scholarly journals Freedom of Election Campaign and the Revision of the Public Officials Election Law: Focusing on Cases of Violation of Election Law by NGOs

2018 ◽  
Vol 14 (2) ◽  
pp. 5-44
Author(s):  
김형철 ◽  
KyungSun Hong
Author(s):  
OLEKSANDR STEGNII

The paper analyses specific features of sociological data circulation in a public space during an election campaign. The basic components of this kind of space with regard to sociological research are political actors (who put themselves up for the election), voters and agents. The latter refer to professional groups whose corporate interests are directly related to the impact on the election process. Sociologists can also be seen as agents of the electoral process when experts in the field of electoral sociology are becoming intermingled with manipulators without a proper professional background and publications in this field. In a public space where an electoral race is unfolding, empirical sociological research becomes the main form of obtaining sociological knowledge, and it is primarily conducted to measure approval ratings. Electoral research serves as an example of combining the theoretical and empirical components of sociological knowledge, as well as its professional and public dimensions. Provided that sociologists meet all the professional requirements, electoral research can be used as a good tool for evaluating the trustworthiness of results reflecting the people’s expression of will. Being producers of sociological knowledge, sociologists act in two different capacities during an election campaign: as analysts and as pollsters. Therefore, it is essential that the duties and areas of responsibility for professional sociologists should be separated from those of pollsters. Another thing that needs to be noted is the negative influence that political strategists exert on the trustworthiness of survey findings which are going to be released to the public. Using the case of approval ratings as an illustration, the author analyses the most common techniques aimed at misrepresenting and distorting sociological data in the public space. Particular attention is given to the markers that can detect bogus polling companies, systemic violations during the research process and data falsification.


Author(s):  
Jessica Flanigan

Though rights of self-medication needn’t change medical decision-making for most patients, rights of self-medication have the potential to transform other aspects of healthcare as it is currently practiced. For example, if public officials respected patient’s authority to make medical decisions without authorization from a regulator or a physician, then they should also respect patient’s authority to choose to use unauthorized medical devices and medical providers. And many of the same reasons in favor of rights of self-medication and against prohibitive regulations are also reasons to support patient’s rights to access information about pharmaceuticals, including pharmaceutical advertisements. Rights of self-medication may also call for revisions to existing standards of product liability and prompt officials to rethink justifications for the public provision of healthcare.


Author(s):  
Ethan J. Leib ◽  
Stephen R. Galoob

This chapter examines how fiduciary principles apply to public offices, focusing on what it means for officeholders to comport themselves to their respective public roles appropriately. Public law institutions can operate in accordance with fiduciary norms even when they are enforced differently from the remedial mechanisms available in private fiduciary law. In the public sector, fiduciary norms are difficult to enforce directly and the fiduciary norms of public office do not overlap completely with the positive law governing public officials. Nevertheless, core fiduciary principles are at the heart of public officeholding, and public officers need to fulfill their fiduciary role obligations. This chapter first considers three areas of U.S. public law whose fiduciary character reinforces the tenet that public office is a public trust: the U.S. Constitution’s “Emoluments Clauses,” administrative law, and the law of judging. It then explores the fiduciary character of public law by looking at the deeper normative structure of public officeholding, placing emphasis on how public officeholders are constrained by the principles of loyalty, care, deliberation, conscientiousness, and robustness. It also compares the policy implications of the fiduciary view of officeholding with those of Dennis Thompson’s view before concluding with an explanation of how the application of fiduciary principles might differ between public and private law settings and how public institutions might be designed or reformed in light of fiduciary norms.


Orthodoxia ◽  
2021 ◽  
pp. 111-124
Author(s):  
F. A. Gayda

This article deals with the political situation around the elections to the State Duma of the Russian Empire in 1912 (4th convocation). The main actors of the campaign were the government, local administration, liberal opposition and the clergy of the Orthodox Russian Church. After the 1905 revolution, the “official Church” found itself in a difficult situation. In particular, anti-Church criticism intensified sharply and was expressed now quite openly, both in the press and from the rostrum of the Duma. A consequence of these circumstances was that in this Duma campaign, for the first time in the history of Russian parliamentarianism, “administrative resources” were widely used. At the same time, the authorities failed to achieve their political objectives. The Russian clergy became actively involved in the election campaign. The government sought to use the conflict between the liberal majority in the third Duma and the clerical hierarchy. Duma members launched an active criticism of the Orthodox clergy, using Grigory Rasputin as an excuse. Even staunch conservatives spoke negatively about Rasputin. According to the results of the election campaign, the opposition was even more active in using the label “Rasputinians” against the Holy Synod and the Russian episcopate. Forty-seven persons of clerical rank were elected to the House — three fewer than in the previous Duma. As a result, the assembly of the clergy elected to the Duma decided not to form its own group, but to spread out among the factions. An active campaign in Parliament and the press not only created a certain public mood, but also provoked a political split and polarization within the clergy. The clergy themselves were generally inclined to blame the state authorities for the public isolation of the Church. The Duma election of 1912 seriously affected the attitude of the opposition and the public toward the bishopric after the February revolution of 1917.


Author(s):  
Rafael ALIAGA RODRÍGUEZ

Laburpena: Administrazio publikoetako izendapen askeko lanpostuetarako izendapenetan “ahalmen diskrezionala” nola erabili aztertuko dugu. Funtzionario publikoen karrera profesionalerako eskubide subjektiboa ikertuko dugu, baita lanpostuak betetzeko sistemen arteko aldea ere: lehiaketa eta izendapen askea. Izendapen askearen diskrezionalitatearen kasuan, hura osatzen duten elementuak aztertuko ditugu, merezimenduari eta gaitasunari dagokienez. Prozesu hori objektibotasun-, inpartzialtasun- eta gardentasun-printzipioetatik abiatuta gauzatu beharko da, eta jarduera horren emaitzak hautatu beharreko hautagaia, pertsona egokia, zehaztera eramango gaitu. Resumen: Vamos a abordar cómo se debe ejercitar la “potestad discrecional” en el nombramiento en puestos de libre designación en las Administraciones Públicas. Analizaremos el derecho subjetivo a la carrera profesional del personal funcionario público y la distinción entre los sistemas de provisión de puestos de trabajo: el concurso y la libre designación. De la discrecionalidad de la libre designación escudriñaremos los elementos que la componen en relación con el mérito y la capacidad. El resultado de tal actividad, que deberá ejercerse desde los principios de objetividad, imparcialidad y transparencia, nos llevará hasta determinar la persona candidata a seleccionar, la persona idónea. Abstract: We are going to address how the “discretionary power” should be exercised in the appointment of freely appointed positions in the Public Administrations. We will analyze the subjective right to the professional career of public officials and the distinction between the systems for the provision of jobs: competition and free appointment. Regarding the discretion of free designation, we will scrutinize the elements that compose it in relation to merit and capacity. The result of such activity, which must be exercised from the principles of objectivity, impartiality and transparency, will lead us to determine the candidate to select, the ideal person.


2021 ◽  
Vol 13 (1) ◽  
pp. 36
Author(s):  
Anton Surahmat ◽  
Susanne Dida ◽  
Feliza Zubair

Crisis communication is one of the most important instruments in crisis management. Unfortunately, there is a lot of criticism about how the Indonesian government implemented its crisis communication strategy during the Covid-19 pandemic season. This study aims to uncover the government's crisis communication strategy from the perspective of Van Dijk's critical discourse analysis. Based on the Situational Crisis Communication Theory (SCCT), researchers study the structure of discourse in texts consisting of macro, superstructure, and micro. There were 6 press releases from President Jokowi, Minister of Health Terawan Agus Putranto, and Spokesperson dr. Achmad Yurianto was collected using a purposive sampling method to describe the government's crisis communication strategy at the beginning of pre-crisis and crisis. The results show a significant dynamic crisis communication strategy on how the government implemented it in the pre-crisis and crisis phases. In the pre-crisis phase, they were statements from public officials especially in this case coming from President Jokowi and Minister of Health Terawan Agus Putranto. Both of these statements tend to lead to Deny and Diminish's strategy while still delivering messages in the form of Adjustments and Instructive Information so that the public remains alert and calm. However, in the crisis phase, government communication shifted towards Diminishes' statement, in the view of Justification that the crisis was actually not so terrible and bad. This is the biggest idea that emerged in the statement of President Jokowi and Spokesperson dr. Achmad Yurianto. Broadly speaking, this phase also provides a greater perspective on projections of government policy in the Covid-19 arrangement.


2019 ◽  
Vol 19 (3) ◽  
pp. 634
Author(s):  
M Muslih

Legislative members are partners as well as balancing the government in regulating and controlling the government, therefore it is necessary to have a "presence" of honest and clean professional legislators. Reality shows that the professionalism of some legislators still disappoints some of their constituents. For this reason, it is necessary to think about how to escort members of the legislative body in order to realize a clean government. To meet these expectations an election process is needed that can guarantee the implementation of an honest and fair election process. In order to realize the ideal above, the presence of a good legislative Election Law, a professional law enforcement apparatus, and a culture of high legal awareness from the public in exercising their voting rights.


2005 ◽  
pp. 45-74 ◽  
Author(s):  
Ivana Spasic

The paper offers an analysis of the interview data collected in the project "Politics and everyday life: Three years later" in terms of three main topics: attitudes to the political sphere, change of social system, and the democratic public sphere. The analysis focuses on ambivalences expressed in the responses which, under the surface of overall disappointment and discontent, may contain preserved results of the previously achieved "social learning" and their positive potentials. The main objective was to examine to what extent the processes of political maturation of citizens, identified in the 2002 study, have continued. After pointing to a number of shifts in people?s views of politics which generally do not contradict the tendencies outlined in 2002 (such as deemotionalization and depersonalization of politics, insistence on efficiency of public officials and on a clearer articulation of positions on the political scene), it is argued that the process of rationalization of political culture has not stopped, but it manifests itself differently in changed circumstances. The republican euphoria of 2002 has been replaced by resignation, with a stronger individualist orientation and a commitment to professional achievement.


2020 ◽  
Vol 18 (1) ◽  
pp. 227-237
Author(s):  
Agnieszka Łukasik-Turecka

The principle of equal electoral opportunities is implemented, inter alia, by allocating free airtime to political entities. In Poland, like in many other countries, the authorized committees have the right to use the public media’s airtime free of charge during election campaigns. The present article’s objective is to show the Polish solutions in this domain compared with the regulations in other countries and to present the research results and their analysis concerning Poles’ attitude to free election broadcasts – including their assessment of the broadcasts as a source of knowledge about candidates and parties taking part in the election campaign. The studies were carried out based on the survey questionnaire, which was compiled using the five-level Likert scale. The sample was selected by the stratifiedquota method (N = 971). The conclusions resulting from the survey suggest the need to retain the regulation that enables political entities in Poland to use free election broadcasts during election campaigns. At the same time, they point out that it is necessary to seek more advantageous forms and content to put airtime to appropriate use during the campaign period.


2020 ◽  
Vol 10 (4) ◽  
pp. 87-93
Author(s):  
Marian Hurkovskyi ◽  

The administrative measures for preventing corruption in the system of the National Police are investigated. The category �legal measures� in the context of modern scientific thought is considered in the theoretical aspect. The normative and legal framework for preventing corruption in the National Police is analyzed. During the analysis, the need to develop the institution of administrative measures for preventing corruption as the most widely used legal means in the system of preventing corruption in terms of international instruments in this field is substantiated. The significance of legal prohibitions and legal incentives in the system of administrative measures is revealed. Administrative measures for preventing corruption in the National Police bodies form a legal regime that is special in relation to the general administrative and legal regime of the public service and can be characterized as an ordinary, permanent, mostly prohibitive administrative and legal regime for preventing corruption in the National Police. The specificity of the administrative and legal regime for the prevention of corruption is defined by the formation of general provisions addressed to all public officials and special rules addressed exclusively to the police. The effectiveness of the administrative and legal regime is determined by a number of factors due to anti-corruption standards. The importance of anti-corruption standards for administrative measures of preventing corruption in the bodies, services and units of the National Police and the need of their development depending on the specifics of the unit are determined. Conceptual tasks of improving administrative measures for preventing corruption in the National Police are formulated.


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