La reforma del sistema electoral en el marco de la crisis política al comienzo del siglo XXI

Abstract

This thesis starts from the political crisis that affects specially in Spain. The political crisis has greatly increased by the economic crisis of 2008 and by the deficiencies of the social and democratic State, subject to the rule of law. Facing the crisis of the political system –where it is worse in the representative areas–, arises the necessity to carry out some political and constitutional reforms. Within them are special relevant reforms of the Spanish electoral system, this is particularly important because it is the link between the people and the State, that is to say a key element of the political system; it allows the legitimacy of the political system. Precisely the aim of this thesis is to contribute to the analysis of the electoral system regulation and which aspects would have to be reformed so it can overcome the defects of the electoral system. The Constitution in its Article 68 establishes that the Congress has a maximum limit to the number of Deputies; it consists of four hundred and that the electoral district is the province. As it recognizes both aspects it means that the district isńt enough to guarantee constitutional concepts related to the vote: constitutional principles, Fundamental Rights and Public Liberties, highest values of its legal order. So we conclude that it is necessary to reform the Constitution. This reform has to be considered as a constitutional normality, because it means to use the tools that the Constitution gives us. In this regard, the countries more related to Spain have reformed the Constitution every time they need, in other words, many times. We study International and comparative Law (for the low chambers or unique chambers), where there are grounds for democratic constitutionalism. So they establish strict limits to the inequality of the vote value then it is much more reduced than the limits in our Law that leads to important differences in the value of citizens‘ votes depending on the party voted for and the circumscription to which the voter is assigned, that is against the International Law and the comparative law, both compel to establish the equality of the votes...