 3: Electoral Systems

Section 1: Majority System

Section 2: Proportional Representation System

Section 3: Seat Allocation Methods

Chapter 4: Levels of Elections and Safeguards for Their Integrity

Section 1: National Level Elections

Section 2: Local Level Elections

Section 3: Safeguards for Democratic Election Integrity

Conclusion
Introduction:

In today's era, elections are of utmost importance in shaping the trajectory of

nations and determining the future of their peoples. They are not merely a
process of transferring power from one hand to another, but rather an
opportunity for citizens to express their opinions and choose representatives who
will lead them in the coming period. However, this process, which should be
democratic, faces significant challenges that affect its transparency and integrity.

Elections are a crucial stage in the life of political systems, as they reflect the
will of the people and determine their destiny. Through voting, citizens can
express their choices and preferences, participating in shaping the policies and
programs implemented by governments. Consequently, elections play a vital
role in promoting transparency, accountability, and the principles of democratic
governance.

In this context, we question: What is the legal framework for elections?

Chapter 1: Nature of Elections and Their Conditions

Section 1: Definition of Elections1

Language: "Elect" and "election" are derived from the concept of choice,
implying the selection of a representative for governance or decision-making in
a council or association.

Terminology: Conceptually, elections are closely linked with citizenship. The

term "election" refers to the free choice of an individual or group to undertake
the responsibilities of state governance and its institutions, thereby assuming the
responsibility of selecting a leader. Elections are divided into two main
categories:

1. Political Elections: Involves choosing the executive authority (e.g., president)

or legislative authority (e.g., parliament).

2. Administrative Elections: Pertains to municipal and district elections.

According to Maurice Duverger, "Election is the cornerstone of the democratic

system, a method for appointing rulers, whereas heredity, appointment, or
seizure are autocratic methods."

Section 2: Importance of Elections2

The concept of elections has evolved over time, particularly in ancient

civilizations such as ancient Greece, where elections were associated with the
idea of representative government. Modern elections are closely linked with the
concept of representative governance. The practice of elections began in the

1
Saad Al-Sharqawi, Constitutional Law and the Evolution of the Egyptian Political System,
Dar Al-Nahda Al-Arabiya, Cairo, 2012, p. 155

2
Mohammed Akli Qazou, Lessons in Constitutional Jurisprudence and Political Systems, Dar
Al-Khaldoonia, Algeria, 2006, p. 110
19th century in countries like Britain, France, and the United States, albeit in a
limited manner. Over time, with societal development, elections have evolved
into complex systems governed by interconnected laws and regulations.

The importance of elections lies in several factors:

1. Legitimacy: Elections grant legitimacy to elected bodies to exercise power

and enact regulations necessary for organizing societal life.

2. Participation: Elections provide opportunities for a larger portion of citizens

to engage in political power.

3. Freedom of Choice: Elections allow citizens to choose individuals suitable for

managing public affairs.

4. Oversight and Monitoring: Citizens can monitor and oversee the elected
bodies they have chosen.
Section 3: Conditions Necessary for Electoral Participation3

All electoral laws require certain conditions regarding electoral participation,

summarized as follows:

- Citizenship Requirement: Citizenship distinguishes individuals in terms of

political rights.

- Gender Requirement: Historically, women were excluded from voting rights

even in advanced countries, with only men initially allowed to vote. The first
country to grant women suffrage was New Zealand in 1892, followed by the
United States in 1920.

- Age Requirement: All electoral laws worldwide stipulate a minimum age for
citizens to become eligible voters, ranging from 18 to 25 years old.

- Right to Enjoy Civil and Political Rights: Some states may deny certain
individuals the right to vote, including children, individuals with mental
illnesses, those convicted of dishonorable crimes, and members of the military
in some countries like the French Third Republic.

3
Taema Al-Jarf, Constitutional Law, Modern Renaissance Library, Cairo, 1964, p. 143
Chapter 2: Methods of Elections

Section 1: Direct and Indirect Elections4

Direct elections involve voters directly choosing their representatives, whereas

indirect elections involve voters selecting delegates who then choose
representatives on their behalf. The former method operates on a single degree,
while the latter operates on two degrees. The direct election method is
considered ideal as it enables voters to choose their representatives without
intermediaries. Due to the drawbacks of indirect elections, it is mostly excluded
from practice, except in countries with bicameral legislatures, where the first
chamber is often elected directly while the second chamber may be elected
indirectly.

Section 2: Individual and List-based Elections5

Individual elections occur in constituencies where each representative is elected

individually, often with voters casting a single vote for one person. This method
is characterized by its simplicity but may be susceptible to favoritism and
bribery, as well as administrative interference due to the small size of the
constituency.

List-based elections, on the other hand, divide the state into larger electoral
districts represented by multiple deputies. Voters choose between the lists or
electoral slates, which may vary depending on the electoral system.

4
Ibrahim Drouiche, Constitutional Law, Dar Al-Nahda Al-Arabiya, Cairo, 1996, p. 105

5
Mohamed Fouad Al-Nadi, Concise Guide to Political and Constitutional Systems, Publisher
Not Mentioned, 2001, p. 73
Section 3: Open and Secret Balloting6

Historically, open balloting was preferred as it was believed to foster citizen

courage and civic sense. However, its shortcomings became evident as it
allowed authorities and influential individuals to retaliate against dissenters.
This led to the adoption of secret voting, which shields citizens from various
forms of pressure.

6
Saeed Boualcheir, Constitutional Law and Political Systems, Part One, Diwan Al-Matbuat
Al-Jamiya, Algeria, 2000, p. 98
Chapter 3: Electoral Systems

Section 1: Majority System7

This system is suitable for both individual and list-based elections. It allows
candidates or parties, if the constituency is represented by more than one, to win
seats if they obtain more than half of the absolute votes cast. If no candidate
receives more than half of the votes, the elections are repeated according to the
prevailing electoral system. In such cases, either a runoff election is held
between the top two candidates or the elections are rerun without adhering to the
principle of an absolute majority, with a simple majority sufficing.

Section 2: Proportional Representation System8

This system aligns with list-based elections, where parliamentary seats are
distributed in districts according to the number of voters. It also aligns with the
principle of representing political minorities. For example, if a district has 10
seats and is contested by 4 parties, and the results yield 60% for Party A, 20%
for Party B, 10% for Party C, and 10% for Party D, the distribution of seats
would be as follows: Party A wins 6 seats, Party B wins 2 seats, and Parties C
and D each win 1 seat. In contrast, under a majority system, Party A would win
all the seats in the district, denying the other parties, which collectively garnered
40% of the votes, representation.

The proportional representation system may employ closed lists, where voters
are bound to vote for a single list without modification, or open lists, where
voters are free to choose candidates from different lists of several parties.

7
Ibrahim Abdel Aziz Sheeha, Political Systems and Constitutional Law, Manshurat Al-
Ma'arif, Alexandria, 2000, p. 207.

8
Mohammed Akli Qazou: Ibid, p. 119
Section 3: Seat Allocation Methods9

Let's assume there are elections among three parties competing for 5 seats, and
the number of votes cast in these elections is 125,000. To calculate the electoral
quotient, we divide the total number of votes by the number of seats obtained,
which equals 25,000. This means that every 5 votes worth 25,000 will result in
one seat. Now, let's assume:

- Party 1 receives 60,000 votes, securing 2 seats, with the remainder being 1,000
votes.

- Party 2 receives 49,000 votes, securing 1 seat, with the remainder being 21,000
votes.

- Party 3 receives 19,000 votes, securing 0 seats, with the remainder being
19,000 votes.

The total seats obtained are 3 out of 5. Hence, we need to allocate the remaining
seats as follows:

The Largest Remainder or Electoral Quotient:

We calculate based on the largest remainder from the party closest to the
electoral quotient, which is Party 2 with 21,000 votes/1 seat. So, Party 2 wins
another seat.

Party 1 has 1,000 votes/2 seats, so it wins 0 seats.

Party 3 has 19,000 votes/0 seats, so it wins 1 seat.

Thus, the total seats now equal 5 seats.

9
Saad Al-Sharqawi, Political Systems in the Contemporary World, Dar Al-Nahda Al-Arabiya,
Cairo, 2008, p. 97.
This is a brief explanation of how seats are distributed based on the number of
votes.
Chapter 4: Levels of Election and Ensuring their Integrity

Section 1: National Level elections 10

The purpose of elections at this level is to choose bodies with a general

representative character for the entire state, such as electing the head of state or
members of parliament. Parliamentary elections may be conducted based on
majority or proportional representation. Elections may also be held on a general
basis, by districts, or through electoral lists or individual competition.

Section 2: Local Level election 11

At this level, authorities and powers are elected at the local level within a single
state. Typically, the division is based on specific geographical areas, such as
electing local councils to manage various residential communities (cities,
villages, etc.). This process aims to elect authorities with specific jurisdiction
related to the location itself, often involving entities to administer the affairs and
interests of citizens in these communities, such as electing municipal or village
councils.

Section 3: Safeguards for Democratic Election Integrity12

The principle of electoral integrity is one of the most important principles that
constitutions and parties strive to protect due to its implications for the practice
of democracy, ensuring that elections are democratic. To achieve its goal,
several essential conditions must be met, including:

1. Secrecy of the vote.

10
Mohammed Akli Qazou, Ibid, p. 133

11
Fatima Al-Zahra Gharibi, Principles of Constitutional Law and Political Systems, Dar Al-
Dhahah for Publishing and Distribution, Djelfa, Algeria, 2015, p. 52.

12
Saeed Boualcheir, p. 110.
2. Regularity, meaning that elections are held at appropriate intervals.

3. Universality, meaning they are available to all who meet the election criteria.

4. Competitiveness, ensuring candidates have the right to freely express their

views without restrictions or discrimination.

5. Prevention of pressure on voters and candidates.

6. Prevention of vote tampering and falsification of results.

Conclusion:

In conclusion, the electoral process is essential for the functioning of democratic

societies, providing citizens with a mechanism through which they can
participate in choosing their representatives and leaders. Throughout this
research, we have addressed various aspects of elections, including their nature,
methods, systems, and levels, in addition to emphasizing the importance of
ensuring their integrity.

In summary, elections are the cornerstone of democracy, providing citizens with

a voice in governance and ensuring accountability and representation. By
understanding the complexities of electoral systems and processes, we can work
towards enhancing democratic institutions and promoting civic participation and
engagement.
References:

Saad Al-Sharqawi, Constitutional Law and the Evolution of the Egyptian

Political System, Dar Al-Nahda Al-Arabiya, Cairo, 2012, p. 155

Mohammed Akli Qazou, Lessons in Constitutional Jurisprudence and Political

Systems, Dar Al-Khaldoonia, Algeria, 2006, p. 110

Taema Al-Jarf, Constitutional Law, Modern Renaissance Library, Cairo, 1964,

p. 143

Ibrahim Drouiche, Constitutional Law, Dar Al-Nahda Al-Arabiya, Cairo, 1996,

p. 105

Mohamed Fouad Al-Nadi, Concise Guide to Political and Constitutional

Systems, Publisher Not Mentioned, 2001, p. 73

Saeed Boualcheir, Constitutional Law and Political Systems, Part One, Diwan
Al-Matbuat Al-Jamiya, Algeria, 2000, p. 98

Ibrahim Abdel Aziz Sheeha, Political Systems and Constitutional Law,

Manshurat Al-Ma'arif, Alexandria, 2000, p. 207.

Saad Al-Sharqawi, Political Systems in the Contemporary World, Dar Al-Nahda

Al-Arabiya, Cairo, 2008, p. 97.

Fatima Al-Zahra Gharibi, Principles of Constitutional Law and Political

Systems, Dar Al-Dhahah for Publishing and Distribution, Djelfa, Algeria, 2015,
p. 52.