Electoral Offenses in The Common Law System

Vladimir Mulaj
Abstract:
Electoral behavior is a new element in the political analysis of democracy in Albania. Distinctive features of the Albanian transition distinguish other models of the former communist countries, as well as significantly differ with Western models and electoral behavior analysis of the relations between political actors and citizens voting. Penal Code of the Republic of Albania remains the basis of criminal law to sanction criminal acts in the election. The object of criminal misconduct are directly related to the normal criminal and legal protection and free elections as well as the Albanian Constitution provides all these obstacles to electoral subjects committed by force or by any other means which directly affect the normal performance electoral system. Barriers can be done with physical or psychological, and consists in blocking commissioners election materials, election materials decay affecting decay electoral system unfairly supported a particular political party or a coalition of political parties that present list candidacy according to the rules defined in the electoral code. Albanian Constitution as the fundamental law of the Albanian state provides for the rightness of the equality of the vote for all Albanian citizens The vote is the democratic way that every citizen expressing the opinion and its political will but to have democratic value ratings should be personal equal, free and secret. The right to vote is a political right provided by the Albanian Constitution and the Universal Declaration of Human Rights and as such is closely linked to democracy, the sovereignty of the people and citizens. Total vote, or the right to get to the polls all Albanian citizens, men and women, and in fact is the greatest achievement of the twentieth century. According to the Electoral Code of the Republic of Albania every citizen exercises his right to vote at his polling station, where placed under citizen’s location criteria. Voting centers organized in such a way as to facilitate the voting process and ensure the secrecy of the vote. Democracy lives by opinions competition. In all areas of society, in the family and at school, association and enterprise, democracy needs a social climate which stimulate open discussion on the differences of opinion.

Keywords:
electoral, offenses, common law, system, Albania

Full text available in PDF: Academicus-MMXIII-8-189-200.pdf

Digital Object Identifier (DOI): http://dx.medra.org/10.7336/academicus.2013.08.12

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