EXERCISING THE RIGHT TO PROTEST: THE INDICATOR OF COUNTRY’S DEMOCRATIC CAPACITY AND THE CASE OF MACEDONIA

Author(s): Natalija Shikova / Language(s): English Issue: 2/2014

Stability of the institutions, safeguarding democracy, rule of law, human rights and respect for and protection of minorities are necessary political criteria for the states striving to become part of the EU. Democracy and rule of law are the fundamental values of the constitutional order of the Republic of Macedonia. The Constitution guarantees human rights and freedoms, civil liberties and national equality. Relying on the analysis of the practice of exercising the civic and political right to protest as envisaged in the Macedonian majoritarian democratic framework, the author of this paper points to insufficiently developed civil identity in Macedonia and proposes measures which may contribute to its improvement. It is necessary because, apart from meeting the political criteria which are prerequisite in the EU accession process, it is in the interest of the state to encourage greater civil activity in the process of making and adopting decisions that are aimed at advancing the democracy.

Metoda analizy funkcjonalnej — równoprawna metoda kolizyjna?

Author(s): Joanna Boroń,Mateusz Dąbroś,Zuzanna Dziadek / Language(s): Polish Issue: 15/2014

The paper presents main assumptions of functional analysis method, which is popular conflict of laws method in United States of America. In this country, functional analysis method is regarded as equal conflict of laws method. Functional analysis is a method, which deals with particular, not typical, actual state. The courts have to compare different policies, which lies beyond competing provisions of law, and make a decision, which policies deserve to be protected. The task of courts is to find better solution — “the better rule”. Authors present the history of views and opinions, which are the foundations of functional analysis method, including Brainerd Currie and L. I. de Winter works. Afterwards, there are shown some cases of applying of functional analysis method by the United States of America courts. Subsequently, authors present criticism of functional analysis method. According to authors’ view, the concept of functional analysis method, to some extent, can be used while applying overriding mandatory provisions. Continental international private law doctrine, however, does not regard functional analysis method as equal conflict‑of‑laws method.

„Constituţionalizarea” programului politic al Preşedintelui şi personalizarea partidelor politice

Author(s): Radu Carp / Language(s): Romanian Issue: 09/2015

After the 2003 revision of the Romanian Constitution and the prolongation of the President mandate to 5 years, the presidential elections have remained elections between parties. The electoral programmes of the candidates are the programmes of the political parties that are ruled or represented by these candidates. This article analyzes the part dedicated to the reform of the political system from the electoral programme of the candidate who won the presidential race from November 2014, Klaus Iohannis. 11 objectives of this programme are taken into account. 5 of them were fulfilled in the first months of President Iohannis mandate. The fact that a part from an electoral programme, a political document without constitutional value, is put into practice is named the “constitutionalization” of the President political programme. The cause of this is the personalization of presidential elections analyzed by Theodore Lowi and the emergence of personalized political parties studied by Mauro Calise.

Aspecte privind procesul de coabitare

Author(s): Marian POPA / Language(s): Romanian Issue: 09/2015

The article assesses some aspects regarding the post Presidential elections momentum in Romania with a view to the collaboration between the two Executive actors: President and Prime Minister. Focusing on the perspectives of an impossible cohabitation within the institutional Romanian framework the article points out at several challenges revealed by recent institutional practice. It proposes to be considered the specific French constitutional arrangements existing for more than a half century because they were accordingly adapted to institutional developments which could not be imagined when the fundamental text was elaborated.

TRANSATLANTIC MODELS OF HUMAN RIGHTS PROTECTION. REGIONAL PARADIGMS OF SPECIFICITY

Author(s): Doina Micu,Oana-Georgiana Hanc-Scherer / Language(s): English Issue: 17/2015

The protection of the individuals in their legal relationships with the Government is realized by laws which provide the fundamental rights of the citizens, internally and the human rights, internationally. The international protection is realized by those norms which exist at the universal and regional level. The regionalization of the protection of human rights is, in our opinion, the process realized based on the paradigm of specificity which socially expresses the cultural relativity in a multicultural world.

Around the Bloc: Ukraine Passes Public Accountability Law

Author(s): TOL TOL / Language(s): English Issue: 03/22/2016

Officials’ asset declarations will soon be open to scrutiny as Kyiv fulfills a promise to Brussels.

Around the Bloc: Putin Says Washington Behind ‘Panama Papers’ Leaks

Author(s): TOL TOL / Language(s): English Issue: 04/12/2016

Ukrainian journalists claim Poroshenko’s involvement in offshores far greater than leaked documents reveal.

VOJISLAV ŠEŠELJ – THE QUESTION OF ETHICS AND RESPONSIBILITY

Author(s): Sonja Biserko / Language(s): English Issue: 1/2015

VOJISLAV ŠEŠELJ – PROBLEM ETIKE I ODGOVORNOSTI

Author(s): Sonja Biserko / Language(s): Bosnian,Croatian,Serbian Issue: 1/2015

STANARI ŽUTE ZGRADE, GRBAVICA

Author(s): Rizah Pašalić / Language(s): English Issue: 4/2015

Ciceronova država

Author(s): Marko Simendić / Language(s): Serbian Issue: 14/2015

The paper examines Marcus Tullius Cicero’s definition of the state (res publica) as it is presented in his work On the Commonwealth. After discussing some of the key terms (res publica, civitas, ius, lex), the paper focuses on two chief elements which make Cicero’s definition of the state and, within it, his definition of the people: community of interest (utilitas communione) and agreement on law (iuris consensus). It is argued that Cicero’s view of the state is reinforced by his account of natural law and natural human order. The state is seen as a kind of natural partnership in which all members have to play their social roles and are given authority, responsibilities, and rewards according to their social standing.

ОTFRIED HÖFFE’S THEORY OF SOCIAL JUSTICE

Author(s): Liudmyla Sytnichenko / Language(s): English Issue: 1/2015

The problem of justice, one of the key problems of contemporary political philosophy, is reconsidered in the light of a new paradigm: Оtfried Hoffe’s theory of transcendental exchange. The main research question is how this theory influences our understanding of the ways of formation of just moral and legal grounds in contemporary society. In order to understand justice adequately, it is important to regard it as personal responsibility, deeply related to attitudes of solidarity and recognition. There is an attempt to fuse moral and material grounds of social existence in order to overcome social injustice. Freedom and justice are rooted in the living world and are based on formal norms and procedures of morality and law. This gives us methodological grounds for understanding Hoffe’s philosophy of political justice, which regards freedom and justice as the main conditions of human existence.

DEMOCRACY WITHOUT DEMOS?

Author(s): Krzysztof Pałecki / Language(s): English Issue: 1/2015

The article presents an analysis of the role of demos in power relations in democratic states. The author of the text postulates the need for contemporary political science research to expand its analyses beyond formal structures of political institutions and include in its scope also features of demos – the “cultural factor” to better understand the functioning and chances for success of democracy in different states.

INSTYTUCJA MARSZAŁKA SENIORA SEJMU W POLSKIM PORZĄDKU PRAWNYM

Author(s): Grzegorz Maroń / Language(s): Polish Issue: 02/2014

The Senior Marshal is an honorary and ephemeral post in the Sejm of the Republic of Poland. The given institution dates back to 1919 and the Legislative Sejm in the Sec-ond Polish Republic. The Senior Marshal is appointed by the President from amongst the elder Deputies. There are three main competences of the Senior Marshal. He opens the first sitting of a newly elected Sejm, which is accompanied by the striking of the Mar-shal’s mace three times against the floor. Next he conducts the procedure of taking the oath of office of the Deputies. Finally he conducts the election of the Marshal of the Sejm. The last two functions the Senior Marshal performs with assistance of temporary secretaries appointed by him from amongst the youngest Deputies in such number as may be necessary to discharge such functions. The moment of taking the chair during the first sitting by newly elected Marshal of the Sejm terminates the parliamentary activity of the Senior Marshal in a given term of office of the Sejm.

WARUNKI DZIAŁANIA OPOZYCJI WE WŁADZACH GMINY W ŚWIETLE REGULACJI STATUTOWYCH MIASTA RZESZOWA

Author(s): Bogusław Kotarba / Language(s): English,Polish Issue: 09/2012

DISCRIMINATION, DEMOCRACY, AND POSTMODERN HUMAN RIGHTS

Author(s): Bartosz Wypych / Language(s): English Issue: 1/2013

The question of discrimination, as far as it is considered in the field of philosophy, cannot be perceived as a problem which can be effectively combated. Even the most precise diagnosis of human nature will not restrain people from defining others as evil and inferior. The most universal and spacious conventions, declarations, cards or bills will not solve the problem either. They can be regarded as an example of applied philosophy at most. On the other hand, we should pose the question what the world would look like if political pragmatism were the main obligatory rule. Thus, the situation finds us between philosophical wishful thinking about a global order free from discrimination and macro – or micropolitical pragmatism.

Suverenitet i identitet Bosne i Hercegovine

Author(s): Adnan Džafić / Language(s): Bosnian Issue: 1/2016

Bosnia and Herzegovina, as a political framework of living, is sovereign from the full social structure‟s annihilation and forming of a new bipolar structure of wealthy and poor individuals, when taking into account all “modern trends” BiH is involved in, regarding the neoliberal ways of seizing a part of or the entire state sovereignty through the contractual parties‟ power. The BH territorial organization follows the principle “three parts make Bosnia complete” (Filandra, 2012:44), i.e. the idea of territorial nationality. The time will prove will anything remain from the BH historical peculiarity as a whole space and multi-ethnic society. However, the international institutions vouch for its completeness.

Prawo do wolności w świetle orzeczenia Trybunału w Strasburgu w sprawie Julii Tymoszenko oraz Jurija Łucenki przeciwko Ukrainie

Author(s): Karolina Szwarc / Language(s): Polish Issue: 2/2013

In 2012 and 2013 the European Court of Human Rights announced two verdicts, dealing with important cases in Ukraine. They both concerned the leading Ukrainian politicians, that is Yuliya Tymoshenko and Yuriy Lutsenko. Y. Tymoshenko is the leader of the Batkivshchyna political party and of Yulia Tymoshenko’s Bloc. From 18 December 2007 to 3 March 2010, she held the position of Prime Minister of Ukraine. Y. Lutsenko, during the period from 18 December 2007 to 29 January 2010 was Minister of the Interior and the leader of the opposition party Narodna Samooborona. They were accused of abuse of power during their terms in office. The circumstances of the two cases are similar. Both applicants argued that their arrest and detention had been politically motivated and unlawful. In light of the cooperation between Ukraine and the EU, as well as the advancement as a democratic state, these judgements are very important. Significantly, the local and international observers concluded that their conviction was an element of political play. The Court ruled that the Ukrainian authorities violated the article 5 of the European Convention of Human Rights.

Polityczne uwarunkowania polityki prawnej w latach 2005–2007

Author(s): Jacek K. Sokołowski / Language(s): Polish Issue: 4/2010

Китайската държавна политика в овладяването на Космоса

Author(s): Manoel Genev / Language(s): Bulgarian Issue: 1/2024

The article aims to trace the progress of the People’s Republic of China in mastering outer space. It analyses the goal-oriented state policy, which has led to the achievement of indisputable successes and the accumulation of invaluable expertise. The author provides a short forecast for the future achievement of the set goals, in the context of cooperation and competition.