scholarly journals Kształtowanie instrumentów ochrony demokracji w Polsce na przykładzie zakazu zgromadzeń. Perspektywa ideowa

2021 ◽  
Vol 43 (3) ◽  
pp. 341-369
Author(s):  
Aleksandra Moroska-Bonkiewicz
Keyword(s):  
Public Discourse ◽  
Qualitative Content Analysis ◽  
Freedom Of Speech ◽  
Right Wing ◽  
Liberal Democracies ◽  
Public Authorities ◽  
Legal Norms ◽  
Persuasive Strategies ◽  
Democratic State ◽  
Threat To Life

There is no single, universal model for the protection of democracy that sets limits on freedom and tolerance in liberal democracies. In response to political extremism, states apply various measures — from highly repressive ones, such as restrictions on freedom of speech or association, to more liberal ones based on persuasive strategies. Which instruments are adopted and implemented depends on the decisions of public actors. This article deals with the ban on assembly, which is a repressive instrument of democracy protection. Basing on the analysis of selected assembly bans cases, the aim is first to determine which model of democracy protection is closer to the solutions adopted in Poland — militant or procedural democracy, and second to indicate why such solutions were adopted. More precisely, by means of an ideational perspective, the aim is to explain the different positions taken by public actors in the process of implementing the assembly ban. The article uses the method of qualitative content analysis of legal acts and decisions made by public authorities regarding holding assemblies. By means of a purposeful case selection, the analysis was carried out on the assembly bans against extreme right-wing groups in Warsaw and Wrocław. The research has shown that the legal norms adopted in Poland allow the application of assembly bans in accordance with the concept of militant democracy. However, the implementation shows a different approach of public actors in this matter. Municipalities are closer to the model of a militant democracy, as they allow a preventive ban on assembly as an instrument of public order protection in relation to freedom of speech infringements. In doing so, they do not maintain neutrality towards the views public discourse participants. The courts, on the other hand, exclude the subject of assemblies as a basis for their preventive restriction, the premises of the ban being violence or a direct threat to life, health and property. Their position is thus closer to the procedural model of protecting democracy. The adopted ideational perspective points to possible reasons for the different positions of public actors. Their attitude to values which are crucial for the protection of democracy shows differences. This applies, among others, to the different weight ascribed to particular democratic values, the different perception of threats to the society and the democratic state, and the divergence in defining the thresholds of freedom and tolerance. ∗ Artykuł powstał w wyniku realizacji projektu badawczego UMO-2014/15/D/HS5/03272 finansowanego ze środków Narodowego Centrum Nauki. Wyrazy podziękowania kieruję do recenzentów za bardzo wnikliwe i inspirujące komentarze.

scholarly journals Strategic and Tactical Totalization in the Totalitarian Epoch

2016 ◽  
Vol 5 (1) ◽  
pp. 57-93
Author(s):  
Adam J MacLeod
Keyword(s):  
Twentieth Century ◽  
Soviet Union ◽  
Former Soviet Union ◽  
Private Law ◽  
Liberal Democracies ◽  
Public Authorities ◽  
Legal Norms ◽  
The Soviet Union ◽  
Totalitarian Regimes

AbstractThis article examines the totalization of private law by public authorities. It compares and contrasts the fate of private law in totalitarian regimes with the role of private law in contemporary, non-totalitarian liberal democracies. It briefly examines the Socialist jurisprudence of the former Soviet Union and its treatment of private law. It offers an explanation why private law might be inimical to the jurisprudence of the Soviet Union and totalitarian regimes more generally. It next examines the totalization of law accomplished by segregationist regimes in the mid-twentieth century, comparing and contrasting those regimes with totalitarian regimes. Then it turns to examine instances of “tactical totalization” in our own day. Examining totalization of law as a jurisprudential, rather than political, phenomenon reveals how the totalization of legal norms can and does occur in liberal democracies, though with substantially different implications than in totalitarian regimes.

Group-Differentiated Rights and the Liberal Democratic State: Rethinking the Headscarf Controversy in Turkey

2001 ◽  
Vol 25 ◽  
pp. 31-46 ◽  
Author(s):  
Yeşim Arat
Keyword(s):  
Minority Groups ◽  
Liberal Democracies ◽  
The Past ◽  
Princeton University ◽  
Liberal Democratic ◽  
Democratic State ◽  
Clifford Geertz ◽  
Ethnocultural Groups ◽  
Special Rights ◽  
The Relationship

The development of liberalism with both the courage and the capacity to engage itself with a different world, one in which its principles are neither well understood nor widely held, in which indeed it is, in most places, a minority creed, alien and suspect, is not only possible, it is necessary.-Clifford Geertz. 2000.Available Light.Princeton, N.J.: Princeton University Press, p. 258.Over the past two decades, the debate over multiculturalism challenged the justice of neutral, “difference blind” rules in liberal democracies. Allegedly neutral institutions were shown to be implicitly biased toward the priorities, experiences, or interests of the dominant groups in the society. Criticism of difference-blind rules and claims for justice to minority groups defined the relationship between government and opposition in many contexts. Arguments for special rights to protect minorities, women, or ethnocultural groups gained legitimacy (Young 1990, Jones 1990, Phillips 1991, Taylor 1994, Kymlicka 1995, Kymlicka and Norman 2000).

Countering terrorism or criminalizing curiosity? The troubled history of UK responses to right-wing and other extremism

2021 ◽  
pp. 147377952198934
Author(s):  
Lucia Zedner
Keyword(s):  
United Kingdom ◽  
Hate Crime ◽  
Freedom Of Speech ◽  
Fundamental Rights ◽  
Right Wing ◽  
Political Ideas ◽  
The United Kingdom ◽  
Violent Extremism ◽  
History Of ◽  
Right Wing Extremism

The growth of right-wing extremism, especially where it segues into hate crime and terrorism, poses new challenges for governments, not least because its perpetrators are typically lone actors, often radicalized online. The United Kingdom has struggled to define, tackle or legitimate against extremism, though it already has an extensive array of terrorism-related offences that target expression, encouragement, publication and possession of terrorist material. In 2019, the United Kingdom went further to make viewing terrorist-related material online on a single occasion a crime carrying a 15-year maximum sentence. This article considers whether UK responses to extremism, particularly those that target non-violent extremism, are necessary, proportionate, effective and compliant with fundamental rights. It explores whether criminalizing the curiosity of those who explore radical political ideas constitutes legitimate criminalization or overextends state power and risks chilling effects on freedom of speech, association, academic freedom, journalistic enquiry and informed public debate—all of which are the lifeblood of a liberal democracy.

scholarly journals DEVELOPMENT OF THE ADMINISTRATIVE LAW IN THE KYRGYZ REPUBLIC

2020 ◽  
pp. 92-104
Author(s):  
Rustam Madaliev
Keyword(s):  
Administrative Law ◽  
Kyrgyz Republic ◽  
Public Authorities ◽  
Legal Norms ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Administrative Legislation ◽  
Administrative Procedures ◽  
Law And Legislation ◽  
Administrative Justice

The article provides an overview and stages of the development of law and legislation on administrative procedures and administrative justice in the Kyrgyz Republic. The article discusses the adoption, implementation, content and the application of the new Law on Administrative Procedure and the Administrative Procedure Code of the Kyrgyz Republic. At the beginning, the socio-political background and the rationale for the ongoing judicial reforms and the efforts of the state to strengthen the rule of law in the Kyrgyz Republic are described. A significant part of article considers steps for developing a law on administrative procedures of the Kyrgyz Republic and the problems associated with its development. Then, the content and issues of implementation and the problems of the practical application of the new law on administrative procedures of the Kyrgyz Republic are disclosed. A separate part is devoted to the development, content, implementation and practice of the application of the new Administrative Procedure Code of the Kyrgyz Republic. The article also outlines the problems and shortcomings in the practice of applying legal norms on administrative procedures and administrative justice in the Kyrgyz Republic. In general, the article summarizes that a new system of administrative law has been formed in Kyrgyzstan to replace “Soviet” administrative law, but there are still problems in understanding and applying the new administrative legislation: not all the regulatory framework and practice of administrative agencies are brought into line with the new legislation; there are facts of not understanding, ignoring and not applying the new legislation by public authorities; not all curricula of higher legal education are brought in line with a new understanding of administrative law. It is necessary to continue the implementation measures to put into practice the new administrative legislation through organizational measures to educate and train law applicators, as well as the development of judicial practice in administrative cases.

scholarly journals International legal guarantees for the realization of human and citizen rights to environmental information

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Butsmak Artem ◽  
Keyword(s):  
Environmental Information ◽  
Public Authorities ◽  
Legal Norms ◽  
Legal Documents ◽  
Ecological Information ◽  
Right To Information ◽  
The Right ◽  
International Instruments ◽  
Right Of Access ◽  
To Receive

In the article considered guarantees of the right on access to ecological information fixed in international legal documents. Also made a research on state of implementation such international instruments in national Ukrainian legislation, separate legal instruments of realization the right to get ecological information. Made examples of successful defence of the broken right on access to ecological information. In order to exercise the right to information, it is important not only to have the norms enshrined in the legislation, but also the system of guarantees and opportunities for their implementation, which should be provided by public authorities. International legal documents establish only general approaches to the protection of rights, and their further development and consolidation is undoubtedly entrusted to national authorities. The analysis of the current national legislation allows to state that in general the international legal norms have found the reflection in national regulatory legal acts. However, over time, approaches to understanding environmental information, expanding its list, the subjects who have the right to receive it, so work in this direction should continue in order to increase the possibility of exercising the right of access to such information. Keywords: ecolaw, right on access to ecological information, guarantees of right on access to ecological information, international guarantees of right on access to ecological information

scholarly journals „Nie popadajmy w przesadę z tą równością” – płeć mózgu, heteronorma i mistyka naukowości

Adeptus ◽  
2018 ◽  
Author(s):  
Ludmiła Janion
Keyword(s):  
Brain Development ◽  
Catholic Church ◽  
Brain Structure ◽  
Public Discourse ◽  
Right Wing ◽  
Significant Aspect ◽  
Popular Book ◽  
Scientific Justification ◽  
The Brain

„Let’s not be too eager about equality” – brain sex, heteronormativity, and the scientific mystiqueThe article analyses the role of brain sex in Polish public discourse of the last years. The authors of a popular book Brain Sex claim that differences between women and men stem from differences in the brain structure, and because of that they are universal and unchangeable; feminism is based on misrepresentation of science. This thesis was overtaken by right-wing journalists, as it gave scientific justification to conservative gender politics and contemplementarity – the gender ontology of the Catholic church. However, in the rightwing journalism a significant aspect of brain sex theory is silenced, namely, the claim that homo- and transsexuality result from disorders in brain development; they are unchangeable and should be accepted. Despite its conservative roots, brain sex was popularized in liberal media as well. The aura of science that accompanied this popular theory allowed to naturalize its anti-feminism and heteronormativity. This phenomenon is discussed on the basis of media activity of two Polish scientists who are popular both in right-wing and liberal media: Anna Grabowska and Jerzy Vetulani. Both present brain sex theory as objective, universally accepted truth, which is attacked in the name of the leftist ideology by ignorant activists who deny science. „Nie popadajmy w przesadę z tą równością” – płeć mózgu, heteronorma i mistyka naukowościArtykuł analizuje rolę płci mózgu w polskim dyskursie publicznym ostatnich lat. Autorzy niezwykle popularnej w Polsce książki Płeć mózgu twierdzą, że różnice między kobietami i mężczyznami wynikają z różnic w budowie mózgów, a przez to są uniwersalne i niezmienne, feminizm zaś jest oparty na fałszowaniu nauki. Teza ta została podchwycona przez prawicowych publicystów, ponieważ nadawała naukową legitymację konserwatywnej polityce płci oraz komplementaryzmowi – ontologii płci przyjętej przez Kościół katolicki. W prawicowym piśmiennictwie przemilcza się jednak istotny aspekt płci mózgu, mianowicie twierdzenie, że homo- i transseksualność wynikają z wad w rozwoju mózgu, są niezmienne i powinny być akceptowane. Mimo swoich konserwatywnych korzeni płeć mózgu była popularyzowana także w mediach liberalnych. Nimb naukowości, którym otaczany był popularny pogląd, pozwalał naturalizować związane z nim antyfeminizm i heteronormatywność. Zjawisko to omówione jest na podstawie działalności popularyzatorskiej dwojga naukowców, cieszących się popularnością zarówno w prawicowych, jak i liberalnych mediach: Anny Grabowskiej i Jerzego Vetulaniego. Oboje przedstawiali płeć mózgu jako obiektywną, powszechnie uznawaną naukową prawdę, z którą w imię lewicowej ideologii próbują walczyć nieakceptujący ustaleń nauki aktywiści.

The Legal Construction of the Notion of Anti-White Racism in France

2021 ◽  
Vol 39 (2) ◽  
pp. 136-155
Author(s):  
Mathias Möschel
Keyword(s):  
Criminal Law ◽  
Public Discourse ◽  
Right Wing ◽  
Critical Race ◽  
White Racism ◽  
Mainstream Media ◽  
Limited Success ◽  
Critical Whiteness ◽  
Public Debates ◽  
Legal Construction

This article focuses on the legal construction of the notion of anti-White racism in France. By analyzing cases litigated under criminal law, it describes how a right-wing NGO has been promoting this notion via a litigation strategy since the late 1980s, initially with only limited success. Public debates in mainstream media in the 2000s and intervention by more traditional antiracist NGOs in courts have since contributed to a creeping acceptance of anti-White racism both within courtrooms and in broader public discourse. This increased recognition of anti-White racism is highly problematic from a critical race and critical Whiteness perspective.

German Angst

German Angst ◽  
2020 ◽  
pp. 331-367
Author(s):  
Frank Biess
Keyword(s):  
Right Wing ◽  
Military Interventions ◽  
Postwar Germany ◽  
Peace Movements ◽  
Emotional Culture ◽  
Democratic State ◽  
The World ◽  
History Of ◽  
Right Wing Populism ◽  
Religious Other

This chapter analyzes contemporary fears in the post-unification Berlin Republic since 1990. It first historicizes the slogan of a “German angst” that is often used to diagnose a German collective pathology. Instead, the chapter argues that the concept emerged in the 1980s and 1990s as part of a conservative critique of the West German environmental and peace movements. The chapter then analyzes the emergence of deterritorialized fears that were no longer primarily bound to a national context. These deterritorialized fears manifested themselves above all in the discussion of unified Germany’s place in the world, especially with respect to the question of German participation in military interventions. Similar fears emerged with respect to the increasing presence of the world in Germany—that is, with respect to immigrants and refugees. The chapter then seeks to locate the current mobilization of such fears by right-wing populist parties in the longer history of fear in postwar Germany. Right-wing populism is part of, and draws on, an expressive emotional culture, but it turns these fears against an ethnic or religious “other,” and at times also against the democratic state itself. The chapter concludes with a reflection on what a democratic politics of emotion might look like.

How War Makes (and Unmakes) the Democratic State

2021 ◽  
pp. 278-295
Author(s):  
Aziz Z. Huq
Keyword(s):  
Civil War ◽  
National Culture ◽  
September 11 ◽  
First Century ◽  
Right Wing ◽  
Marin County ◽  
Democratic State ◽  
September 11 Attacks ◽  
Twenty First Century ◽  
Greek Island

Focusing on the figures of the terrorist and the migrant, Huq suggests that war in the twenty-first century, in partial contrast to its precursors, may prove costly to democracy. Whereas war once served to develop bureaucratic capacity, shrink wealth gaps, and expand the franchise, it is less likely to perform these functions in a period when war is increasingly cabined to distant zones of violence, mechanized, and privatized. Huq considers a pair of novels by Mohsin Hamid, The Reluctant Fundamentalist and Exit West. The former documents the transformation, and potential radicalization, of a young Pakistani professional in the wake of the September 11 attacks; the latter follows a couple from an unspecified city on the brink of civil war to the Greek island of Mykonos, then to London, and finally to Marin County, California, where their relationship dissolves. Whereas right-wing populists cast the terrorist and the migrant as racialized threats to civilization and national culture, Hamid’s protagonists instead embody a commitment to pluralism, inclusion, and democratic openness.

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