scholarly journals Liberal-democratic values of the Polish Сonstitution of 1921

Author(s):  
L.S. Protosavitska

Examining the liberal-democratic values ​​of the Polish Сonstitution of 1921, the author clarified the conditions under which the Polish state was formed in 1918. In general, the paper examines all sections of the constitution of March 17, 1921, carried out an article-by-article analysis of the basic law of the Polish state. Polish statehood was restored as a result of geopolitical changes following the First World War, including the victory of the Entente. Based on the guarantees contained in Woodrow Wilson's program, the Poles restored the Polish state. The Polish state in the postwar period faced a large number of political, social, economic and psychological problems that stood in the way of land integration and overcoming the gap with Western European states. It was found that the Constitution of March 17, 1921, in contrast to previous constitutional acts, established a clear division of power into legislative, executive and judicial, proclaimed the rights and freedoms of citizens. The Constitution stated that the supreme power in the republic belongs to the people. Both houses of parliament - the Seimas and the Senate - were not equal under the 1921 Constitution. Constitutional powers enabled parliament to revise and amend the constitution. It is noted that the executive power belonged to the President together with the relevant ministers. As for the judiciary, it belonged to independent courts. The constitution guaranteed broad rights to its citizens, as well as clearly defining the range of responsibilities that everyone had to perform properly. Thus, on the basis of the analysis conducted by the author, it was found that the Polish state adopted the model of the democratic system of France, and in terms of legislative activity also Weimar Germany. The Constitution of Poland incorporates such values ​​as citizenship and responsibility of the citizen, constitutionalism, freedom of speech, human dignity, honor and tolerance, freedom of conscience and justice, social order and equality.

2018 ◽  
Vol 16 (4) ◽  
pp. 265-278 ◽  
Author(s):  
Phil Parvin

The article evaluates the arguments presented in Jason Brennan’s Against Democracy, Ilya Somin’s Democracy and Political Ignorance and Achen and Bartels’ Democracy for Realists and their implications for democratic theory and practice. The article uses their work to shine a light on ongoing and contradictory trajectories of democratic reform in Britain at the local and national levels, and to argue against the widespread view that British democracy should be reformed in ways that give citizens more control over political decisions. These books point to ways in which democracy might be salvaged, rather than replaced, and in which British democracy in particular might be reformed in order to better meet the challenges of the twenty-first century, by focusing less on participation and more on representation. This requires a two-pronged strategy. First, that we reform liberal democratic institutions in ways which better harness the power of non-majoritarian institutions, strengthen formal epistocratic checks and balances, and embrace the move towards greater political elitism in order to appropriately constrain the popular will and to ensure rigorous scrutiny within a traditionally configured representative democratic system. Second, that we explore ways of incorporating citizens’ voices at different points in the democratic system in order to circumvent some of the problems these authors describe and to ensure that the strengthening of representative institutions does not unfairly marginalise citizens. Achen CH and Bartels LM (2016) Democracy for Realists: Why Elections Do Not Produce Responsive Government. Princeton, NJ: Princeton University Press. Brennan J (2016) Against Democracy. Princeton, NJ: Princeton University Press. Somin I (2016) Democracy and Political Ignorance: Why Smaller Government Is Smarter, 2nd edn. Palo Alto, CA: Stanford University Press.


2021 ◽  
pp. 21-33
Author(s):  
SLOBODAN ZEČEVIĆ

Can the political and doctrinal legacy of Charles De Gaulle be linked to Serbia? The answer is affirmative even far more than we think. Austrian and French experiences were used during the drafting of the Serbian constitution from 2006. Our constitutional text also established a kind of mixed system, in which the Prime Minister was the holder of executive power, while the President of the Republic was in charge of expressing the unity of the Republic of Serbia. It was a bad copy of the constitution of the French V Republic. The President of the Republic of Serbia was elected by the people in direct elections, but he was denied the competencies that this election requires. Even more serious consequences were left by the introduction of a proportional electoral system that produced weak and corrupt coalition governments whose composition was determined by reach poeple and foreign intelligence services. In order to avoid distortions of the electoral proportionality, ie to obtain a stable government, the introduction of autocratic measures of media supervision and control and state institutions followed.


2014 ◽  
Vol 4 (2) ◽  
pp. 81
Author(s):  
Jantje Tjiptabudy

District head's elections as implementation realization of sovereignty of the people undertaken in democratic system, for sure, shall subject to principles and concept of district head's elections. KPUD and Regional Bawaslu as the district head's elections organizers are obliged to execute professional and quality district head's elections based on the 4 (four) conceptual elements of district head's elections as follows: (1) as a means of sovereignty of the people, (2) it is conducted in a direct, general, free and secret as well as honest and fair manner, (3) it is conducted in Unitary State of the Republic of Indonesia, and (4) it is based on Pancasila and the 1945 Constitution of the Republic of Indonesia.   Implementation of district head's elections, in reality, is full of various violations, especially for the number of votes obtained by foul manner such as vote distension. This condition is obviously seen by the people showing that KPUD and Regional Bawaslu are not capable in performing their duties as the agency of district head's elections. Definitely, it affects quality of district head's elections or legitimation of the elected district head. In fact, lots of factors affect professionalism of KPUD and Regional Bawaslu such as capability of human resources, low alimony rate compared to their responsibility load, and also integrity of KPUD and Regional Bawaslu. Other factor which has escaped attention is morality of the members of KPUD and Regional Bawaslu.


1991 ◽  
Vol 48 (2) ◽  
pp. 139-157
Author(s):  
José Murilo de Carvalho

The celebration of the centennial of the Brazilian Republic (1889-1989) was marked by a few events of academic or civic nature and no enthusiasm whatsoever. It has been observed that the bicentennial of the French Revolution aroused more interest in the people of Brazil. The reasons for this are not difficult to understand. Two seem to have particular relevance. First, is the recent memory of a military regime (1964-1985) in the minds of the people. The proclamation of the Republic on 15 November 1889 is generally held to be the making of the Brazilian military; it would be somewhat embarrassing to celebrate the actions of yesterday's enemies.The second reason relates to the disappointment felt among the populace with the New Republic—the name given to the civilian government inaugurated in 1985. The New Republic rode in on the crest of huge mass demonstrations, the most impressive ever to take place in the country. These people called for the end of military rule and the direct election of a civilian president. In 1985 a civilian president took over, although not chosen by direct election, and a constituent assembly drafted a new constitution. Freedom of the press was restored and the people lived in great hope that a new era had finally dawned for the nation. Four years later, in 1989, a new constitution was in effect, and the fundamental precepts of a democratic system—the executive, the legislature, and the judiciary branches of government; a free press; multiple political parties; and a politicized populace—were all in place.


2018 ◽  
Vol 8 (2) ◽  
pp. 278-295
Author(s):  
Muh. Ainun Najib

State and power are two things that cannot be separated from one another. Substantially, both have the main purpose of creating prosperity for the people. In fact, the Indonesia's democratic system seems to be imperfect. Therefore, it needs to have reorientation and revitalization of the concept in its implementation. The thought of Muhammad Ainun Najib (Cak Nun), in this context, is an alternative offer, such as; first, there is a distinction between state institutions and government institutions, between the head of state and the head of government, for the sake of creating political stability and the administration of the good governance; second, the criteria of a leader need to have scientific quality that is not only knowing issues of the personal and group interests, but also understanding in detail about the life of the regions; third, Indonesia should have five national pillars such as people, Indonesian National Army (TNI), intellectuals, customs and culture, as well as spiritual powers. Those five pillars are supposed to support the upright and the solid state of the Republic of Indonesia.


Author(s):  
Wuri Arenggoasih

In accordance with Article 29 of the 1945 Constitution of the Republic of Indonesia, Indonesia recognizes the religion and protects the freedom of the people in carrying out its religious teachings. Indonesia is a plural country because of the diversity of beliefs and the beliefs held by the community. But because of this diversity, Indonesia has a sensitivity especially associated with religious issues. In the last two years, the establishment of the negative issues about Islam has been increasing. Consequently, Islam is cornered in Indonesia. This situation is feared to be able to further exacerbate the potential for votes for the Islamic parties in the 2019 election. Therefore, the concept of issues management of Chase W. Howard model is used in this study to answer how the management of the Islamic party issues is to face the 2019 Election. The research method used is the qualitative descriptive approach in the interpretive paradigm with the design of case study research. The results of the research show that the Islamic party has exceeded all elements on the issues management of Chase model. These elements become the step of the Islamic party against the issues of Islam and exist in the democratic system, especially for the 2019 election without reducing the sense of peace in Indonesia.


2020 ◽  
Vol 28 (1) ◽  
pp. 1-29
Author(s):  
Alexandra Carleton

Constitutionalism may be gaining ascendancy in many countries in Africa. Yet thorough investigation of the extent to which current constitutions accord to the people their internationally recognised right to governance of their mineral wealth under Article 1(2) of the ICCPR has been lacking. Understanding the existing framework of rights which may support claims to land and natural resources is important. Constitutions of the Democratic Republic of the Congo and the Republic of Zambia demonstrate the reality of multiple, overlapping land interests and the limitations upon a people's claim to freely govern their mineral wealth.


Author(s):  
Akil Ibrahim Al-Zuhari

The article defines the features of the process of forming the research tradition of studying the institute of parliamentarism as a mechanism for the formation of democracy. It is established that parliamentarism acts as one of the varieties of the regime of functioning of the state, to which the independence of the representative body from the people is inherent, its actual primacy in the state mechanism, the division of functions between the legislative and executive branches of government, the responsibility and accountability of the government to the parliament. It is justified that, in addition to the regime that fully meets the stated requirements of classical parliamentarism, there are regimes that can be characterized as limited parliamentary regimes. The conclusions point out that parliamentarism does not necessarily lead to a democracy regime. At the first stage of development of statehood, it functions for a long time in the absence of many attributes of democracy, but at the present stage, without parliamentarism, democracy will be substantially limited. Modern researchers of parliamentarism recognize that this institution is undergoing changes with the development of the processes of democracy and democratization. This is what produces different approaches to its definition. However, most scientists under classical parliamentarianism understand such a system, which is based on the balance of power. This approach seeks to justify limiting the rights of parliament and strengthening executive power. Keywords: Parliamentarism, research strategy, theory of parliamentarism, types of parliamentarism


2021 ◽  
pp. 026732312199133
Author(s):  
Christina Holtz-Bacha

With the surge of populism in Europe, public service broadcasting has come under increased pressure. The established media are considered part of the corrupt elite not serving the interests of the people. The public service media, for which pluralism is at the core of their remit, are a particular thorn in the side of the populists. Therefore, they attack the financial basis of public service, which is supposed to guarantee their independence. The populist attacks on the traditional broadcasting corporations meet with the interests of neoliberal politics and of those political actors who want to evade public scrutiny and democratic control and do no longer feel committed to democratic accountability. The assaults on the public service media are thus an assault on freedom of the media and further increase the pressure on the democratic system.


2021 ◽  
pp. 019145372199070
Author(s):  
Lorenzo Rustighi

In this article, I engage with what relevant literature addresses as the ‘paradox of democracy’ and trace it back to the dialectic between authorization and representation established by social contract theories. To make my argument, I take Rousseau’s Social Contract as a paradigmatic example of the paradox and analyse it in light of Hegel’s critical response. My aim is to show that, although Rousseau rejects the idea of representing the popular will, representation resurfaces in his Republic from top to bottom and engenders a structural opposition between citizens and rulers: drawing on the Hegelian scrutiny of contractarianism, I focus on three key moments in Rousseau’s theory, namely the Lawgiver, the majority rule and the executive power. After illustrating how the social contract undermines democratic participation in deliberative processes, I suggest that Hegel’s philosophy of right overcomes the paradox by positively assuming it as a dialectical contradiction that requires a specific constitutional approach to democracy. In this sense, I argue, the Hegelian perspective on democratic deliberation helps us to better frame Rousseau’s ambition to conceive the Republic as a free community of equals and urges us to elaborate a more coherent understanding of participation in a pluralistic society.


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