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Asunción de la Iglesia Chamarro, Professor at Constitutional Law, University of Navarra

On the need to reform the electoral system

Tue, 22 Nov 2011 12:01:56 +0000 Published in La Razón

The discussion on the model of lists and the arithmetical injustice that especially affects some formations is repeated coinciding with each election, but more so when it comes to determine the composition of the congress of the Deputies. The most visible disturbances and defects are the limitation of the voter's choice School to closed and blocked lists and the mechanical dysfunctions of the Spanish electoral system. This, as is well known, favors the over-representation of the majority political forces -at national level and in the respective territories- and the under-representation of the minority forces of national implantation.

First of all, discussion does not detract one iota of legitimacy from the result coming out of the ballot box. The high political participation is a guarantee and the millions of votes of those who receive the confidence to form a Government does not admit the slightest doubt. But this is not incompatible with defending a perfect revision of the electoral system to improve the quality of our democracy and make it stronger.

The electoral system is a central element of the democratic system -not the only one- but it is the one that translates votes into seats and, therefore, on it depends to a large extent how the balance of power in Parliament is determined. Depending on how its elements are fixed (constituency, size of the same, issue minimum allocation, scrutiny formula, electoral barrier, model of candidacies, etc...) the strength of the parties will be greater or lesser. The electoral system is thus the key to access to power. This explains its natural rigidity or resistance to change: those who normally have the parliamentary strength to change it have no interest and those who have interest, because they suffer injustice, do not have the capacity to carry out the reform.

After more than 30 years, that electoral system that started with a pre-constitutional footing in 1977 and was later included in the Constitution of 1978 and developed with the electoral law of 1985, has been a useful instrument and many of its elements can be preserved, but others must be revised.

As a starting point, it is necessary to refer to report of committee of State of 2009 that contemplates different possibilities of reform of the 1985 law in several of the elements of the electoral system to improve proportionality and reduce the "penalties" to the minority parties of national implantation. It also leans towards the replacement of the model of closed and blocked lists by another of preferential voting.

In any case, any revision of the electoral system must start from its double purpose: to transfer as faithfully as possible the preferences of the voters -favoring the equal value of the vote and the greater participation of the will of the voter- and to favor the conditions of governability by means of the training of stable parliamentary majorities.