La inconsistencia del fundamento constitucional de la eliminación de la posibilidad de restricción judicial del sufragio por causa de discapacidad mental

The inconsistency of the constitutional foundation of the elimination of the possibility of judicial restriction of the suffrage by cause of mental disability

Authors

  • Luis A. Gálvez Muñoz Universidad de Murcia

DOI:

https://doi.org/10.18042/cepc/redc.121.02

Abstract

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.

Published

2021-04-28

Issue

Section

STUDIES