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Majority-Preferential Two-Round Electoral Formula: A Balanced Value-Driven Model for Canada

dc.contributor.authorEsmaeilpour Fadakar, Shahin
dc.contributor.supervisorPelletier, Benoît
dc.date.accessioned2014-05-06T20:58:17Z
dc.date.available2014-05-06T20:58:17Z
dc.date.created2014
dc.date.issued2014
dc.degree.disciplineDroit / Law
dc.degree.leveldoctorate
dc.degree.namePhD
dc.description.abstractThis research is an enquiry to find an electoral formula that conforms to Canadian constitutional values. Three core values that are pertinent to the issue of electoral systems are identified: democracy, diversity, and efficiency. Each of these core values is divided into different aspects. These aspects will form the backbone of the evaluation of different electoral systems in this work. I will begin with an evaluation of the plurality model of elections, which is currently used in Canada. I will demonstrate that many of the attributes of the current system are not in tune with Canadian constitutional values, in particular with the progressive interpretation that the Supreme Court of Canada has given to the right to vote as enshrined in Section 3 of the Canadian Charter of Rights and Freedoms. Although the interpretation of the right to vote will be the main thrust of the constitutional scrutiny in this work, attention will also be given to other pertinent rights such as equality rights, minority rights, and the freedom of expression. Next, I will examine provincial electoral reform initiatives that were initiated in five Canadian provinces. All of these initiatives - three of which were put to referenda and eventually defeated - proposed adopting a variant of proportional representation. Accordingly, I will evaluate proportional systems according to the intended values. I will conclude that these systems have problems of their own and they also cannot strike a fine balance between competing values. In the final stage, I will make a new proposal for elections to the Canadian Parliament. First, I will demonstrate that majority systems are better candidates to attain the envisioned values. Then I will introduce a new variant of the majority model, which I call a majority-preferential two-round variant. I will demonstrate that this new variant will outperform the other variants in the attainment of values if adopted for elections to the House of Commons. Finally, I will argue that the combination of a House of Commons elected through the majority-preferential formula and a proportionally elected Senate will result in a more balanced approach to the relevant constitutional values.
dc.embargo.termsimmediate
dc.identifier.urihttp://hdl.handle.net/10393/31025
dc.identifier.urihttp://dx.doi.org/10.20381/ruor-3705
dc.language.isoen
dc.publisherUniversité d'Ottawa / University of Ottawa
dc.subjectElectoral Systems
dc.subjectElectoral Reform
dc.subjectElectoral Law
dc.subjectElections
dc.subjectConstitutional Law
dc.subjectConstitutional Law of Canada
dc.subjectComparative Law
dc.subjectComparative Politics
dc.subjectDemocracy
dc.subjectDiversity
dc.subjectEfficiency
dc.subjectEquality
dc.subjectMulticulturalism
dc.subjectFundamental Rights
dc.subjectRights
dc.subjectAccountability
dc.subjectGeographical Diversity
dc.subjectPolitical Diversity
dc.subjectSocial Diversity
dc.subjectModeration
dc.subjectStability
dc.subjectStrategic Voting
dc.subjectTurnout
dc.subjectHouse of Commons
dc.subjectSenate
dc.subjectThe Right to Vote
dc.subjectThe Canadian Charter of Rights and Freedoms
dc.subjectProportional Representation
dc.subjectPreferential Voting
dc.subjectPreferential Ballot
dc.subjectPolitical Parties
dc.subjectPolitical Expression
dc.subjectPlurality
dc.subjectMajority
dc.subjectMajoritarianism
dc.subjectJudicial Review
dc.titleMajority-Preferential Two-Round Electoral Formula: A Balanced Value-Driven Model for Canada
dc.typeThesis
thesis.degree.disciplineDroit / Law
thesis.degree.levelDoctoral
thesis.degree.namePhD

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