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Modeling the German Legal Latitude Principles

Neumann, Stephan and Kahlert, Anna and Henning, Maria and Richter, Philipp and Jonker, Hugo and Volkamer, Melanie
Wimmer, Maria and Tambouris, Efthimios and Macintosh, Ann (eds.) (2013):
Modeling the German Legal Latitude Principles.
In: 5th International Conference on eParticipation (ePart 2013), Springer, Koblenz, Germany, In: Lecture Notes in Computer Science, [Conference or Workshop Item]

Abstract

Postal voting was established in Germany in 1956. Based on the legal latitude of the national legislator, the Federal Constitutional Court confirmed the constitutionality of postal voting several times. In contrast, the constitutionality of electronic voting machines, which were used for federal elections from 2002 to 2005, was rejected as the possibility to control the essential steps in the election was not provided to all citizens. These two cases emphasize that the legal system allows to limit realization of election principles to the advantage of other election principles, but that there are limits. In order to introduce new voting systems, in particular Internet voting systems, it is essential to have guidelines on what is and what is not acceptable. This work provides such guidelines. It identifies the principles of the legal latitude in the German constitution, and captures this latitude in a model. This model enables a review of the constitutionality of new voting systems.

Item Type: Conference or Workshop Item
Erschienen: 2013
Editors: Wimmer, Maria and Tambouris, Efthimios and Macintosh, Ann
Creators: Neumann, Stephan and Kahlert, Anna and Henning, Maria and Richter, Philipp and Jonker, Hugo and Volkamer, Melanie
Title: Modeling the German Legal Latitude Principles
Language: English
Abstract:

Postal voting was established in Germany in 1956. Based on the legal latitude of the national legislator, the Federal Constitutional Court confirmed the constitutionality of postal voting several times. In contrast, the constitutionality of electronic voting machines, which were used for federal elections from 2002 to 2005, was rejected as the possibility to control the essential steps in the election was not provided to all citizens. These two cases emphasize that the legal system allows to limit realization of election principles to the advantage of other election principles, but that there are limits. In order to introduce new voting systems, in particular Internet voting systems, it is essential to have guidelines on what is and what is not acceptable. This work provides such guidelines. It identifies the principles of the legal latitude in the German constitution, and captures this latitude in a model. This model enables a review of the constitutionality of new voting systems.

Title of Book: 5th International Conference on eParticipation (ePart 2013)
Series Name: Lecture Notes in Computer Science
Volume: 8075
Publisher: Springer
Uncontrolled Keywords: Security, Usability and Society;Secure Data
Divisions: LOEWE > LOEWE-Zentren > CASED – Center for Advanced Security Research Darmstadt
20 Department of Computer Science > SECUSO - Security, Usability and Society
20 Department of Computer Science > Theoretical Computer Science - Cryptography and Computer Algebra
Profile Areas > Cybersecurity (CYSEC)
LOEWE > LOEWE-Zentren
20 Department of Computer Science
Profile Areas
LOEWE
Event Location: Koblenz, Germany
Date Deposited: 28 Jul 2016 18:35
Identification Number: TUD-CS-2013-0168
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