Presumptive inclusion

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Presumptive inclusion is the idea that something should first be presumed to be included, and only omitted after the fact if justified. It has common uses in democracy and medicine.

Contents

Democratic usage

Democratic theorists, especially those hoping to achieve something closer to universal suffrage, often support some form of presumptive inclusion, where the legal system would protect the voting rights of all subjects by default unless the government can clearly prove that disenfranchisement of a particular group or person is necessary. [1] [2] One example where the term has gotten some usage is in the arguments in favor of children and youth suffrage, where Eric Wiland argues, "Children should have the right to vote unless there is a good reason to disenfranchise them." [3]

Analogies

Innocent until proven guilty is a principle where one's freedom is a right that must be disproven beyond a reasonable doubt before it is taken away. Similarly, voting could be seen as such a right that the government must meet a high bar (how high is disputed) before revoking it for any individual.

Freedom of speech also has very strong protections in democracies, with very few limitations. Voting has been described as speech by opponents to compulsory voting, who argue that it could entail compelled speech. [4]

Implications

In practice, this could mean that the same standards that qualify adults as competent to vote could be extended by default to kids, allowing youth and children to vote. In addition, many more (if not all) residents could be enfranchised. [5]

See also

Related Research Articles

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Democracy is a system of government in which state power is vested in the people or the general population of a state. Under a minimalist definition of democracy, rulers are elected through competitive elections while more expansive definitions link democracy to guarantees of civil liberties and human rights in addition to competitive elections.

<span class="mw-page-title-main">Election</span> Process by which a population chooses the holder of a public office

An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office.

<span class="mw-page-title-main">Suffrage</span> Right to vote in public and political elections

Suffrage, political franchise, or simply franchise is the right to vote in public, political elections and referendums. In some languages, and occasionally in English, the right to vote is called active suffrage, as distinct from passive suffrage, which is the right to stand for election. The combination of active and passive suffrage is sometimes called full suffrage.

Women's suffrage is the right of women to vote in elections. In the beginning of the 18th century, some people sought to change voting laws to allow women to vote. Liberal political parties would go on to grant women the right to vote, increasing the number of those parties' potential constituencies. National and international organizations formed to coordinate efforts towards women voting, especially the International Woman Suffrage Alliance.

Universal suffrage or Universal franchise ensures the right to vote for as many people who are bound by a government's laws as possible, as supported by the "one person, one vote" principle. For many, the term universal suffrage assumes the exclusion of youth and non-citizens, while some insist that much more inclusion is needed before suffrage can be called universal. Democratic theorists, especially those hoping to achieve more universal suffrage, support presumptive inclusion, where the legal system would protect the voting rights of all subjects unless the government can clearly prove that disenfranchisement is necessary. Universal full suffrage includes both the right to vote, also called active suffrage, and right to be elected, also called passive suffrage.

<span class="mw-page-title-main">Compulsory voting</span> Practice of requiring all eligible citizens to register and vote in elections

Compulsory voting, also called universal civic duty voting or mandatory voting, is the requirement that registered voters participate in an election. As of January 2023, 21 countries have compulsory voting laws. Enforcement of the law in those countries varies considerably and the penalty for not casting a ballot without a proper justification ranges from severe to non-existent.

<span class="mw-page-title-main">Commonwealth Franchise Act 1902</span> Australian suffrage law

The Commonwealth Franchise Act 1902(Cth) was an Act of the Parliament of Australia which set out who was entitled to vote in Australian federal elections. The Act established, in time for the 1903 Australian federal election, suffrage for federal elections for those who were British subjects over 21 years of age who had lived in Australia for six months. The Act excluded natives of Australia, Asia, Africa and the Pacific Islands (other than New Zealand) from the federal franchise, unless they were already enrolled to vote in an Australian state. The Act gave Australian women the right to vote and stand for parliament at the federal level unless they fell into one of the categories of people excluded from the franchise.

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<span class="mw-page-title-main">Voting in New Zealand</span> Aspect of political history

Voting in New Zealand was introduced after colonisation by British settlers. The first New Zealand Constitution Act was passed in 1852, and the first parliamentary elections were held the following year.

The voting rights of Indigenous Australians became an issue from the mid-19th century, when responsible government was being granted to Britain's Australian colonies, and suffrage qualifications were being debated. The resolution of universal rights progressed into the mid-20th century.

Youth suffrage is the right of youth to vote and forms part of the broader universal suffrage and youth rights movements. Most democracies have lowered the voting age to between 16 and 18, while some advocates for children's suffrage hope to remove age restrictions entirely.

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Demeny voting is a type of proxy voting where the provision of a political voice for children by allowing parents or guardians to vote on their behalf. The term is named after demographer Paul Demeny even though the concept predates him and is often pitched as a stop-gap measure for whatever ages suffrage is denied to youth. Under a Demeny voting system, parents would decide how to cast each child's proxy vote, and some systems could allow for a split vote if the parents' political views differ. Children would gain the right to vote either at a certain voting age or when they feel they are ready.

<span class="mw-page-title-main">Women's suffrage in Australia</span>

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Suffrage in Australia is the voting rights in the Commonwealth of Australia, its six component states and territories, and local governments. The colonies of Australia began to grant universal male suffrage from 1856, with women's suffrage following between the 1890s and 1900s. Some jurisdictions introduced racial restrictions on voting from 1885. Such restrictions had been eradicated by the 1960s. Today, the right to vote at all levels of government is held by citizens of Australia over the age of 18 years.

<span class="mw-page-title-main">Representative democracy in Singapore</span> Democratic system used in Singapore national elections

Singapore has a multi-party parliamentary system of representative democracy in which the President of Singapore is the head of state and the Prime Minister of Singapore is the head of government. Executive power is vested in the President and the Cabinet. Cabinet has the general direction and control of the government and is collectively responsible to the Parliament. There are three separate branches of government: the legislature, executive and judiciary.

<span class="mw-page-title-main">2014–2015 Hong Kong electoral reform</span> Proposed electoral reform

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<span class="mw-page-title-main">Women's suffrage in Austria</span> Legal right of women to wrote in Austria

Women's suffrage was introduced in Austria on 12 November 1918 with the foundation of the Republic of Austria after the fall of the Habsburg monarchy with the end of World War I. While men had gained the right to vote in the years of 1861 until 1907, women were explicitly excluded from political participation since the February Patent in 1861. Only unmarried landholding women were allowed to vote, before 1907.

References

  1. Hamilton, Vivian E., Democratic Inclusion, Cognitive Development, and the Age of Electoral Majority (2012). Brooklyn Law Review, Vol. 77, No. 4, 2012, Available at SSRN: SSRN   2086875
  2. Olsson, Stefan (2008). "Children's Suffrage: A Critique of the Importance of Voters' Knowledge for the Well-Being of Democracy". The International Journal of Children's Rights. 16 (1): 56. doi:10.1163/092755608x267120. ISSN   0927-5568.
  3. Wiland, Eric (2018), "Should Children Have the Right to Vote?", The Palgrave Handbook of Philosophy and Public Policy, Cham: Springer International Publishing, p. 223, doi:10.1007/978-3-319-93907-0_17, ISBN   978-3-319-93906-3 , retrieved February 19, 2023
  4. Note, The Case for Compulsory Voting in the United States, 121 Harv. L. Rev. 591, 601–603 (2007). Harvard is one of several law schools at which students may submit articles for publication in the school's law review but only anonymously in the form of "Notes" (with a capital "N").
  5. Hamilton, Vivian E. (2012). "Democratic Inclusion, Cognitive Development, and the Age of Electoral Majority". Brooklyn Law Review. Rochester, NY. 77 (4): 1482, 1489. SSRN   2086875.