Article 7418

Title of the article

THE SYSTEM OF SOURCES OF LEGAL REGULATION OF ELECTORAL RELATIONS IN THE USA 

Authors

Nikolaev Boris Viktorovich, Candidate of historical sciences, associate professor, sub-department of criminal law, Penza State University (40 Krasnaya street, Penza, Russia), E-mail: nikolboris@yandex.ru 

Index UDK

342.84(73) 

DOI

10.21685/2072-3016-2018-4-7 

Abstract

Background. Elections are the most important institution of democracy, therefore the construction of an effective and scientifically based system of sources of legal regulation of elections in a federal state, the study of foreign experience in this field seems relevant and scientifically meaningful. The problem of transparency of the electoral process, as a key element of democracy, occupies one of the central places in relations connected with the conduct of elections. To date, the institution of observers remains the most important tool of transparency. The purpose of the study is a comprehensive analysis of the system of legal regulation of electoral relations in the United States.
Materials and methods. The content and significance of the system of legal regulation of elections of such sources as the US Constitution, federal laws, executive orders of the US President, judicial precedents of the US Supreme Court, state constitutions and state legislation are analyzed. The methodological potential includes methods of comparative legal and historical and legal analysis aimed at analyzing the peculiarities of regulating electoral relations in the USA.
Results. The modern model of interaction between the federal and regional levels of legal regulation of elections in the United States has been studied, the main trends in changes in the legal regulation system have been analyzed, both in terms of its structure and content.
Conclusions. In the USA, a complex dynamic, largely contradictory system of sources of legal regulation of electoral relations has been created. On the one hand, in recent decades there has been a tendency to strengthen the federal legal regulation in this area, on the other hand, the conservative majority of the US Supreme Court and the new administration of D. Trump significantly limit this trend. Federal legislation is based on the provisions of the US Constitution, but is largely limited to the practice of the US Supreme Court. In general, we can talk about the concentration of federal legislation on the issues of ensuring the electoral rights of citizens and determining the system of elections to federal authorities. On the contrary, state law is characterized by greater systemicity and detailedness, is presented in the provisions of constitutions and electoral codes and is applicable not only to regional and local elections, but also to the electoral process at the federal level. 

Key words

sources, electoral law, constitutional law of the USA, equality, federalism 

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References

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Дата создания: 13.06.2019 13:41
Дата обновления: 14.06.2019 10:55