Political Rights

The right to vote, the right to access to public functions, the right to good administration and the right to petition are the most significant political rights. The articles reviews how those rights are best embedded in a constitution. The right to vote is a positive right that imposes affirmative obligations, such as requiring government actors to provide adequate opportunities for eligible voters to exercise their right to vote. The right to vote is not an absolute right, but subject to limitations which are illustrated by a comparison of different national constitutions. An important manifestation of civic equality is the right of access to public functions. It allows people to participate in the conduct of public affairs in public functions. It is being discussed what guarantees are needed and how political manoeuvring and undermining can be prevented. The right to good administration is an innovative citizen’s right. Whilst good administration has always been at the core of a functioning state, the inclusion of the right to good administration in an international human rights clause was first achieved in Article 41 of the EuCHFR. Finally, the chapter examines different formulations of the right to petition, a fundamental right in many democratic systems that enables the public to raise issues of concern. The need to identify and protect the petitioner and the requirements for a timely and meaningful response are discussed.