Investiture by chance? The territorial element of the regional electoral systems and the nomination of presidents

Abstract

The legal regime of the investiture in certain autonomous communities presents specific problems of democratic legitimacy that show the need to coordinate Parliamentary Law with Electoral Studies. Concretely, the analysis of the current regulations on this matter in the País Vasco, the Principado de Asturias and Castilla-La Mancha reveals worrying conclusions that invite us to rethink at least the model of the latter in order to avoid eventual political and institutional crises. This work reviews the differences and parallels that concur in a regulation marked by the "principle of homogeneity", paying special attention to the configuration of the constituency, which would be the ultimate cause of the dysfunctions. Thus, the results of the last elections are studied from the framework of the mandate of art. 152 CE and in connection with the election of regional presidents. All this can serve as a wake-up call to the legislator so as not to underestimate the need for a holistic vision in the configuration of these basic pillars of the constitutional system.