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Modeling the German Legal Latitude Principles

Neumann, Stephan ; Kahlert, Anna ; Henning, Maria ; Richter, Philipp ; Jonker, Hugo ; Volkamer, Melanie
eds.: Wimmer, Maria ; Tambouris, Efthimios ; Macintosh, Ann (2013)
Modeling the German Legal Latitude Principles.
Koblenz, Germany
Conference or Workshop Item, Bibliographie

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 ; Tambouris, Efthimios ; Macintosh, Ann
Creators: Neumann, Stephan ; Kahlert, Anna ; Henning, Maria ; Richter, Philipp ; Jonker, Hugo ; Volkamer, Melanie
Type of entry: Bibliographie
Title: Modeling the German Legal Latitude Principles
Language: English
Date: September 2013
Publisher: Springer
Book Title: 5th International Conference on eParticipation (ePart 2013)
Series: Lecture Notes in Computer Science
Series Volume: 8075
Event Location: Koblenz, Germany
Corresponding Links:
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.

Uncontrolled Keywords: Security, Usability and Society;Secure Data
Identification Number: TUD-CS-2013-0168
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
Date Deposited: 28 Jul 2016 18:35
Last Modified: 30 May 2018 12:53
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