scholarly journals Polish electoral system to self local government – changes and effects

2016 ◽  
Vol 16 (3) ◽  
pp. 266-281
Author(s):  
Beata Słobodzian

Abstract Poland as a young democracy is supported by extensive experience of mature democratic systems. Poland is still seeking reasonable and effective solutions regarding its electoral system. The right for electing the representatives of authority bodies is one of the fundamentals of democracy. This right entitles citizens for active public participation through expressing their support (votes) for candidates, which will respectively represent their voters in certain institutions. Polish electoral law, which regulates the local self-government elections is very controversial. The existing legal rules have been changed many times since 2011. Among the subjects being discussed are electoral campaigns, and candidate registration rules and organization of elections. Frequent changes in the electoral law result in misunderstandings and an unwillingness to participate in elections. Their effect is low voter turnout and a large number of invalid votes. Regardless of the above, it is worth to consider, why the Electoral Code was prepared so chaotically and without any further discussion? Why before the forthcoming elections to the European Parliament and municipalities planned for 2014 it was not possible to be assured about the electoral regulations, which were the subject of numerous changes?

1977 ◽  
Vol 36 (2) ◽  
pp. 284-325 ◽  
Author(s):  
A. I. Ogus ◽  
G. M. Richardson

The English lawyer has been notoriously unwilling to admit the relevance of social sciences to his discipline. In part, this may be attributed to his lack of formal training in economics or sociology. As regards the latter, there are some signs of the handicap being overcome: much current research effort is now being directed to the interpretation of law and the legal system as social phenomena. But the application of economic reasoning to legal instruments and institutions has been limited and tentative. Although it has long been recognised that a marriage of the two disciplines is necessary for the procreation of effective norms in areas where the law clearly governs economic activities, for example, the regulation of trade and income redistribution, so far, in this country at least, creative thinking about central legal institutions such as tort, contract, property and crime has remained relatively untouched by such a mode of analysis. Yet, as Americans have demonstrated, there is nothing inappropriate in such an exercise. At first sight the subject areas of economics and law will appear to diverge significantly: the former is “concerned with the manner in which a society produces, distributes and consumes wealth when it is constrained by scarcity, either of tangible resources or of intangible resources,” while the latter is often viewed as a system of norms governing the conduct of individuals and institutions. Yet such conduct will generally involve the transfer and acquisition of resources. With this congruence of interest, therefore, the opportunity exists to compare economic analysis with prevailing legal rules on particular issues to see whether the “right” solution is reached.


2021 ◽  
Vol 2(163) ◽  
pp. 153-179
Author(s):  
Andrzej Stec ◽  
Grzegorz Szwałek

The issue of electoral law in elections to the Senate of the Republic of Poland arouses great interest among lawyers, political scientists and representatives of exact sciences (especially mathematicians). Both the fundamental principles of electoral law and the principles guiding the basic elements of the electoral system were included in the provisions of the Constitution of the Republic of Poland. These provisions are not numerous, although crucial for the construction of the electoral system. The wrong tendency and practice of making changes to the electoral law just before the election prompted the legislator to introduce single-mandate constituencies. The adoption of the Electoral Code was also aimed at avoiding the manipulation of changes in constituencies under the influence of poll results, and highlighted the problem of implementing the constitutional provisions in this matter. Unfortunately, the literature on the subject often underestimates the weight of the vote and the estimation of voting power, which translates into the construction of a fair electoral system. The authors tried to present in the article changes in the electoral system against the background of domestic and foreign experience, using methods characteristic of the humanities and sciences.


2018 ◽  
pp. 67-78
Author(s):  
Krzysztof URBANIAK

The issue of intensifying female participation in public life, and particularly in political life, has recently been the subject of lively discussions, in particular in the social sciences. The number of female candidates on the election ballots for representative organs is clearly insufficient in comparison to the size of the female electorate, as well as the abilities, skills and intellectual potential women occupy. This problem has also been widely discussed in Poland. As a result of these quite heated disputes and discussions, accompanied by an interesting exchange of views on the doctrine of electoral law, an instrument to increase female representation on election ballots (a quota system) was introduced into the Polish electoral system. The subject of this paper, however, is not the issue of the grounds or justification for the legal instruments applied, or an assessment of the activities of the state authorities or the institutions of public life in this respect. Rather, the paper analyzes the legal solutions introduced in Poland in order to increase the political participation of women from the point of view of their conformity with the regulations of the Constitution of the Polish Republic. For this purpose, the author refers both to the doctrine of constitutional law and the adjudications of the Constitutional Tribunal. This analysis leads to the conclusion that the ‘compensatory privilege’, introduced in law, is highly questionable in terms of its conformity with the Polish Constitution. In this light an amendment to the Constitution would be recommended, providing a constitu- tional status to the provisions on equality.


2011 ◽  
Vol 60 (2) ◽  
Author(s):  
Marina Casini

Il contributo prende in esame una recente decisione della Corte di Cassazione (n. 9700 del 2009) che, giunge a conclusioni opposte a quelle dei giudici di primo e secondo grado. Essa, infatti, dispone che “anche il soggetto nato dopo la morte del padre naturale, verificatasi durante la gestazione per fatto illecito di un terzo, ha diritto nei confronti del responsabile al risarcimento del danno per la perdita del relativo rapporto e per i pregiudizi di natura non patrimoniale e patrimoniale che gli siano derivati”. Tuttavia, la Corte di Cassazione, nelle motivazioni, esclude “l’esigenza di ravvisare la soggettività giuridica del concepito per affermare la titolarità di un diritto in capo al nato” e ritiene che “del rapporto col padre e di tutto quanto quel rapporto comporta la figlia è stata privata nascendo, non prima che nascesse”. Su queste ed altre affermazioni vengono mosse alcune critiche da parte dell’ A. anche alla luce di un’ altra importante sentenza della Cassazione (n. 10741 del 2009). Quest’ultima, in base ad una serie di norme richiamate nella decisione, chiarisce che “in tale contesto, il nascituro o concepito risulta comunque dotato di autonoma soggettività giuridica (…) perché titolare, sul piano sostanziale, di alcuni interessi personali in via diretta, quali il diritto alla vita, il diritto alla salute o integrità psico-fisica, il diritto all’onore o alla reputazione, il diritto all’identità personale, rispetto ai quali- l’avverarsi della condicio iuris della nascita ex art. 1, 2 comma, c.c. (…) è condizione imprescindibile per la loro azionabilità in giudizio a fini risarcitori; su tale punto non può non rilevarsi come la questione della soggettività del concepito sia stata già posta più volte all’attenzione del legislatore italiano con alcuni disegni e proposte di legge”. Di qui l’importanza della proposta lanciata dal Movimento per la Vita fin dal 1995 di modificare l’art. 1 del Codice civile. ---------- This article examines the Court of Cassation’s recent decision (n. 9700 of 2011) which reached opposite conclusions compared to those of the first and second Tribunal. This decision states that “the subject born after his natural father’s death, caused during pregnancy by illicit means committed by a third party, has the right to demand compensation from the party for damages from both loss of paternal relationship and loss of pecuniary and non-pecuniary benefits”. However, the Court of Cassation, in its deliberation, excludes “the need to recognize the legal subjectivity of the unborn child to assert the born child’s rights” and holds that “the daughter was deprived of her father and of all the things involved in its relationship at the moment of the birth, not before she was born”. Those and further affirmations are criticized by the A. in light of another very important decision of the Court of Cassation (n. 10741 of 2009). This statement, on the basis of several legal rules, clarifies that “in this context the unborn child has its own legal subjectivity (…) as direct holder of some personal interests like the right to life, right to health or psycho- physical integrity, right to honor or to reputation, right to personal identity, for those the condicio iuris of birth settled in the art. 1, 2 c. c. (…) is a condition to take legal action for compensation of damages. Regarding this point, the Italian Parliament has already introduced several draft bills.” Hence the importance of the proposal made by the Movimento per la Vita since 1995 to amend art. 1 of the Civil Code.


Legal Concept ◽  
2021 ◽  
pp. 79-85
Author(s):  
Yuri Bokov ◽  

during the elections of deputies of the Prussian Landtag in 1849-1918. The purpose of the study is a comprehensive analysis of the content and practice of the implementation of Decree of the King of Prussia “On the Election of Deputies of the Second Chamber” of May 30, 1849. Results: the paper examines not only the original version of Decree of the King of Prussia of May 30, 1849, but also the texts of all the amendments that were made to this normative act. The important attention is paid to the scientific consideration of the implementation of the legal norms and their impact on the electoral behavior. Conclusions: Decree of the King of Prussia “On the Election of Deputies of the Second Chamber” of May 30, 1849 was in effect until the cancellation of Order “On Elections to the Constitutional Landtag of the Prussian State” of December 21, 1918. By the end of the XIX – beginning of the XX century, the majority of the population was actively demanding the liberalization of electoral law. The sporadic amendments did not fundamentally change the provisions of the text of the normative act. The right to vote was unequal: the voters were divided into three classes, taking into account the amount of taxes paid. The election was indirect. The regulation allowed the minority (taxpayers belonging to the first and second class), in contrast to the majority (taxpayers of the third class), to elect several times more electors. The deputies of the Landtag elected by the electors ensured the realization of the interests of the mostly wealthy citizens and minimally took into account the needs of the third-class voters. The representatives of the third class, in comparison with the first and second, participated least in the elections, since they were not motivated by the possible result, on the contrary, they were confirmed in the idea that their vote did not matter. The electoral system, based on the norms of Decree of the King of Prussia “On the Election of Deputies of the Second Chamber” of May 30, 1849, contributed to an increase in the level of absenteeism among the third-class voters.


2021 ◽  
pp. 497-515
Author(s):  
A. A. Chemakin

The article is devoted to the elections to the city councils of the Kuban Territory, which took place in the spring and autumn of 1919. The author dwells in detail on the Kuban electoral law, according to which, for the first time in Russia, a rather rare electoral system — раnаchage — was used, and on the results of its application. Election campaigns in Yekaterinodar and other cities of the region are considered, the results of voting and the composition of councillors are analyzed. By the example of Yekaterinodar, the difference in electoral preferences of residents of “bourgeois” and “proletarian” regions is shown, as well as the influence of the educational and property level, occupation on the political preferences of the townspeople. Special attention is paid to the story of the murder in the editorial office of the newspaper “Utro Yuga”, which was caused by the struggle between moderately socialist electoral associations, and one of the immediate reasons was S. Ya. Marshak's election poems. The general results of the elections show that in most cities of the region the victory was won by the “right” homeowners' lists, but the author believes that the reason for this was not so much a change in the mood of the masses as the absenteeism of the left and centrist electorate.


Author(s):  
Younten Tshering

Democracy is a gift from the golden throne; from 2008, Bhutanese people started to choose their leader by casting a vote. The right to vote and more importantly the exercise of franchise by the eligible citizens is the heart of every democracy [1]. Through this exercise of their right to vote have the ultimate power to shape the destiny of country by electing representatives who run the government and make decisions for the growth, development, and benefit of all the citizens. However, the voter turnout seems to be decreasing at an alarming rate based on the Election Commission of Bhutan [5]. This paper proposes an electoral process aiming at better voter turnout. It replaces whole electoral system using Biometric Fingerprint scanner for the voter authentication and a display unit connected to a central database which helps a voter to cast their vote from nearest polling station instead of having to go to his/her polling station to cast vote. It is a hybrid of internet voting and a traditional electronic voting method where the system uses electronic equipment at the nearest polling station to cast vote instead of using a personal laptop or mobile phone to cast vote using an app. The hybrid system is adopted with the major findings shown in “Internet Voting in Estonia” [13] which is a small country and suitable to adopt internet voting.


Author(s):  
Ali Hussein Hameed ◽  
Saif Hayder AL.Husainy

In the anarchism that governs the nature and patterns of international relations characterized by instability and uncertainty in light of several changes, as well as the information revolution and the resulting developments and qualitative breakthroughs in the field of scientific and advanced technological knowledge and modern technologies.  All of these variables pushed toward the information flow and flow tremendously, so rationality became an indispensable matter for the decision maker as he faces these developments and changes. There must be awareness and rationality in any activity or behavior because it includes choosing the best alternative and making the right decision and selecting the information accurately and mental processing Through a mental system based on objectivity, methodology, and accumulated experience away from idealism and imagination, where irrationality and anarchy are a reflection of the fragility of the decision-maker, his lack of awareness of the subject matter, his irresponsibility, and recklessness that inevitably leads to failure by wasting time and Effort and potential. The topic acquires its importance from a search in the strategies of the frivolous state and its characteristics with the ability to influence the regional, and what it revealed is a turning point in how to adapt from the variables and employ them to their advantage and try to prove their existence. Thus, the problem comes in the form of a question about the possibility of the frivolous state in light of the context of various regional and international events and trends. The answer to this question stems from the main hypothesis that (the aim which the frustrating state seeks to prove is that it finds itself compelled to choose several strategies that start from the nature of its characteristics and the goals that aim at it, which are centered in the circle of its interests in the field of its struggle for the sake of its survival and area of influence).


2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Rialdo Rezeky ◽  
Muhammad Saefullah

The approach of this research is qualitative and descriptive. In this study those who become the subject of research is an informant (key figure). The subject of this study is divided into two main components, consisting of internal public and external public that is from the Board of the Central Executive Board of Gerindra Party, Party Cadres, Observers and Journalists. The object of this research is the behavior, activities and opinions of Gerindra Party Public Relation Team. In this study used data collection techniques with interviews, participatory observation, and triangulation of data. The results of this study indicate that the Public Relations Gerindra has implemented strategies through various public relations programs and establish good media relations with the reporters so that socialization goes well. So also with the evaluation that is done related to the strategy of the party. The success of Gerindra Party in maintaining the party’s image in Election 2014 as a result of the running of PR strategy and communication and sharing the right type of program according to the characteristics of the voting community or its constituents.Keywords: PR Strategy, Gerindra Party, Election 2014


Edupedia ◽  
2019 ◽  
Vol 4 (1) ◽  
pp. 77-85
Author(s):  
Mohamad Aso Samsudin ◽  
Ukhtul Iffah

Teaching is an art means that the art of managing people who have a variety of different characters. The teacher should be able to recognize these different characters so that he can easily master them so that the subject is easily mastered by them. However, the teacher is not easy to do that. It is no less difficult in learning to do assessment, because when assessment teachers are required to be careful and meticulous so that the results are not wrong, be careful in determining appropriate measurement tools as measured, or careful in operating the right tools, especially teachers are required able to do a complete assessment (authentic) in three domains (cognitive, psychomotor, and affective). This article reviews how to carry out authentic assessments in Islamic Education (Pendidikan Agama Islam) learning.


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