Citation
Nicholas Stephanopoulos, Our Electoral Exceptionalism, 80 U. Chi. L. Rev. 769 (2013).
Abstract
Scholars of American election law have devoted almost no attention to how other countries organize their electoral systems. This Article begins to fill that gap by carrying out the first systematic comparative analysis of redistricting practices around the world. It separates district design into three constituent components — institutions, criteria, and minority representation — and for each component describes the approaches used in America and abroad, introduces a new conceptual framework, and challenges the exceptional American model.
Redistricting institutions are categorized based on their levels of politicization and judicialization; the United States is an outlier along both dimensions because it relies on elected branches rather than independent commissions. As for criteria, other democracies are far more focused on partisan fairness than the United States. And with respect to minority representation, the supermajority of countries that require it favor proportional representation over the American preference for majority-minority districts. The Article uses this comparative perspective to critique American redistricting practice and to propose reforms.