Against a backdrop of democratic deficits highlighted by low community participation in political decision-making, information and communication technologies open up new spaces for participation and democratic life. However, constitutional problems arise with regards to the possible introduction of unsupervised electronic voting mechanisms in political elections. Indeed, despite the fact that the Constitutional Court immediately recognized the inalienability of the requirements set forth in Article 48 of the Constitution to safeguard the exercise of the right to vote, on certain occasions, our legislator has been forced to derogate from the principle of secrecy of the vote in order to guarantee participation on equal terms and the exercise of popular sovereignty. Therefore, in light of past and future experimentation operations conducted in Italy and abroad, as well as jurisprudential interpretations, the question arises as to what margin of tolerance would allow our legislature to use e-voting to foster greater democratic participation.
Voto elettronico e principio di segretezza tra regola ed eccezioni
Chiariello C
2023-01-01
Abstract
Against a backdrop of democratic deficits highlighted by low community participation in political decision-making, information and communication technologies open up new spaces for participation and democratic life. However, constitutional problems arise with regards to the possible introduction of unsupervised electronic voting mechanisms in political elections. Indeed, despite the fact that the Constitutional Court immediately recognized the inalienability of the requirements set forth in Article 48 of the Constitution to safeguard the exercise of the right to vote, on certain occasions, our legislator has been forced to derogate from the principle of secrecy of the vote in order to guarantee participation on equal terms and the exercise of popular sovereignty. Therefore, in light of past and future experimentation operations conducted in Italy and abroad, as well as jurisprudential interpretations, the question arises as to what margin of tolerance would allow our legislature to use e-voting to foster greater democratic participation.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.