La inconsistencia del fundamento constitucional de la eliminación de la posibilidad de restricción judicial del sufragio por causa de discapacidad mental
The elimination of the possibility of restricting the exercise of the right of suffrage to people sometimes a process of capacity modification or authorization of psychiatric internment that has been carried out by the law of reform of the general electoral regime of December 2018 (Organic Law 2 / 2...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7890579 |
| Source: | Revista española de derecho constitucional, ISSN 0211-5743, Año nº 41, Nº 121, 2021, pags. 45-72 |
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| Summary: |
The elimination of the possibility of restricting the exercise of the right of suffrage to people sometimes a process of capacity modification or authorization of psychiatric internment that has been carried out by the law of reform of the general electoral regime of December 2018 (Organic Law 2 / 2018, of December 5, of reform of the Organic Law 5/1985, of June 19) is based on a concrete constitutional foundation that, a trial of the author, lacks legal consistency. This article is dedicated to explaining this, in which the arguments put forward in violation of the fundamental principles of universal suffrage, equality before the law and non-discrimination and protection of persons with disabilities are taken apart step by step, stating their precise meaning and why Not engaged in the case. |
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