Svjetskopovijesni smisoa demokracije i predstavništvo naroda

Author(s): Ante Pažanin / Language(s): Croatian Issue: 04/1992

The author explores the world-historical significance of democracy through the ways in which Greek direct democracy has been interpreted in the works by Cr. Meier, J. Bleicken, and D. Sternberger. The significance of the representation of the people is discussed by him through the example of contemporary representative democracy as interpreted, in the first place, by E.-W. Böckenförde, in the sense of a modern constitutional state and the state form of government. The point of the study is to examine the mutual relationship of democracy and representation today and to inquire on which socio-cultural, institutional, political, ethical, and historical presuppositions the political life and the citizens’ activity in a contemporary social and democratic state of law and order are actually based. With the help of Hegel’s and Husserl’s philosophy of history the author poses the question whether one can envisage some world-historical continuity both in the history of philosophy and in the political history understood as constitutional history and as world history. In these terms Athenian democracy acquires its full world-historical significance in the time of modern individualism as well - to the extent to which the modern citizen in a state possesses the right and the possibility not only to vote on questions formulated for him by political functionaries and representatives but also on his part to submit proposals and to initiate the examination and the solving of topical questions of communal living. In this way only do democracy and politics acquire their genuine significance in terms of political activity and participation by the citizens in the life of the state on the level of contemporary world history.

Rozhovor Jana Cholínského s Ivo T. Budilem - Totalitarismus v teorii a praxi

Author(s): Ivo T. Budilem,Jana Cholínského / Language(s): Czech Issue: 21/2012

Kształtowanie się państwowości Polski i Litwy w czasach nowoczesnych

Author(s): Ryszard Balicki,Artur Ławniczak / Language(s): Polish Issue: XXXI/2014

The article is devoted to the similarities and distinct solutions of the Polish and Lithuanian political systems at the time when both states again returned to the map of Europe. This issue becomes particularly important considering the fact that for several centuries both countries formed an ever closer union state, which was ended up by the final partition of Poland. However, after regaining independence in the early twentieth century the two countries followed their own way, interpreting the meaning and significance of a common past in a different way. Although the analysis of contemporary models of Polish and Lithuanian political systems indicates that there are significant similarities, they are not the consequence of a common history or common constitutional traditions but the results of solutions deemed as the most appropriate for the parliamentary systems implemented in each of these states.

Konstytucyjny zakaz przeprowadzania wyborów w czasie trwania stanu nadzwyczajnego – kilka wątpliwości

Author(s): Krzysztof Eckhardt / Language(s): Polish Issue: XXXI/2014

The Constitution of the Republic of Poland of 2 April 1997 introduced to the Polish political system a ban on holding elections and a nationwide referendum in a period when extraordinary measures are introduced, as well as within the period of 90 days following their termination. Such solution is widely accepted in the literature. However, the way it is regulated raises some doubts. The Author attempts to solve some problems concerning the constitutional ban, such as: to clarify the wording used by the legislator — “elections cannot be held”, to explain whether “ordering the elections” means the first step in their“conduct” or maybe “the conduct of elections” is the process following their ordering, to explain whether stopping the election process, which was running before the introduction of extraordinary measures means the “suspension” of electoral activities in order to continue them in future or it means the “cancellation” of existing activities and the need to start the procedure from the very beginning.

W 80. rocznicę uchwalenia „konstytucji styczniowej”. Uwagi polemiczne

Author(s): Przemysław Kierończyk / Language(s): Polish Issue: XXXI/2014

The Author presents an overview of the Constitution of the Republic of Poland adopted in 1935, which is commonly called the “April Constitution’ because of the date it was signed by the president. However, it was passed by the parliament in January 1934. The Author draws particular attention to the extremely controversial circumstances of its adoption and even undermines the legality of this legal act by enumerating legal faults concerning its adoption, some of which have not been known in Polish literature. The Author also presents the influence of the Polish Constitution of 1935 on constitutions adopted in the 30's in other countries (f. ex. in Brazil). He argues the attempts to exploit the only legal constitution” in force since 1935, as the means of undermining the legitimacy of the Polish state after 1945 and generally deals with the issue of legitimacy in political discussion.

O mandacie przedstawicielskim w aspekcie politycznym

Author(s): Wiesław Kraluk / Language(s): Polish Issue: XXXI/2014

The main purpose of the article is to point out the dissonance between the concept of a free mandate, derived from the classical theory of representation and its political aspect - the fact that contemporary political representation is bases on political parties. The Author also identifies the consequences of this state of affairs for consistency doctrinal clarity of the concept of the mandate and its implementation. This problem has been referenced to the characteristic features of a free mandate and the functions of political parties. The Author indicates in what way the features of the free mandate, particularly its universal and independent character, modify this concept of mandate. It is pointed out that when it comes to the universalism of the free mandate, the current sovereign entity should be perceived in the context of the principle of political pluralism. The consequence of this is the assumption that a single representative can only represent ,,his/her” voters and the general will of different social groups is expressed by representative authorities — the Sejm and the Senate. Bearing in mind the independence of the representative mandate adopted in the Polish Constitution the Author highlights the limitations resulting from the role which political parties and parliamentary clubs serve in the representation process. The issue of party and club discipline is treated separately, in accordance with the opinions expressed in the doctrine that voting discipline is necessary due to the efficiency of the parliamentary-cabinet mechanism of loyalty to the voters. The Author also points out that the abuse of this discipline reduces significantly the level of debate within the party and within the parliament. He underlines the leading and crucial role of political parties in the process of representation and their impact on the performance of representatives’ duties as well as draws attention to some aspects of the electoral and governance functions of political parties as the ,,democratic procedures of governance”. The Author concludes that the legal regulation of the political aspects of the representative mandate referred to in the Constitution can be characterized by extraordinary self-restraint and modesty, inadequate to the role of political parties in the process of representation.

System rządów w projektach Konstytucji RP Rzecznika Praw Obywatelskich Janusza Kochanowskiego

Author(s): Lech Mażewski / Language(s): Polish Issue: XXXI/2014

The three drafts of a new constitution of the Republic of Poland presented by the tragically deceased Commissioner for Citizens’ Rights included different systems of government, wherein in case of two proposals (rationalized parliamentary-cabinet system and parliamentary-cabinet system) the starting point was the system set up on the basis of the current constitution. It must be said that these both proposals, which aimed to modify the existing constitutional arrangements, could fulfill a useful role in the legislative works on the elimination of the deficiencies of the system of government established in 1997. Due to Janusz Kochanowski, the difference in the shape of the system of government in the rationalized parliamentary-cabinet system and the parliamentary-cabinet system concerned the scope of the political marginalization of the role of the President in order to create a functional system of government. Would a situation in which the head of state regimes but does not govern be the best solution? Or should the President have some influence on the current state governance? These are the main questions that arise from the Commissioner’s proposals. The situation was different with the third draft of the new Polish constitution, which required a major adjustment, because otherwise it would be difficult to implement the system of government proposed there. It would be necessary to choose one of two possibilities: a presidential system according to the American model, or one of the varieties of a presidential-parliamentary system of government. The creation of any hybrid solution would have dysfunctional character.

Przesłanki naruszenia zasady pomocniczości przez akty ustawodawcze Unii Europejskiej w świetle uzasadnionych opinii przyjętych przez Sejm i Senat RP

Author(s): Zbigniew Witkowski,Maciej Serowaniec / Language(s): Polish Issue: XXXI/2014

The article is an attempt to reconstruct the definition of the principle of subsidiarity,based on the content of the reasoned opinions adopted by the Sejm and the Senat after the entry into force of the Lisbon Treaty. According to the Authors, the function of a guardian of the principle of subsidiarity, which is exercised by both chambers of the parliament as a part of the so-called ,.European function”, should find the appropriate constitutional regulation. Only this will provide a good basis for the effective modification of the political position of the Senate in the asymmetrical bicameralism model of the Polish parliament.Currently, without such regulation at the constitutional level the Senate de jure do not have the competence to control the government, but de facto it controls the tasks of the government when it comes to government’s legislative activities at the EU level. The Authors note that the charges raised by both chambers of the Polish parliament concern both the substantive issues related to the common difficulties in differentiating the potential breach of the principle of legality from the infringement of the principle of subsidiarity and the new system of delegated and implementing acts of the Commission, as well as the issues of a strict procedural nature resulting from the insufficient explanation of EU drafts of legislative acts in terms of their conformity with the principle of subsidiarily. In conclusion, the Authors points out to the need to develop the common interpretation of the principle of subsidiarity by national parliaments, including the Sejm and the Senat of the Republic of Poland. Clarification of the procedural aspects of the application and observance of the principle of subsidiarity may in fact allow for greater involvement of national parliaments in EU decision-making procedures.

Geneza, ustrój polityczno-konstytucyjny i upadek wolnych miast Rzeszy

Author(s): Tadeusz Maciejewski / Language(s): Polish Issue: XXXI/2014

The origins of the cities of the Reich were very complex. Undoubtedly, it was associated with the occurrence of three phenomena: the emergence of urban population. the emergence of a new type of economy and spatial changes. The filial system of urban setting was also developed. A dominant role in shaping the systems of new towns was played by some major centers, such as Magdeburg. Cologne and Lübeck. New towns and cities were located on their system and law and were known as their “daughters”. The most important cities began to gain the imperial immediacy in the thirteenth century. They were called ,,free cities of the Reich”. Initially, their number was about 130. However, over time this number began to decline. The reason for their disappearance was the process of mediation, meaning their elimination by incorporating them into larger territorial units. On a large scale it was started by Napoleon Bonaparte after 1906. As a result,in the Second Reich (1871-1918) there were only four free cities, whereas in the Weimar Republic (1918 - 1933) there were only three: Hamburg, Lüheck and Bremen. Each of them had its own national constitution.

The role of the president of the Russian Federation in shaping of the country’s security

Author(s): Sylwester Gardocki / Language(s): English Issue: 3/2012

The overall objective of this paper is to outline how president of Russia performs his tasks in the area of security mainly through the specific and politically strong body of the Security Council of the Russian Federation. The result of this analysis is pointing out the role of the people directly managing the armed forces and internal security apparatus in influencing the president. More and more key positions in the country and economy are occupied by FSB people indisputable tendency to fill the sectors that the president considered as the most important with people from the security apparatus. The dependence of the president on the heads of the units forming the coercive apparatus is not the quality obvious only for Vladimir Putin’s presidency; it was also visible in the activity of president Boris Yeltsin, which has for many years escaped the attention of many of the scholars studying Russia.

Transitions Online_Around the Bloc-Czechs Preparing for Cyberattacks Before Elections

Author(s): TOL TOL / Language(s): English Issue: 07/18/2017

Czech government is beefing up cyber security to counter possible Russian intervention in upcoming elections.

PARLIAMENTARY ELECTIONS IN ITALY 2013 STRUGGLE BETWEEN DEMAGOGY AND PRAGMATISM

Author(s): Joanna Woźniak / Language(s): English Issue: 4/2013

Parliamentary elections in Italy, which took place on 24 – 25 February 2013 ina very specifi c political circumstances caused by economical crisis and the internal situation ofthe Italian State.Th e fall of the Silvio Berlusconi’s government and replacement it with a technicalgovernment did not improve the internal situation of the country, and indeed it has deepened.Th e withdrawal of support by the Popolo della Libertàto the government of Prime MinisterMario Monti has caused the need for early parliamentary elections.On the political scene appeared new political parties, including Movimento Cinque Stelle(Five Stars Movement), which stood out from the traditionally corrupt politics and proposeda new form of campaign, using such means as the Internet, blogs, and tour around the country.Th e new group has also set up outgoing Prime Minister Mario Monti called Scelta Civica (CivicChoice) aided by the smaller parties which were in the Parliament and supported of the EuropeanUnion austerity policies. In addition, in the election participated the Democratic Party, theNorthern League and the Popolo della Libertà (People of Freedom). In total, their participationin the elections reported 215 political parties.Elections minimally won left ist Democratic Party with a score of 29.54% (Chamber of Deputies).Surprisingly Popolo dellaLibertà of Silvio Berlusconi received 29.13% (Chamber ofDeputies). But the biggest winner was the Five Star Movement, which won 25.55% of the seats,while the biggest loser was the group of Mario Monti, because he received only 10.54% of votes.Th e result above shows that the creation of the coalition will be very diffi cult. Political class willhave to regain the trust of the society to be able to make the necessary reforms to cure the economicalsituation of Italy and they should focus on the problems of the country and not theSilvio Berlusconi’s excesses.

Епистемички процедурализам као модел демократског одлучивања

Author(s): Ivan Matić / Language(s): Serbian Issue: 1/2017

The subject of this paper is the analysis of epistemic proceduralism as a unique model within the deliberative dimension of democratic theory. The first part of the paper presents a brief overview of the foundations of rational choice theory on the individual and collective levels, establishing the criteria of asymmetry, transitivity and completeness. These concepts are elaborated upon through the lens of Arrow’s theorem, which introduces further conditions of unrestricted domain, positive preference ranking, independence from irrelevant alternatives and non-dictatorship as criteria for rational, ethical group choice. In light of this, the concept of aggregative democracy is proven as theoretically unsustainable. The following part of the paper is dedicated to the presentation and consideration of the alternative, deliberative conception of democracy, accentuating the contrast between its basic models, the epistemic and the procedural one. The evolution of democratic theory from Rousseauian and Condorcetian conceptions of popular rule as optimal for attaining good results toward contemporary understanding of democracy as a deliberative procedure is described here. The final part of the paper presents a detailed analysis of the middle-of-the-line model, epistemic proceduralism, developed by author David Estlund. The study focuses on the deficiencies of the previous two models, exploring the ways in which their shortcomings necessitate and give rise to epistemic proceduralism. Estlund’s model is then compared with the other ones in order to judge the capacity in which it fullfils the goals of deliberative democracy and whether it is hampered by deficiencies of its own.

Transitions Online_Around the Bloc-EU Court Orders Halt to Bialowieza Logging

Author(s): TOL TOL / Language(s): English Issue: 08/01/2017

Poland is pushing back on two fronts against what it calls the European Union’s unjustified interference in its internal affairs.

Poselski projekt ustawy o powiecie metropolitalnym – progres czy regres w reformowaniu samorządu terytorialnego w Polsce?

Author(s): Paweł Antkowiak / Language(s): Polish Issue: 4/2016

The development of local government is one of the key factors that contributed to the democratization of the political system in Poland. The process of building local government in Poland is still not finished, and there are new challenges. One of the important issues is the question of increasing role of metropolitan areas and large urban areas. The subject of the article was an analysis of the parliamentary Act on the metropolitan district. The proposed project does not ft the local reality. The good thing was that this project provoked the debate. As a result, it developed a new solution – the Act on metropolitan associations.

The Role of National Referendum in Central and Eastern European Countries. Selected Experiences

Author(s): Magdalena Musiał-Karg / Language(s): English Issue: 3/2016

Direct democratic choices have been of great importance in Central and Eastern European countries since they have marked the key steps on those states’paths to democracy. Direct democracy – particularly referendum – is arousing increasing interest among politicians and the electorate, which is manifested in the ongoing public debate on the role of civil participation in decision-making processes, as well as in the increase in the number of national referendum held in Europe and worldwide. Hence, studies on referendum in Central and Eastern Europe seem to be a very interesting and academically important task worthy of further exploration. The main research aim of this paper is to answer the question of the role of nationwide referendum in the political practice of Central and Eastern European states, as well as the question of the future prospects for the use of referendum. More emphasis is placed on referendum conducted after 1989. On the basis of these research results, referendum are divided into three categories: independence referendum, so called “deepening” referendum and accession referendum.

Proces kształtowania się systemu partyjnego w Republice Białoruś w latach 1991–1994

Author(s): / Language(s): Polish Issue: 5/2012

The article is devoted to the process of establishing first political parties in Belarus during the period of gaining independence. The main issues discussed were as follows: the historical roots of individual parties, circumstances of its establishment, relations between parties. It was argued that in the main political discourse were involved former communist ‘nomenklatura’ and Belarus’ nationalists of Belarusian Popular Front. Another parties were playing secondary role in the political life of Belarus.

Niepołączalność mandatu radnego samorządu terytorialnego

Author(s): Paweł Kuczma / Language(s): Polish Issue: 5/2012

The subject of the article is incompatibilitas in relation to councilors. To begin with, I point out the essence of incompatibilitas and how it is understood in the doctrine and the case law. It is followed by the description of the positions which cannot be combined with the office of councilor and those local government activities, which the councilor cannot deal with. I also point out certain problems with interpretation of the regulation of the matter described here.

Problematyka informacji w działaniach administracji publicznej

Author(s): Rafał Mikowski / Language(s): Polish Issue: 5/2012

This article presents a synthetical analysis of the notion that accompanies relations between the administrator and the administered. The author presents various attempts to define, classify, obtain, collect, and use information taking into account the issues discussed in the activities of public administration. He also indicates the problem of information access which is a consequence of the idea of government openness as well as restricting information access associated with the protection of information identified as sensitive.

Rola samorządu terytorialnego w kształtowaniu się podmiotowości społecznej

Author(s): Tomasz Czernik / Language(s): Polish Issue: 5/2012

Self social maintaining is the central task for activities of local authorities. This subjectivity is the identity of the self. Democracy without self-local authorities cannot exist. It is for her protection, because citizenship and shape it has an impact on social activities, which is an important platform for the expression of social responsibility of the individual. The local government is also a barrier to the natural tendency to alienation of political power in the direction of totalitarianism.