Comparative law shows how the
enactment of a new electoral law is derived from extreme circumstances in which
political institutions are afflicted by a serious crisis. The most frequent case
is the one in which a transition from an authoritarian regime to a more
democratic one is taking place. In such a case, the enactment of electoral laws
is necessary both to legitimize and to put the situation under control.
A distinction must be drawn between:
- The creation of electoral
laws, which means to draft completely new electoral rules for a country
that is facing a political change;
- The reform of electoral
laws, which refers to the adaptations of an electoral legislation that do
not imply a dramatic political change. The reform of electoral laws is not
as far reaching as the creation of electoral laws can be. However, it can
imply important changes to every electoral system, as long as basic
principles such as the right to vote, the right to be voted, the existence
of political parties and the thorough supervision over the elections
prevent the undertaking of a major political transformation.
The difference between the creation and the reform of electoral laws is
based on pragmatic reasons related to how each one of those processes is
undertaken.
- Electoral reforms can be
undertaken one step at a time. Political agents and electoral authorities
can be taken into account in reformative process.
- The creation of electoral
laws can be seen as the opposite. Frequently, the enactment of new electoral
laws has to be done quickly such as in urgent cases in which legitimacy has to
be fulfilled and new governments have to be on duty.
