scholarly journals Guinea

2020 ◽  
Vol 20 (316) ◽  
Author(s):  
Keyword(s):  
Presidential Elections ◽  
Constitutional Court ◽  
Mining Sector ◽  
Real Growth

Real growth is expected to reach 5.2 percent in 2020 as the severe impact of the pandemic in the country was partially mitigated by a resilient mining sector. Presidential elections were held on October 18, giving President Condé an outright victory. Such results were contested by the opposition and followed by violent demonstrations and unrest. Since the Constitutional Court validated the electoral results on November 7, the situation has remained calm.

Tunisia pre-poll tactics reveal democratic flaws

2019 ◽  
Keyword(s):  
Presidential Elections ◽  
Democratic Transition ◽  
Constitutional Court ◽  
Opinion Poll ◽  
Electoral Process ◽  
Content Type ◽  
Charitable Organisation ◽  
The Law ◽  
The Government ◽  
Electoral Law

Significance Tunisia will hold legislative and presidential elections on October 6 and November 10, respectively. On June 18, parliament passed an amendment to electoral law barring individuals who use their media or other organisations for campaigning from running for office. Karoui was the frontrunner to win the presidency in a June 12 opinion poll published by Sigma Conseil, but will be prevented from running if the law enters force. He owns Nessma TV, which has been critical of the government, as well as a charitable organisation. This makes the amendment look as though it is targeting individuals who could threaten the major parties’ control of government. Impacts Tunisia may have set a precedent for preventing media personalities or wealthy populists from using their influence to become politicians. The ruling coalition may lose support if it is seen to be manipulating the electoral process to ensure victory. This case highlights the urgency of establishing a constitutional court to protect Tunisia’s democratic transition and consolidation.

scholarly journals AKIBAT HUKUM REGULASI TENTANG THRESHOLD DALAM PEMILIHAN UMUM LEGISLATIF DAN PEMILIHAN PRESIDEN

2019 ◽  
Vol 12 (1) ◽  
pp. 17
Author(s):  
Sholahuddin Al-Fatih
Keyword(s):  
Presidential Elections ◽  
Court Decision ◽  
Constitutional Court ◽  
National Scale ◽  
Legal Policy ◽  
Presidential Candidates ◽  
General Elections ◽  
Electoral Law ◽  
Democratic Country ◽  
Legislative Election

ABSTRAKIndonesia telah menyelenggarakan 11 kali pemilihan umum (pemilu) sejak tahun 1955. Hingga saat ini, rezim hukum pemilu telah melahirkan banyak regulasi dan ketentuan baru, seperti aturan tentang threshold atau ambang batas. Putusan Mahkamah Konstitusi Nomor 52/PUU-X/2012 menyatakan bahwa Pasal 208 Undang-Undang Nomor 8 Tahun 2012 tentang Pemilu Legislatif terkait dengan ambang batas parlemen (parliamentary threshold) sebesar 3,5% tidak berlaku secara nasional. Melengkapi putusan tersebut, Mahkamah Konstitusi melalui Putusan Nomor 14/PUU-XI/2013 menyebutkan bahwa pemilu tahun 2019 berlaku secara serentak, yang secara yuridis berdampak pada pola penerapan threshold. Rumusan masalah yang akan diurai dalam penelitian ini adalah bagaimana akibat hukum regulasi tentang threshold dalam pemilihan umum legislatif dan pemilihan presiden pasca Putusan Mahkamah Konstitusi Nomor 52/PUU-X/2012 dan Nomor 14/PUU-XI/2013. Metode yang digunakan dalam penelitian ini adalah metode penelitian yuridis normatif. Hasil penelitian menunjukkan bahwa dalam konteks negara demokrasi, ambang batas atau threshold diterapkan sebagai batas untuk menyaring kandidat anggota legislatif ataupun presiden yang bersifat open legal policy dan diserahkan kepada pembuat undang-undang.Kata kunci: pemilihan umum legislatif, pemilihan presiden, ambang batas. ABSTRACTIndonesia has held 11 general elections since 1955. Up to now, the regime of general electoral law has given birth to many new regulations and provisions, such as regulations on threshold. The Constitutional Court Decision Number 52/PUU-X/2012 states that Article 208 of Law Number 8 of 2012 concerning the Legislative Election with a parliamentary threshold of 3.5% does not apply on a national scale. Complementing the ruling, the Constitutional Court through Decision Number 14/PUU-XI/2013 states the 2019 general election applies simultaneously that it may bring juridical effect on the pattern of threshold application. The formulation of the problem to be explained in this analysis is how the legal impact of the regulation on threshold in legislative and presidential elections after the issuance of Constitutional Court Decision Number 52/PUU-X/2012 and Number 14/PUU-XI/2013. This analysis uses a normative juridical research method. The results of the study show that in the context of a democratic country, the threshold is applied as a limit to filter out presidential candidates or legislative members, which is open legal policy and submitted to lawmakers. Keywords: legislative election, presidential election, threshold. 

scholarly journals PENERAPAN KEDAULATAN RAKYAT DI DALAM PEMILIHAN UMUM DI INDONESIA BERDASARKAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

2020 ◽  
Vol 6 (1) ◽  
pp. 51-71
Author(s):  
Ofis Rikardo
Keyword(s):  
Presidential Elections ◽  
Vice President ◽  
Popular Sovereignty ◽  
Constitutional Court ◽  
State Institutions ◽  
The People ◽  
Democratic System ◽  
The Government

ABSTRACTElections are a means of implementing the sovereignty of the people regulated in the 1945 Constitution. In the implementation of indirect democracy, a representative democratic system is inevitable, so that elections that uphold direct, public, free, secret, honest and fair spirit are a means of regenerating leadership politics to run the government both at central and regional levels. People as the owner of the highest sovereignty surrender their sovereignty to state institutions such as the President, DPR, DPD, and DPRD through elections. After the change in the 1945 Constitution there was a shift in the regulation of popular sovereignty such as the MPR is no longer the executor of popular sovereignty, the implementation of direct presidential elections by the people, until the emergence of the Constitutional Court that can try and decide the president and vice president to stop in his term of office. All of this is an effort to uphold the people's sovereignty and at the same time to maintain the people's sovereignty based on the 1945 Constitution. Keywords: People's Sovereignty, Elections, 1945 Constitution

scholarly journals Maccsand (Pty) Ltd v City of Cape Town 2012 (4) SA 181 (CC)

2017 ◽  
Vol 15 (5) ◽  
pp. 537
Author(s):  
Nic Olivier ◽  
Clara Williams ◽  
Pieter Badenhorst
Keyword(s):  
Cape Town ◽  
Mineral Resources ◽  
Functional Domains ◽  
Constitutional Court ◽  
Functional Domain ◽  
Mining Sector ◽  
Investor Confidence ◽  
Land Owners ◽  
Petroleum Resources ◽  
Resources Development

The Constitutional Court in Maccsand (Pty) Ltd v City of Cape Town (CCT 103/11) 2012 ZACC 7 decided that the granting of mining rights or mining permits by the Minister of Mineral Resources in terms of the Mineral and Petroleum Resources Development Act 28 of 2002 does not obviate the obligation on an applicant to obtain authorisations in terms of other legislation that deals with functional domains other than minerals, mining and prospecting. This applies to all other legislation, irrespective of whether the responsible administrator of such other legislation is in the national, provincial or local sphere of government. The effect of the decision is that planning and other authorities which derive their statutory mandate and powers from other legislation retain all their powers as regards planning and rezoning, for instance. In addition, the Minister of Mineral Resources cannot make a decision on behalf of, or for, such functionaries. The judgement also clarified the question of whether or not a national Act can supersede provincial legislation dealing with a distinctly different functional domain. In principle, the decision also indicates that the fact that a range of authorisations are required in terms of separate statutory instruments (each with its own functional domain and administered by its own functionary) does not necessarily amount to conflicts between these instruments. An owner of land may now insist that his land may not be used for mining purposes if it is not zoned for such purposes. It is submitted that, in order to provide certainty to land owners, developers and government functionaries, and to promote investor confidence (especially in the mining sector), an intergovernmental system for the consideration of applications by the functionaries responsible for the separate statutory instruments needs to be developed as a high priority.

Adjudication of Disputed Presidential Elections in Africa

2021 ◽  
pp. 361-400
Author(s):  
O’Brien Kaaba ◽  
Charles M Fombad
Keyword(s):  
Coercive Force ◽  
Supreme Court ◽  
Presidential Elections ◽  
Constitutional Court ◽  
African Countries ◽  
Electoral Violence ◽  
Intense Competition ◽  
Election Results ◽  
Almost All ◽  
And Control

In almost all countries, the presidency is the most powerful and coveted position. Not only does it give access to, and control of, the country’s resources, but it also allows the incumbent control of the use of coercive force. It is thus little wonder that most of the post-electoral violence in Africa has centred around presidential elections. The reintroduction of multipartyism in the 1990s brought about intense competition for this most coveted position, and over the years the frequency of disputes as well as their intensity and threat to Africa’s fledgling constitutionalism have increased. Although most of these disputes have ended up before the courts, there has been no systematic attempt to understand how the courts deal with such disputes. This chapter intends to fill this gap in the literature. Adapting a comparative perspective, it begins by examining the mechanisms different African countries use to adjudicate disputed presidential results, and then looks at the main trends in the decisions courts have taken in this regard. Despite the range of mechanisms and procedures that exist, with the exception of the unprecedented decisions of the Kenyan Supreme Court and Malawian Constitutional Court nullifying the results of presidential elections in 2017 and 2020, respectively, the courts or adjudication bodies in all other cases have confirmed the election results. This chapter will try to find out why this is so and what lessons can be learnt from the decisions.

COVID-19 may prompt more Malawian election controversy

2020 ◽  
Keyword(s):  
Supreme Court ◽  
Presidential Elections ◽  
Constitutional Court ◽  
Court Ruling ◽  
Content Type ◽  
Legal Challenge ◽  
The Supreme Court ◽  
Electoral Reforms ◽  
The Government

Subject Malawi election controversies. Significance The Supreme Court is currently hearing a legal challenge to February’s Constitutional Court ruling nullifying last year’s election of President Peter Mutharika. While fresh presidential elections are now set to take place on July 2, Mutharika continues to dispute the nullification of last year’s result and has refused to give his assent to recent electoral reforms. Now there are concerns over whether a credible new poll can be held amid a State of Disaster and a proposed nationwide lockdown to combat COVID-19. Impacts Recent attempts by the government to tackle longstanding grievances among the army are likely an attempt by Mutharika to keep it on side. International actors are unlikely to condemn any fresh polls strongly, even if there are concerns over their credibility. Public protests could be reignited if Mutharika reappoints the MEC’s tainted leadership or elections are delayed.

scholarly journals Election Design Following Constitutional Court Decision Number 14/PUU-XI/2013

2017 ◽  
Vol 2 (2) ◽  
pp. 216 ◽  
Author(s):  
Fajar Laksono ◽  
Oly Viana Agustine
Keyword(s):  
Presidential Elections ◽  
Vice President ◽  
General Election ◽  
Court Decision ◽  
Constitutional Court ◽  
Original Intent ◽  
Major Implication ◽  
General Elections ◽  
The Will ◽  
Legal Condition

The major implication from Constitutional Court Decision No. 14/PUU-XI/2013 is that the Constitution promotes fundamental changes to the design of the general election regarding both process and substance. Therefore, in order to uphold the Constitution, efforts are required to reconstruct the design of the general election, particularly so that elections are conducted in accordance with Decision No. 14/PUU-XI/2013 as a representation of the spirit and the will of the 1945 Constitution. Essentially, the current norm regarding the implementation of general elections following the election of members of the representative institution is not consistent with the stipulations in Article 22E Paragraph (1) and Paragraph (2) and Article 1 Paragraph (2) of the 1945 Constitution. Constitutional Court Decision No. 14/PUU-XI/2013 aims to realign the implementation of the elections with the intentions of the 1945 Constitution. Through implementation of the original intent method and systematic interpretation, the Constitutional Court offered its interpretation that the framers of the amended Constitution intended that general elections have five ballot boxes, with the first for the People’s Representative Council (Dewan Perwakilan Rakyat, DPR), the second for the Regional Representative Council (Dewan Perwakilan Daerah, DPD), the third for the president and vice president, the fourth for the Regional People’s Representative Council (Dewan Perwakilan Rakyat Daerah, DPRD) at the provincial level and the fifth for the DPRD at the regency level. Thus, it can be concluded that the presidential elections should be conducted simultaneously with elections of members of the representative bodies. Through this decision, the Constitutional Court revoked the prevailing norm, such that Presidential Elections and Elections of members of representative bodies were no longer valid because they violated the 1945 Constitution. The Constitutional Court introduced a new legal condition that obligated General Elections to be held simultaneously.

scholarly journals Guinea

2019 ◽  
Vol 19 (275) ◽  
Author(s):  
Keyword(s):  
Social Context ◽  
Presidential Elections ◽  
Legislative Elections ◽  
Social Unrest ◽  
Strong Growth ◽  
The Social ◽  
Social Tensions ◽  
Real Growth

Guinea’s strong growth momentum continues. Real growth is estimated at 5.8 percent in 2018 and expected at about 6 percent in 2019–20. The social context remains fragile. Social unrest, strikes and protests marred 2018. While strikes have subsided so far in 2019, political and social tensions are intensifying due to delays in the legislative elections and questions related to the 2020 presidential elections.

scholarly journals Guinea

2020 ◽  
Vol 20 (111) ◽  
Author(s):  
Keyword(s):  
Presidential Elections ◽  
Baseline Scenario ◽  
Legislative Elections ◽  
Social Instability ◽  
Policy Responses ◽  
Construction Activity ◽  
Real Growth

Real growth is expected at 5.8 percent in 2020, supported by rebounding mining production and investment-led construction activity. Legislative elections and a referendum for a new constitution will be held in March and presidential elections by end-year. Protests against the referendum are ongoing. Risks of political and social instability are high. Covid-19. The baseline scenario is based on the initial global downward revisions to growth due to the COVID-19 outbreak and assumes no outbreak in Guinea. As of March 10, 2020, there was no declared coronavirus case in Guinea. As the situation evolves, the country authorities and staff are keeping a close watch on macroeconomic developments, needed policy responses, and their impact on financing needs.

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