Deliberation and Electoral Law

Abstract

Abstract

Electoral systems inevitably help form the landscape of political deliberation. This article examines the election-deliberation relationship by considering both the nature of elections and key elements in their regulation. It argues that the open-textured nature of elections challenges the possibility of structured deliberation, but that the franchise and periodicity of elections set up the basis for ongoing, citizen-centered discourse. The article then surveys Anglo-American democracies to consider the deliberative impacts of different regulatory approaches. It concludes that although deliberative concerns have been sublimated compared to the late 19th century model of electoral law, deliberative values are a necessary adjunct to the liberal-rights and realist approaches to electoral design.