Participation in electoral processes is a constitutional right, in its dual dimension of active suffrage (the possibility to vote) and passive suffrage (the possibility to be elected). The deprival of the right to vote must observe certain conditions in democratic regulations:
- must scrupulously observe the principle of authenticity--it can only be owing to a cause which is pre-established in legal regulations;
- insofar as the legal regulations limit basic rights, they must be interpreted by all legal professionals in the strictest way, limiting their scope to the cases that have been explicitly pinpointed, without there being room for any analogical amplification to situations that are not expressly envisaged;
- even within the cases clearly predetermined by the law, the principle applied upon interpreting them must be in accordance with the constitution (or most favourable regulations for the basic right to be fully enforced), in the sense that preference must always be given to a factual interpretation that favours the full participation of citizens, rather than an interpretation that might impede it;
- must furthermore be of non-discriminatory application, so that in the face of similar situations, the reasons for exclusion will be applied equally, without any distinction whatsoever regarding the subject;
- must answer to the achievement of a more free and democratic electoral process, i.e., exclusion from the right to active and passive suffrage in democratic regulations can only be understood from the objective that deprival of any right of specific citizens will be in pursuit of an enhanced practice by the larger society of citizens;
- must be an independent control over these decisions, i.e., depending on the system, either the electoral authority or the judiciary will be in charge of this.
Under the conditions cited, it is admissible for democratic systems to exclude some of their citizens from active and passive suffrage. In section
Voters' Qualifications the various causes that may determine the deprival of active and passive suffrage, have been set out in great detail, so it is not necessary to repeat them here.
However, it does seem appropriate to clarify these causes by focusing on their purpose, and from this point of view, the following can be distinguished:
