E-VOTING - TROJAN HORSE OR DEUS EX MACHINA IN CONTEMPORARY DEMOCRACIES? Cover Image

ELEKTRONSKO GLASANJE – TROJANSKI KONJ ILI DEUS EX MACHINA U SAVREMENIM DEMOKRATIJAMA?
E-VOTING - TROJAN HORSE OR DEUS EX MACHINA IN CONTEMPORARY DEMOCRACIES?

Author(s): Vasilije Marković
Subject(s): Law, Constitution, Jurisprudence
Published by: Institut za uporedno pravo
Keywords: e-democracy; i-voting; e-voting; elections; digital constitutionalism

Summary/Abstract: The notion of electronic voting means the use of technologicaland informational devices in the electoral process, either in acontrolled (DRE machines) or in an uncontrolled environment(internet voting). As such, it is an indispensable component ofthe ever-present concept of digital or electronic democracy. Thepaper, through a clear differentiation of e-government and e-democracy,points out the difference between the digitization ofpolitical elections and the digitization of other spheres of life, aswell as non-political elections (elections within companies, universities,etc.). The basis of the difference is the importance theseelections have for the establishment and legitimization of governmentand the democratic character of the political systemas whole. Furthermore, the paper analyses case law of ordinaryand constitutional courts faced with issues of IT security andequality of electronic voting. Finally, the author critically examinesthe hypothesis that electronic voting necessarily leads to ahigher turnout, thereby solving the problem of legitimation deficitin contemporary democracies. It is concluded that forms ofelectronic voting, although undoubtedly useful, treat the consequencesbut not the core issues of modern democratic orders.

  • Issue Year: 67/2023
  • Issue No: 3
  • Page Range: 427-446
  • Page Count: 20
  • Language: Serbian