History, Politics, and the Constitution: Ethnic Conflict and Constitutional Adjudication in Postcommunist Bulgaria

Slavic Review ◽  
2004 ◽  
Vol 63 (1) ◽  
pp. 66-89 ◽  
Author(s):  
Venelin I. Ganev
Keyword(s):  
Political Parties ◽  
Transitional Justice ◽  
Political Party ◽  
Historical Memory ◽  
Political Order ◽  
Democratic Politics ◽  
Socialist Party ◽  
The Political ◽  
Constitutional Court ◽  
Constitutional Adjudication

Infamously, the 1991 Bulgarian Constitution contains a provision banning political parties “formed on an ethnic basis.” In the early 1990s, the neo-communist Bulgarian Socialist Party invoked this provision when it asked the country's Constitutional Court to declare unconstitutional the political party of the beleaguered Turkish minority. In this article, Venelin I. Ganev analyzes the conflicting arguments presented in the course of the constitutional trial that ensued and shows how the justices’ anxieties about the possible effects of politicized ethnicity were interwoven into broader debates about the scope of the constitutional normative shift that marked the end of the communist era, about the relevance of historical memory to constitutional reasoning, and about the nature of democratic politics in a multiethnic society. Ganev also argues that the constitutional interpretation articulated by the Court has become an essential component of Bulgaria's emerging political order. More broadly, he illuminates the complexity of some of the major issues that frame the study of ethnopolitics in postcommunist eastern Europe: the varied dimensions of the “politics of remembrance“; the ambiguities of transitional justice; the dilemmas inherent in the construction of a rights-centered legality; and the challenges involved in establishing a forward-looking, pluralist system of governance.

Searching for Political Parties in the Past

2017 ◽  
Author(s):  
Piero Ignazi
Keyword(s):  
Eighteenth Century ◽  
Political Parties ◽  
Political Party ◽  
Ancient Greece ◽  
Political Community ◽  
Democratic Politics ◽  
The Political ◽  
The Past ◽  
The Common

Chapter 1 introduces the long and difficult process of the theoretical legitimation of the political party as such. The analysis of the meaning and acceptance of ‘parties’ as tools of expressing contrasting visions moves forward from ancient Greece and Rome where (democratic) politics had first become a matter of speculation and practice, and ends up with the first cautious acceptance of parties by eighteenth-century British thinkers. The chapter explores how parties or factions have been constantly considered tools of division of the ‘common wealth’ and the ‘good society’. The holist and monist vision of a harmonious and compounded society, stigmatized parties and factions as an ultimate danger for the political community. Only when a new way of thinking, that is liberalism, emerged, was room for the acceptance of parties set.

scholarly journals Eksistensi Partai Politik Lokal di Provinsi Papua Pasca Putusan Mahkamah Konstitusi Nomor 41/PUU-XVII/2019

2021 ◽  
Vol 15 (2) ◽  
pp. 103-120
Author(s):  
Galih Raka Siwi ◽  
Reviansyah Erlianto ◽  
Maharani Nurdin
Keyword(s):  
Human Rights ◽  
Political Parties ◽  
Political Party ◽  
Research Method ◽  
Secondary Data ◽  
The Political ◽  
Constitutional Court ◽  
Political Field ◽  
Legal Uncertainty ◽  
The Right

The existence of local political parties in Indonesia is a tangible form of the existence of special autonomy in a certain area. The specificity of a certain area is regulated in the 1945 Constitution Article 18B paragraph (1). In addition, the formation of local political parties is one of the human rights in the political field, as stated in Article 28E paragraph (3) of the 1945 Constitution. The research method uses a normative juridical approach with secondary data and analyzed descriptively qualitatively. Based on research, Papua Province has the right to form political parties (see Article 28 paragraph (1) of the Papua Province Special Autonomy Law). However, the phrase "political party" is considered to have multiple interpretations, thus creating legal uncertainty. Through the decision of the Constitutional Court Number 41/PUU-XVII/2019, the legal uncertainty can be guaranteed by the Constitutional Court Decision. In the future, by looking at the background and real needs of the Papua Province, it is possible to form a Local Political Party in the Papua Province, considering the condition of the Papua Province as a special autonomous region.Partai politik lokal di Indonesia merupakan wujud nyata adanya otonomi khusus di suatu daerah. Kekhususan suatu daerah diatur dalam UUD 1945 Pasal 18B ayat (1). Selain itu, pembentukan partai politik lokal merupakan salah satu hak asasi manusia di bidang politik, sebagaimana tercantum dalam Pasal 28E ayat (3) UUD 1945. Metode penelitian menggunakan pendekatan yuridis normatif dengan data sekunder dan dianalisis secara deskriptif kualitatif. Berdasarkan penelitian, Provinsi Papua berhak membentuk partai politik (lihat Pasal 28 ayat (1) UU Otsus Provinsi Papua). Namun, ungkapan “partai politik” dianggap memiliki multitafsir sehingga menimbulkan ketidakpastian hukum. Melalui putusan MK Nomor 41/PUU-XVII/2019, ketidakpastian hukum dapat dijamin oleh Putusan MK tersebut. Ke depan, dengan melihat latar belakang dan kebutuhan riil Provinsi Papua, dimung­kinkan dibentuknya Partai Politik Lokal di Provinsi Papua, mengingat kondisi Provinsi Papua sebagai daerah otonomi khusus.

Legal Standing Pemohon dalam Perkara Pembubaran Partai Politik Berdasarkan Prinsip Negara Demokrasi

2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Rahmah Nurlaily ◽  
Moh Ali Wafa ◽  
Irfan Khairul Umam
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Party System ◽  
The Political ◽  
Constitutional Court ◽  
German State ◽  
Legal Standing ◽  
Library Research ◽  
Legal Position ◽  
Democratic Country

This research is to know how the provisions regarding the legal standing dissolution of political parties in the country of democracy, namely Indonesia and Germany, and know the legal position of the applicant in the case of dissolution of political parties in Indonesia in accordance with the principles of democracy, this is based on studies with the German state. This research uses the type of normative research, in this research method of data collection is done by Library Research technique, by studying the literature, rules of invite-invitations, books, official documents, and writings of scholars related to this thesis. The Data has been compiled and analyzed using a juridical normative method or qualitative method, which is a study that specialized in the study based on the legal theories that are then associated with legislation.The approach used in this research is a statutory approach as well as an analytical approach. The results of this research showed a comparison of legal standing applicants for the dissolution of political parties in Indonesia with Germany, where Indonesia has similarities with the German state that both have a multi-party system as well as the authority to dissolution its political party owned by the Constitutional Court, but in the application of a legal standing applicant dissolution of a different political party, which German , the implementation is already based on the principle of democracy, unlike Indonesia which legal standing applicants only government only, of course this is not based on the principle of democracy state when mirrored to the German state. That there should be other parties who become applicants in the case of the dissolution of political parties in Indonesia, namely the DPR and DPD, it reflects the life of a democratic country and the oversight of the political parties and governments who become parties in the application of the dissolution of the political party, for that it is necessary to study the authority of the applicant in the dissolution of political parties in

Party in Agony?

2017 ◽  
Author(s):  
Piero Ignazi
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Democratic Politics ◽  
The Political ◽  
The Core ◽  
Organizational Innovations

Chapter 7 portrays the present challenges to political parties, and their response. The chapter surveys organizational innovations, such as primaries and internal referendums, recently introduced by political parties to counteract their decline in membership and loss of confidence amongst the electorate, and it questions their efficacy and validity. These pro-membership innovations seem in fact to favour a plebiscitary modality rather than effective democratic activity. The chapter suggests that an intra-democracy would need four ‘knights’ that should comprise: inclusion, deliberation, diffusion and pluralism. The alternatives to the party that have been advanced in recent times are considered, but their effective import is challenged. The chapter concludes by arguing for the unavoidability of partisanship for effective democracy. Even if the political party suffers agonizingly over its limited legitimacy, it still remains at the core of democratic politics.

scholarly journals Evaluation on the Verification Implementation of Political Parties Participating in the 2019 General Election in Indonesia

2018 ◽  
Vol 11 (2) ◽  
pp. 101
Author(s):  
Supandi Supandi
Keyword(s):  
Information System ◽  
Political Parties ◽  
Judicial Review ◽  
Political Party ◽  
General Election ◽  
Decisive Factor ◽  
The Political ◽  
Constitutional Court ◽  
Normative Approach ◽  
Verification Process

The judgement of the Constitutional Court (MK) Number 53/PUU-XV/2017 oblige all political parties participating in the 2019 general election both established parties or new ones to comply to the re-verification process. Political parties participating in the 2019 General Election must adhere to a verification starting by completing a Political Party Information System (SIPOL). The issue started when the General Election Supervisory Agency (Bawaslu) decided that the SIPOL is not the decisive factor to decide whether a political party passed or failed the administration screening, resulting in the General Election Committee (KPU) to issue a Decision Letter regarding Political Parties participating in the 2019 General Election after the decision of the Bawaslu RI. After the KPU also issued SK Number 58/PL.01.1/Kpt/03/KPU/II/2018 regarding Political Parties participating in the 2019 General Election provoked the political parties stated to fail to become participants in the General Election, to submit complaint through the administrative court. The problem became more entangled when parties winning the complaint in the administrative court reported the KPU commissioners stating to conduct efforts of a judicial review (PK). This paper intents by normative approach to provide an evaluation on the verification process of political parties participating in the 2019 General Election and provide input on the efforts to improve the political parties’ verification process in the future.

scholarly journals PARTAI POLITIK SEBAGAI BADAN HUKUM DALAM SISTEM KEPARTAIAN DI INDONESIA

2020 ◽  
Vol 9 (1) ◽  
pp. 17
Author(s):  
Mohammad Mahmudi
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Party System ◽  
The Political ◽  
Constitutional Court

Political parties in Indonesia are growing and growing rapidly, therefore, there needs to be a new idea in the effort to develop and dissolve the bankrupt political party in order to create a system Indonesian parting is a simple multiparty system. The results of this study show that the establishment of a significant political party and efforts to simplify the political party by going through an unusual stage is by means of The application of the bankruptcy political party to the Constitutional Court of its purpose is to efficiencies the country-issued budget for political parties as well as making the system of Indonesia's parting systems a multi-party system that is simple but in terms Do the idea of having to pay attention to several important factors including: democratic, rational, and Non-discriminatory principles.Keywords: Political parties, political party disbandment, simple Multi Party system.

Towards the Final Legitimation of the Party

2017 ◽  
Author(s):  
Piero Ignazi
Keyword(s):  
Twentieth Century ◽  
Great Britain ◽  
Political Parties ◽  
Political Party ◽  
Sole Source ◽  
The Political ◽  
Party Formation ◽  
Post War ◽  
Dominant Influence

Chapter 3 investigates the process of party formation in France, Germany, Great Britain, and Italy, and demonstrates the important role of cultural and societal premises for the development of political parties in the nineteenth century. Particular attention is paid in this context to the conditions in which the two mass parties, socialists and Christian democrats, were established. A larger set of Western European countries included in this analysis is thoroughly scrutinized. Despite discontent among traditional liberal-conservative elites, full endorsement of the political party was achieved at the beginning of the twentieth century. Particular attention is paid to the emergence of the interwar totalitarian party, especially under the guise of Italian and German fascism, when ‘the party’ attained its most dominant influence as the sole source and locus of power. The chapter concludes by suggesting hidden and unaccounted heritages of that experience in post-war politics.

Varieties of Intra-Party Democracy

2017 ◽  
Author(s):  
Benjamin von dem Berge ◽  
Thomas Poguntke
Keyword(s):  
Decision Making ◽  
Political Parties ◽  
Political Party ◽  
The Political ◽  
Two Dimensional ◽  
Rare Exception ◽  
Empirical Analyses

This chapter introduces a new, two-dimensional way of measuring intra-party democracy (IPD). It is argued that assembly-based IPD and plebiscitary IPD are two theoretically different modes of intra-party decision-making. Assembly-based IPD means that discussion and decision over a certain topic takes place at the same time. Plebiscitary IPD disconnects the act of voting from the discussion over the alternatives that are put to a vote. In addition, some parties have opened up plebiscitary decision-making to non-members which is captured by the concept of open plebiscitary IPD. Based on the Political Party Database Project (PPDB) dataset, indices are developed for the three variants of IPD. The empirical analyses here show that assembly-based and plebiscitary IPD are combined by political parties in different ways while open party plebiscites are currently a rare exception.

The Effects of Manifesto Politics on Programmatic Change

2017 ◽  
Author(s):  
Annika Hennl ◽  
Simon Tobias Franzmann
Keyword(s):  
Political Parties ◽  
Policy Change ◽  
Political Party ◽  
Causal Link ◽  
The Political ◽  
The Novel ◽  
Core Business ◽  
Party Members ◽  
Decision Mode ◽  
Programmatic Change

The formulation of policies constitutes a core business of political parties in modern democracies. Using the novel data of the Political Party Database (PPDB) Project and the data of the Manifesto Project (MARPOR), the authors of this chapter aim at a systematic test of the causal link between the intra-party decision mode on the electoral manifestos and the extent of programmatic change. What are the effects of the politics of manifesto formulation on the degree of policy change? Theoretically, the authors distinguish the drafting process from the final enactment of the manifesto. Empirically, they show that a higher autonomy of the party elite in formulating the manifesto leads to a higher degree of programmatic change. If party members constrain party elite’s autonomy, they tend to veto major changes.

How Do Mainstream Parties ‘Become’ Mainstream, and Pariah Parties ‘Become’ Pariahs? Conceptualizing the Processes of Mainstreaming and Pariahing in the Labelling of Political Parties

2021 ◽  
pp. 1-19
Author(s):  
Benjamin Moffitt
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Political Process ◽  
The Political ◽  
Case Selection ◽  
Mainstream Party

Abstract How does a political party become ‘mainstream’? And what makes some parties receive arguably the opposite designation – ‘pariah party’? This conceptual article examines the processes by which parties’ mainstream or pariah status must be constructed, negotiated and policed, not only by political scientists in the pursuit of case selection, but by several actors actively involved in the political process, including media actors and political parties themselves. It explains how these actors contribute to these processes of ‘mainstreaming’ and ‘pariahing’, considers their motivations and provides illustrative examples of how such processes take place. As such, the article moves beyond the literature on the ways in which mainstream parties seek to deal with or respond to threats from a variety of pariah parties, instead paying attention to how those parties have been constructed as pariahs in the first place, and how these processes simultaneously contribute to the maintenance of mainstream party identities.

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