scholarly journals Legal Nature of the “Veto” in Ukraine and the World: historical and comparative essay.

Author(s):  
Anastasiia Ivanova

On classical sources, the author traced and compared the history of the formation and development of the institution of veto in ancient Rome, in medieval England, France, the Commonwealth. Particular attention is paid to the development of the institution of veto on Ukrainian lands. The author comes to the conclusion about the different legal nature of the veto in the medieval Western European and Eastern European traditions. The Eastern European tradition corresponds to the veto, the peculiarity of which is consensual in nature and the use of the legislature. The principle of consensual decision-making is inherent in the Western European tradition - in the English Parliament, decision-making by consensus has always been desirable. However, in Eastern European practice, it has become mandatory. In medieval society, consensus could exist as long as it was not denied by a minority. Historical experience has demonstrated the shortcomings of this approach and the dangers to the political and legal system in the case of its instrumentalization. Subsequently, the principle of consensus evolved towards the development of the majority principle. The second type of veto should be considered in the context of ensuring a balance of power, it is part of the mechanism of checks and balances, a tool to limit the legislature and strengthen the executive branch. The purpose of this mechanism is to find a balance of power between different spheres of power, which will correspond to the balance of power in a particular society at the moment. Therefore, there is no and obviously cannot be an ideal veto mechanism - in different states the forms of its implementation differ, depending on the distribution of powers between participants in the political process.

2019 ◽  
pp. 101-137
Author(s):  
Cristina Lafont

This chapter analyzes “lottocratic” conceptions of deliberative democracy. Their defenders put their democratic hopes on the generalized use of deliberative minipublics such as citizens’ juries, citizens’ assemblies, and deliberative polls. Some propose conferring political decisional-power upon minipublics as a way of increasing citizens’ democratic control over the political process. Against this view, the chapter argues that such proposals cannot be defended on participatory grounds. By expecting citizens to blindly defer to the political decisions of a randomly selected group of citizens, the generalized use of minipublics for decision-making would decrease rather than increase the citizenry’s ability to take ownership over and identify with the policies to which they are subject, as the democratic ideal of self-government requires. Lottocrats are right to highlight the democratic potential of minipublics. But in order to unleash that potential we must resist the temptation of taking the “micro-deliberative shortcut” and keep our eyes on the macro-deliberative goal. Instead of empowering minipublics to make decisions for the rest of the citizenry, citizens should use minipublics to empower themselves.


1981 ◽  
Vol 13 (4) ◽  
pp. 427-439 ◽  
Author(s):  
Nabeel A. Khoury

Studies of legislatures in developing countries have to contend with a great deal of cynicism owing, in part, to a political controversy concerning the role of the legislative institution in the Third World. The executive branch, which is generally dominant in developing nations, often uses the legislature to legitimize executive actions. Legislators who agree to serve the executive in this fashion often exaggerate or misrepresent the importance of the legislature in their political system. Conversely, opposition groups, who are frequently excluded from the political process in Third World countries, denigrate the role of legislatures and often exaggerate their ineffectiveness. Scholars have mostly ingnored the role of legislatures in the process of development.


1999 ◽  
Vol 31 (2) ◽  
pp. 399-427 ◽  
Author(s):  
MARCUS J. KURTZ

This article analyses the surprising emergence of a comprehensive and coherent neo-liberal developmental model during the period of military rule in Chile. Rather than reflecting a clear and definitive choice, the political process that produced this model was characterised by hesitation, policy contradiction, shifting priorities, and incremental choices. This was a result of the military's efforts to deal with two, often conflicting, overarching goals – economic and political stabilisation – as they evolved and were redefined over time. The focus on incremental, iterated decision-making weaves the insights of other explanations based in underlying institutional, coalitional, or ideational factors into a micro-political explanation that is consistent with the substantial variations in policy outcome across different phases of military rule.


Author(s):  
D. B. Grafov

The article is about how pro-Israel and pro-China interest groups try to lobby on the ground of Capitol, White House and executive branch. The study of the lobbying results is based on «General theory of action» T. Parsons. It is concluded that for lobbying interests the main point will be the representation of the interests in the political and public spaces and the creating of advocacy and lobbying infrastructure. The ability of the Israeli lobby to achieve the goal can be explained, firstly, by political inclusion in the decision-making process, and, secondly, by almost axiomatic representation Israel interests through the national interests of the United States. The Israeli lobby can be considered as the religious lobby. It can use the possibilities of Jewish religious organizations in grass root action. Also this gives the opportunity to avoid the requirements of the LDA. From the point of view of the theory of Talcott Parsons, the success of the Israeli lobby is the cause of the action of a large number of actors that may form in large groups. Another advantage of the Israeli lobby is the ability of its members to get relevant information about the current situation in different spheres of political life in the U.S. The objective of the present study was to reveal the ways in which China lobby succeeds. The influence of China lobby on decision-making process in the United States can be explained through strong economic ties between American corporations and the Chinese market. When lobbying China uses numerous Chinese Diaspora in many States, as well as trying to interest of the former high-ranking American officials, granting them special privileges for doing business in China. In comparison to the Israeli lobby, the Chinese lobby has weaknesses. Chinese interest groups are not included in the political system of the USA and this is the disadvantage of the Chinese way of lobbying. Unlike Israel lobby Chinese one is external. The interests of the chinese pressure groups do not coincide with American national interests. Their actors are not rooted in the American political system.


2021 ◽  
Vol 24 (6) ◽  
pp. 112-121
Author(s):  
Elena Alekseenkova ◽  

The paper examines the impact of the COVID-19 pandemic on the political process in Italy in 2021. The author analyzes the change of government in February 2021 and the country’s economic recovery and resilience plan, as well as changes in the party-political landscape that occurred in the second year of the pandemic. The study showed that there is an increase in the factors of personalization of power and the strengthening of the executive branch and stagnation of the party landscape in the absence of a clear leader among political forces. The center-right and center-left coalitions are comparable in terms of citizens’ support, but at the same time the level of frustration is growing, reflecting the dissatisfaction of citizens with any of the parties. We can say that there is a certain feeling of the lack of alternative to the proposed development model and the absence of the very request for an alternative. Against this background, the ideas of sovranism so popular recently, it seems, no longer have any prospects.


Author(s):  
Suzana Žilic Fišer ◽  
Sandra Bašic ◽  
Dejan Vercic ◽  
Petra Cafnik

Modern communication technology in principle makes political participation feasible. Information, consultation, and participation of citizens in the working of their highest political body – a parliament- should be easier than ever. This chapter analyses if this is really so on the case of Slovenia and its parliament, the National Assembly. Parliamentary website of the Republic of Slovenia is studied in terms of usability, usefulness and utility those are the key criteria in discussion about website performance. The analysis of e-democracy takes into account citizen participation in the legislative procedure, enabling direct communication with the members of the parliament, possibilities for citizen initiatives, and procedure and content transparency at each stage of the decision-making process. The chapter reports on limits of the current website of the National Assembly of Slovenia and proposes guidelines for better use of new technologies in the political process and for improving user experience.


1974 ◽  
Vol 26 (3) ◽  
pp. 385-399 ◽  
Author(s):  
I. William Zartman

Negotiation is one of the basic political or decision-making processes, but if processes in general have been sorely neglected in political analysis, negotiation has been neglected more than most. Legislation as an institutional function has a respectable literature; as a process wherein goal values are constant and decisions are made by aggregating a sufficient number of parties to constitute a numerically superior side, it has become the subject of coalition theory. Adjudication has also given rise to a large quantity of institutional literature, although a theory explaining the process wherein a single party combines events and values to produce a decision is less well established. Similarly, diplomacy—and more recently, collective bargaining—has been thoroughly described, and economists and mathematicians using game and utility theories have developed some complex models of bargaining. But negotiation as a political process, specifically explained in terms of power, is an underdeveloped area of theory.


Author(s):  
Hugh Bowden

The chapter explores how divination through dream incubation was involved in the decision-making processes of the Athenian democracy. It focuses on the consultation of Amphiaraos in the mid-fourth century by a delegation including Euxenippos, which we know about from a speech of Isaios. It explores the wider evidence about the practical aspects of dream incubation, and draws on modern studies of dreaming, looking at the practice of recording dreams in writing at the moment of waking, and self-training to improve dreaming and dream recall. The chapter argues that, as in other forms of divination, Athens employed men like Euxenippos as ‘expert dreamers’, who were expected to have dreams when required, and who were supported by other Athenians, who acted as assistants and witnesses of the process. It further argues that divination by dreaming was taken seriously by the democracy, with expert dreamers having potentially great influence on decision-making, and becoming themselves inevitably part of the political process.


2011 ◽  
Vol 8 (1) ◽  
pp. 21-24
Author(s):  
Thomas Helgerman

This paper aims to explore how direct democracy (i.e. the initiative and referendum) affect the balance of power in state governments. Traditionally, like the federal government, state governments consist of three branches: executive, legislative, and judicial. Due to a complex system of checks and balances, one branch cannot become too powerful, adhering to an anti-monarchy sentiment of the founders of the United States. In this set-up, the legislative branch is responsible for creating policy, the executive branch is responsible for implementing it, and the judicial branch is responsible for interpreting it. My thesis is that direct democracy, by allowing the populous to directly implement policy without bearing the responsibility for their actions as politicians do, undermines the legislative branch and therefore representative democracy itself, leading to irresponsible legislation that is not subject to the scrutiny of the United States political process.


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