This collection of original essays by leading scholars and advocates offers the first international examination of the nature, causes, and effects of laws regulating voting by people with criminal convictions. In deciding whether prisoners shall retain the right to vote, a country faces vital questions about democratic self-definition and constitutional values and, increasingly, about the scope of judicial power. Yet in the rich and growing literature on comparative constitutionalism, relatively little attention has been paid to voting rights and election law. Democracy and Punishment begins to fill that gap, showing how constitutional courts in Israel, Canada, South Africa, and Australia, as well as the European Court of Human Rights, have grappled with these policies in the last decade, often citing one another along the way. Chapters analyze partisan politics, political theory, prison administration, and social values, showing that constitutional law is the fruit of political and historical contingency, not just constitutional texts and formal legal doctrine."

This collection of original essays by leading scholars and advocates offers the first international examination of the nature, causes, and effects of laws regulating voting by people with criminal convictions. In deciding whether prisoners shall retain the right to vote, a country faces vital questions about democratic self-definition and constitutional values and, increasingly, about the scope of judicial power. Yet in the rich and growing literature on comparative constitutionalism, relatively little attention has been paid to voting rights and election law. Democracy and Punishment begins to fill that gap, showing how constitutional courts in Israel, Canada, South Africa, and Australia, as well as the European Court of Human Rights, have grappled with these policies in the last decade, often citing one another along the way. Chapters analyze partisan politics, political theory, prison administration, and social values, showing that constitutional law is the fruit of political and historical contingency, not just constitutional texts and formal legal doctrine.

To a degree unique among democracies, the United States has always placed responsibility for running national elections in the hands of county, city, and town officials. "The Way We Vote" explores the causes and consequences of America's localized voting system, explaining its historical development and its impact on American popular sovereignty and democratic equality.

The book shows that local electoral variation has endured through dramatic changes in American political and constitutional structure, and that such variation is the product of a clear, repeated developmental pattern, not simple neglect or public ignorance. Legal materials, statutes and Congressional debates, state constitutional-convention proceedings, and the records of contested Congressional elections illuminate a long record of federal and state intervention in American electoral mechanics. Lawmakers have always understood that a certain level of disorder characterizes U.S. national elections, and have responded by exercising their authority over suffrage practices--but only in limited ways, effectively helping to construct our triply-governed electoral system.

To a degree unique among democracies, the United States has always placed responsibility for running national elections in the hands of county, city, and town officials. "The Way We Vote" explores the causes and consequences of America's localized voting system, explaining its historical development and its impact on American popular sovereignty and democratic equality.

The book shows that local electoral variation has endured through dramatic changes in American political and constitutional structure, and that such variation is the product of a clear, repeated developmental pattern, not simple neglect or public ignorance. Legal materials, statutes and Congressional debates, state constitutional-convention proceedings, and the records of contested Congressional elections illuminate a long record of federal and state intervention in American electoral mechanics. Lawmakers have always understood that a certain level of disorder characterizes U.S. national elections, and have responded by exercising their authority over suffrage practices--but only in limited ways, effectively helping to construct our triply-governed electoral system.