Fair Measure of the Right to Vote: A Comparative Perspective on Voting Rights Enforcement in a Maturing Democracy

Authors

• Janai S. Nelson, St. John's University School of Law

Abstract

The article examines the underenforcement of the right to vote in Ghana, focusing on the exclusion of incarcerated citizens (GICs) despite the 1992 Constitution granting universal adult suffrage. It argues that underenforcement stems from legislative, administrative, and judicial failures, undermining democratic principles. The Ghanaian Supreme Court's decision in OcanseyCHURCIL ruled that denying GICs the right to vote was unconstitutional, aligning with a broader interpretation of voting rights as fundamental. The article emphasizes the importance of explicit constitutional provisions and active enforcement by all government branches to sustain democracy, particularly in emerging democracies.

Disciplines

Constitutional Law | Election Law | Judges | Law | Law and Politics | Second Amendment

Recommended Citation

Janai S. Nelson, Fair Measure of the Right to Vote: A Comparative Perspective on Voting Rights Enforcement in a Maturing Democracy, 18 Cardozo J. Int'l & Comp. L. 425 (2010).
Available at: https://larc.cardozo.yu.edu/cjicl/vol18/iss2/5