Political parties and independents before the constitution: the broadcast time allocation case

Abstract

This work elaborates on two relevant issues in Constitutional Law, by means of analysing a recent judicial decision. The first of those issues relates to the difficulty that arises when the application of a statute to a specific case results in an infringement of the Constitution. The second topic refers to the constitutional principles that should guide and regulate the practice of Electoral Law, specially the manner in which broadcast time should be allocated between the various candidates. The main objective of this work is to set up a well defined conception of the principle of equal concern for political parties and independents.