scholarly journals Las sentencias del Tribunal Constitucional en los casos Bildu y Sortu y el fin de ciclo de la Ley Orgánica de Partidos Políticos : propuestas de reforma = Constitutional Court Sentences in Bildu and Sortu cases and the end of cycle of the political parties act 2002 (lopp) : reform proposals

2013 ◽  
pp. 555 ◽  
Author(s):  
Alexandre H. Català i Bas
Keyword(s):  
Political Parties ◽  
Rule Of Law ◽  
The Political ◽  
Constitutional Court ◽  
Democratic Institutions ◽  
The Rule Of Law ◽  
The Future ◽  
Political Project ◽  
Political Groups

Diez años de vigencia de la Ley Orgánica de Partidos Políticos (LOPP) han permitido acumular una amplia experiencia derivada de su aplicación. A lo largo de estos años, nos hemos encontrado con una variedad de estrategias fraudulentas por parte del ETA y su brazo político con el fin de estar presentes en las instituciones democráticas. A continuación se aborda el estudio de algunas de las cuestiones más importantes suscitadas alrededor de la aplicación de la LOPP. Con el caso Sortu podemos estar asistiendo al fin de ciclo de la LOPP. La Ley fue concebida para ilegalizar a aquellas formaciones políticas que apoyaban al terrorismo. Ha cumplido su cometido. Así parece entenderlo el propio Tribunal Constitucional que en la sentencia 138/2012, de 20 de junio, marca una hoja de ruta a este partido político para que en el futuro no sea ilegalizado. El Estado de Derecho ha de posibilitar que los que antes apoyaban a los terroristas puedan rectificar y puedan defender su proyecto por vías democráticas. Ha llegado el momento de reformar la Ley en aspectos tales como las previsiones relativas a la democracia interna de los partidos o la descripción de actividades racistas y xenófobas, inexistentes en la redacción actual, que pueden llevar a la ilegalización de un partido político.Ten years of the Political Parties ACT 2002 (LOPP) enforcement have allowed the Courts to accumulate a vast experience of its application. Throughout these years, we have encountered several number of fraudulent strategies by the ETA and its political wing, in order to be present into democratic institutions. This paper tries to summarise the most important issues raised by the LOPP and its application during this years. Probably, the recent Sortu judgment supposes LOPP’s end of cycle. The LOPP was designed to outlaw political groups that supported terrorism. It has already fulfilled its mission. At least, it seems the Constitutional Court opinion in its STC 138/2012, judgment which describes a roadmap to Sortu in order to avoid being outlawed again in the future. The rule of law is to enable that those who previously supported terrorists can rectify, and defend their political project through democratic means. It is time to reform the LOPP in areas such as the regulation of the internal democracy into parties, or the inclusion of racist and xenophobic activities as a cause for being outlawed.

Part III The Relationship Between the Judiciary and the Political Branches, 7 Super-presidentialism in Angola and the Angolan Judiciary

2016 ◽  
Author(s):  
Thomashausen André
Keyword(s):  
Rule Of Law ◽  
The Political ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Constitutional State ◽  
History Of ◽  
The Relationship ◽  
Parliamentary Oversight ◽  
Supply Information

This chapter recounts the history of constitutional developments in Angola leading up to the 2010 constitution. It introduces the new Angolan Constitutional Court and discusses the first and thus far only substantive decision of this Court—the Parliamentary Oversight Judgment of 9 October 2013—a serious constitutional conflict between parliament and the president. The Court held that the 2010 constitution had reduced the powers of parliament as compared to the previous text and that parliament lacked the power to question the executive or to summon ministers to hearings before it. Since these are presidential powers, the Court held, parliament may not arrogate them, though it may request the president to supply information or order his ministers before it. Although the conservative leaning of the Court in this dispute disappointed the opposition and many commentators, the judgment strengthened the rule of law and of the constitutional state.

scholarly journals Political Modernization in the Developing Countries: Challenges and Prospects

2021 ◽  
pp. 41-48
Keyword(s):  
Developing Countries ◽  
Law Enforcement ◽  
Political Parties ◽  
Rule Of Law ◽  
Political Party ◽  
Main Tool ◽  
The Political ◽  
The Rule Of Law ◽  
Transitional Democracies ◽  
Political Modernization

This paper is all about the political modernization of the developing world. The political party, Bureaucrats, Law enforcement forces have been a source of political modernization in the traditional as well as transitional democracies. But the primary duty of the political party serves as the main tool of running the state. Bureaucrats implemented the policy of government and Law enforcement force established the rule of law. Political parties, Bureaucrats, and Law enforcement forces are closely involved in bringing political modernization. Unfortunately, it is impossible to ensure political modernization without any one agent. The first part of this article is an attempt to discuss on meaning and conditions of political modernization. The second part of this study explained serious stumbling blocks in the implementation of political modernization in developing countries. The final part of the study highlights the prospects of political modernization based on different agencies like Political parties, Bureaucrats, and Law enforcement forces and makes a concluding remark on the overall concept.

scholarly journals KEPASTIAN HUKUM MENGENAI PERBEDAAN ANTARA PUTUSAN MAHKAMAH AGUNG DAN PUTUSAN MAHKAMAH KONSTITUSI TERKAIT PENCALONAN PERSEORANGAN PESERTA PEMILU ANGGOTA DPD

2019 ◽  
Vol 17 (1) ◽  
Author(s):  
Rasji . ◽  
Cinthia .
Keyword(s):  
Political Parties ◽  
Supreme Court ◽  
Rule Of Law ◽  
Constitutional Court ◽  
Court Ruling ◽  
Legal Basis ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Law And Justice

Indonesia is a country based on the law (rechstaat) whose basis is stated in Article 1 Paragraph (3) of the UUD NRI 1945. The essential principles of the rule of law based on Article 24 Paragraph (1) of the UUD NRI 1945 are the guarantee of the organizer of the power of an independent judicial institution without interference from other parties to hold a court to uphold law and justice. Ideally, the results of the two institutions' decisions do not cause problems in society. However, the results of the decisions of the two institutions are still found differently regarding the issue of nominating individual participants in the members of the Regional Representatives Council. Any other way, the results of the Constitutional Court ruling prohibited members of the Regional Representatives Council who were still in the position of administrators of political parties. Meanwhile, the decision of the Supreme Court allows candidates for members of the Regional Representatives Council who are still in the position of managing political parties. In this study, the researcher will examine the differences between the Supreme Court's decision and the Constitutional Court's decision regarding the nomination of individual participants in the Regional Representatives Council by using normative legal methods and conducting interviews as supporting data. The results of the study revealed that based on the legal basis and authority of the institution, the verdict that had legal certainty regarding the nomination of individual participants in the Regional Representatives Council election was the decision of the Constitutional Court.

Austrian Constitutional Court: Presidential Election – Analysis in the Light of the previous Jurisdiction of the Constitutional Court

ICL Journal ◽  
2017 ◽  
Vol 11 (1) ◽  
pp. 105-115
Author(s):  
Julia Dorner ◽  
Anna Volgger
Keyword(s):  
Rule Of Law ◽  
Presidential Election ◽  
Important Task ◽  
The Political ◽  
Constitutional Court ◽  
Democratic Process ◽  
The Rule Of Law ◽  
Run Off

Abstract The decision of the Austrian Constitutional Court to annul the run-off election of the Federal President in 2016 has caused a broad (and overdue) discussion in the field of voting regulations. The important task of electoral jurisdiction conferred to the Constitutional Court is highly delicate, linking the political and democratic process to the competence of the Constitutional Court to safeguard the rule of law and the constitutionality of elections.

scholarly journals Instytucje i mechanizmy polskiego i ukraińskiego systemu politycznego. Analiza porównawcza

2018 ◽  
Vol 71 (1) ◽  
pp. 171-191
Author(s):  
Wojciech Sokół
Keyword(s):  
Political Parties ◽  
Rule Of Law ◽  
Political System ◽  
The Political ◽  
Democratic Values ◽  
Political Systems ◽  
The Rule Of Law ◽  
Political Rivalry ◽  
The Subject ◽  
The Republic

The aim of the study is to compare selected elements of the political systems of the Republic of Poland and Ukraine in both structural and functional terms. The subject of the study is the genesis and direction of systemic changes, the specifi city of governmental systems, mechanisms of political rivalry and its main actors, i.e. political parties. The analysis shows that systemic solutions in Poland were characterised by greater stability, attachment to the principles of the rule of law and democratic values. In the political system of Ukraine there was quite a large dynamic of change in this area. These changes were instrumental to a greater degree than in Poland and subordinated to preferences that were dominant in particular periods.

Constitution Making in Eritrea: Why It Is Necessary to Go Back to the Future

2015 ◽  
Vol 8 (3-4) ◽  
pp. 237-272
Author(s):  
Joseph Eliot Magnet
Keyword(s):  
Human Rights ◽  
High Risk ◽  
United Nations ◽  
Rule Of Law ◽  
Power Sharing ◽  
Democratic Institutions ◽  
National Assembly ◽  
Civil Strife ◽  
The Rule Of Law ◽  
The Future

Eritrea went through a constitutional process from 1995 to 1997, which resulted in a text that provides for the rule of law, democratic institutions and human rights. The text was ratified by the National Assembly, but never implemented. The United Nations, the usa and the eu support the 1997 Constitution. They have called on Eritrea to “(i)mplement (it) fully and without further delay”. This recommendation is challenged here. Eritrea is multi-ethnic, multi-religious and multi-lingual. The 1997 Constitution creates a highly centralized Stalinist structure that experience teaches does not work in deeply diverse democracies. Eritrea requires a power sharing constitution, fabricated in a proper negotiated process. Implementing the 1997 Constitution would likely bring Eritrea’s two large nationalities into conflict with its eight smaller nationalities with high risk for violent civil strife that could spill over into neighbouring countries. This is concerning for geopolitics and would be devastating for human rights.

scholarly journals MAHKAMAH KONSTITUSI SEBAGAI NEUTRALIZER TERHADAP LEMBAGA POLITIK

2013 ◽  
Vol 2 (3) ◽  
pp. 315
Author(s):  
Ali Marwan HSB
Keyword(s):  
Political Parties ◽  
Judicial Review ◽  
Political Institutions ◽  
Constitutional Law ◽  
Political Institution ◽  
The Political ◽  
Constitutional Court ◽  
Important Process ◽  
The Future ◽  
Review Mechanism

Sebelum dibentuknya Mahkamah Konstitusi semua proses penting di negeri ini sarat dengan muatan politik, seperti tidak adanya mekanisme pengujian undang-undang, pembubaran partai politik secara sepihak dari Presiden dan impeachment Presiden dilakukan dengan alasan yang subjektif dan multitafsir. Metode Penelitian yang digunakan pada penulisan ini menggunakan metode penelitian normatif dengan dua pendekatan yaitu pendekatan sejarah dan pendekatan peraturan perundang-undangan. Hasil penelitian menunjukkan bahwa setelah dibentuknya Mahkamah Konstitusi semua proses penting yang selama ini menjadi wewenang lembaga politik dan dilaksanakan sarat dengan muatan politik menjadi kewenangan Mahkamah Konstitusi. Diharapkan di masa yang akan datang proses penting di negeri ini dilaksanakan sesuai hukum yang berlaku. Mengingat begitu besarnya kekuasaan yang diberikan kepada Mahkamah Konstitusi, untuk masa yang akan datang untuk mengisi posisi Hakim Mahkamah Konstitusi tidak diberikan lagi kepada lembaga-lembaga politik melainkan kepada suatu komisi yang terdiri dari ahli-ahli hukum tata negara yang berkompeten di bidangnya.<p>Before the establishment of the constitutional court, all important process in this country loaded with political contents, such as there is no judicial review mechanism, liquidation unilaterally the political parties by the President and presidential impeach performed with subjective reasons and multiple interpretations. This research is using normative method with a two approach namely historical and legislation approaches. The result of research shows that after establishment of the constitutional court, all important process which has been the political institution authority and implemented with laden of politics capacity has become the constitutional court authority. It is hoped that in the future all important process in this country implemented suitable with applicable laws. considering the magnitude of power who given to the constitutional court, for the future to fill the position of Judge of the Constitutional Court no longer given to the political institutions but could be given to a commission which is consisting of experts in constitutional law who competent in their field.</p>

Popular Sovereignty

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
Political Parties ◽  
Rule Of Law ◽  
Social Order ◽  
Popular Sovereignty ◽  
The Political ◽  
Political Rights ◽  
Binary Opposition ◽  
The Rule Of Law ◽  
The Social

This chapter argues that the “rule of law” is saturated with conflicting notions of the social order. In particular, judicial deployments of rival visions of the community within the concept of “popular sovereignty” (liberal and republican) exposes law’s incoherence. It argues that the coexistence of these two opposing views of the community further undermines the image of a binary opposition between legal continuity and revolutionary rupture. It traces these transformations of popular sovereignty through examining a variety of Tunisian and Egyptian rulings that relate to the political rights of former regime officials and the banning of political parties and associations. This exposition of popular sovereignty discloses a dialectical concept that is internally contradictory, the contradiction of which is momentarily resolved through its legal transformations.

scholarly journals Political Parties and the Rule of Law, Kosovo’s Perspective

2017 ◽  
Vol 5 (8) ◽  
pp. 44
Author(s):  
Luz Balaj ◽  
Florent Muçaj
Keyword(s):  
Political Parties ◽  
Rule Of Law ◽  
Political Life ◽  
The Political ◽  
Law And Order ◽  
The Rule Of Law ◽  
Scientific Analysis ◽  
The Reformation ◽  
General Scientific

The role of political parties in increasing the capacities for the rule of law and the internal development of political parties, are two issues among several ones discussed in this analysis. The reformation of political parties from nationwide movements in structured political parties was and remains a very little analyzed process. The developments in Kosovo and the solution of its final status have distracted the political parties from having the dedication towards many vital issues, such as rule of law, their internal reformation. In the end I have analyzed another issue which appears as an obstacle for substantial reforms of political parties, which is the lack of constitutional control for political parties’ programs and their way of functioning.The treatment of the organization of political life, focusing on the role of political parties and their dedication for law and order, is undoubtedly a substantial and analytical innovation, important for the political parties themselves. Having a look in general scientific analysis for political parties not only within Kosovo, we can understand that studies that treat certain segments of political parties, especially their platforms, are quite late.

scholarly journals Fraktionsausschluss. Zum Urteil des Verfassungsgerichtshofs Rheinland-Pfalz vom 29. Januar 2019 – VGH O 18/18

2019 ◽  
Vol 50 (2) ◽  
pp. 299-305 ◽  
Author(s):  
Siegfried Jutzi
Keyword(s):  
Rule Of Law ◽  
The State ◽  
The Political ◽  
Constitutional Court ◽  
Right Wing ◽  
The Rule Of Law ◽  
Political Group ◽  
Group Assembly ◽  
O 18 ◽  
Alternative For Germany

A member of the Rhineland-Palatine state parliament failed in his appeal to the state Constitutional Court against his expulsion from the parliamentary group AfD (Alternative for Germany) . His parliamentary group had excluded him due to his contacts to right-wing extremists . Expulsions of this type are subject to a decision by the political group assembly, which must be taken in accordance with a minimum procedure under the rule of law and must be free from arbitrariness . The Constitutional Court regarded these conditions as given and emphasized that the parliamentary group had considerable room for maneuver in this respect which is not subject to constitutional control . This applies both to the investigation and to the assessment of the facts underlying the expulsion from the group .

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