Resumo

EMMERICH, Gustavo Ernesto  e  LOPEZ ULLOA, Xóchitl. La cláusula de gobernabilidad y la representación proporcional en el Congreso de Sinaloa, 1998-2001. Región y sociedad [online]. 2004, vol.16, n.30, pp.03-42. ISSN 2448-4849.

The Mexican State of Sinaloa holds a "governance clause" that, under certain assumptions, apportions to the most voted political party a number of proportional representation seats enough for ensuring it a majority in the State Congress. This clause has produced litigation around its application as well as distorting effects on political representation. This article examines Sinaloa's complex legislation for electing State representatives by proportional representation, and evaluates some of its problems; analyzes the apportionment of proportional representation seats in 1998 and 2001, and the litigation around them; and measures in what extent those apportionments were near to proportionality Its main conclusion is that, in spite of its distorting effects, Sinaloa's legislation allows for a quite proportional integration of its Congress. In order to improve proportionality, it would be convenient to suppress the governance clause, which besides being questionable from a democratic standpoint, is not technically well designed and -contrarily to its intention- has damaged the most voted party (the Institutional Revolutionary Party, or PRI, by its Spanish acronym);additionally, it would be convenient to review some other aspects of Sinaloa's legislation, as district apportionment and the ill-defined "minimal percentage" required for accessing to proportional representation seats.

Palavras-chave : Mexico; Sinaloa; electoral systems; political parties; proportional representation; governance clause; electoral justice; congress.

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