A research about the right to vote in the Italian system must necessarily focus on the profile of its exercise’s effectiveness. Starting from a historical-legal reconstruction aimed at clarifying the presence of the so-called "negative requirements"; in the fourth paragraph of Article 48 of the Constitution, the paper proposes to analyse their compatibility with the principle of popular sovereignty, with the principle of equality and the resocialisation of the convicted person. In particular, universal suffrage seems to be called into question in the context of criminal execution, where the additional penalty of disqualification from public office and the fulfilments required by municipal and penitentiary bureaucratic process produce forms of abstentionism among prisoners.
Quale suffragio universale? L’inevitabile “sommersione” del diritto all’elettorato attivo alla luce del contesto penitenziario italiano
Lorenzo Sottile
2023-01-01
Abstract
A research about the right to vote in the Italian system must necessarily focus on the profile of its exercise’s effectiveness. Starting from a historical-legal reconstruction aimed at clarifying the presence of the so-called "negative requirements"; in the fourth paragraph of Article 48 of the Constitution, the paper proposes to analyse their compatibility with the principle of popular sovereignty, with the principle of equality and the resocialisation of the convicted person. In particular, universal suffrage seems to be called into question in the context of criminal execution, where the additional penalty of disqualification from public office and the fulfilments required by municipal and penitentiary bureaucratic process produce forms of abstentionism among prisoners.
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