The requirements for eligibility do not always coincide with the requirements to vote. Although the right to passive suffrage has historically evolved along the same lines of universalisation as the right to vote (or the right
to active suffrage), some differences subsist that make it somewhat more restrictive. Consequently, the voters do not always identify with those who are eligible to run for office.
Nor do those who may aspire to be eligible necessarily coincide with those who do in fact stand as candidates. To put forward a candidacy, passive electoral capacity is one of the requirements, but not the only one.
At the outset, it can be said that the democratic principle demands that the requirements for eligibility be the same as for a voter: citizenship, being of age and the full possession of civil and political rights. So any further demand must specifically be envisaged in the constitution or in the law and be sufficiently justified in the execution of constitutional values to explain such limitation of fundamental rights to specific categories of
citizens.
In spite of this, it is evident that the majority of systems demand certain
requirements or establish some limitations. This difference can be owing to various reasons:
- guarantee neutrality in the electoral process of persons who hold representative positions (the king, those who already hold certain public posts, judges, active military officers, and others.)
- demand certain special requirements that aim to guarantee
maturity (through a higher age than the age required to vote)
- aim to ensure that the person legitimately belongs to the community--completed their military service or possess the nationality of origin
- exclude anyone convicted for serious or specific offences for similar reasons
- protect the interests of the community, by disqualifying anyone who, if elected, could be faced with conflicts of interest due to their economic relations with public entities
- exclude with roots in the political or social history of each country, such as the exclusion of ministers of particular influential religions in certain countries
The following sections examine the requisites for eligibility (see
Minority Provisions,
Special Mechanisms for Women and
Party and Candidate Registration).
