Representative Democracy

Author(s):  
Erin R. Hochman

This chapter examines the efforts to create a republican holiday in each state. Although republicans in Germany were never able to declare an official state holiday, they managed to stage a de facto republican celebration that included Germans from different political, social, and religious backgrounds. In Austria, the situation regarding a holiday presented the opposite scenario. The Austrian National Assembly easily passed a law creating a holiday to commemorate the founding of the republic, but the yearly commemoration only served to reinforce the divisions between the socialist and Catholic parties in Austria. These different political contexts also explain why the Austro-German republican partnership included socialists, left liberals, and Catholics in Germany and only socialists in Austria.

Author(s):  
Andrey Irkliienko

he Constitutional Council of France is a body of constitutional control established by the Constitution of 1958. The ConstitutionalCouncil is not the only body that carries out the control over constitutionality. The peculiarity of constitutional control in France consistsin the fact that it has a dual nature and goes beyond well-known models of constitutional control. The constitutionality of acts, issuedby the Parliament, is considered by the Constitutional Council, and after the executive bodies do that, it is passed on to the State Council.Despite the fact that the Constitutional Council is not nominated by a court, its decisions, by their essence, are judicial acts and,likewise the decisions of the Constitutional Court of Ukraine, are endowed with the property of binding force. They are obligatory forall administrative and judicial bodies and are not subjected to revision (the Paragraph 3 of the Article 62 of the French Constitution).However, it should be taken into account that in addition to binding decisions, the Constitutional Council “expresses opinions” that areadvisory in their nature.In addition to carrying out constitutional control, the Constitutional Council has a number of other functions, such as political,advisory and acts as a court to assess the results of elections of deputies to the National Assembly and the Senate, and elections of thePresident of the Republic. Perhaps that is why the Constitutional Council classifies its decisions due to the types of its own powers.Herewith, the noted specific peculiarities are denoted by the Constitutional Council with the help of fixed letter combinations, which are included in the numbers of decision: REF, enacted on referendum issues; ORGA, enacted on issues of the organization of the Cons -titutional Council, etc.Since, despite all the diversity of functions of the Constitutional Council of France, therefore, its main purpose remains the cons -titutional control. Therefore, using the criterion of powers, under which decisions are made, in terms of initial graduation one shouldpoint out the decisions on issues, which are connected with providing compliance of the Constitution with regulatory acts (assuring thepriority of the Constitution), and decisions passed while carrying out other powers.Decisions of the Constitutional Council outstand with being formal and brief. A decision can take literally a few paragraphs. Themost frequently, the Constitutional Council merely refers to a constitutional norm or is limited to the phrase “these provisions do notcontradict the Constitution”, giving guidance and justifying its position in the least.


2020 ◽  
pp. 80-88
Author(s):  
Y. Stoilov

The article compares conditions and procedures for the adoption of Constitution and amendments to thecurrent constitution between the Republic of Bulgaria and the Republic of Kazakhstan. The criteria used inthe legal theory for the classification of the constitutions according to the way of their change are used. Bothconstitutions refer to the category of the hard. Bulgaria has a solid core of the constitution, which can onlybe changed by a specially elected institution — a Great (Grand) National Assembly. In Kazakhstan there areeven texts that are not subject to change. The experience of several changes to the two basic laws has beenconsidered. Whit them some of the questions have been answered by juridical theory and practice, whileothers remain open. At the end, conclusions are drawn from the parallel between the changes to the bothconstitutions, some of which are of universal significance.


2020 ◽  
Vol 9 ◽  
pp. 465-471
Author(s):  
Suparnyo ◽  
Subarkah

The Indonesian Constitution that has been directed to provide social welfare through a legal system and popular democracy led by wisdom in the representation of representatives has become the legal ideals (Rechsidee) of the Indonesian people as intended in the opening of the 1945 Constitution of the Republic of Indonesia. The phrase “inner wisdom” is interpreted as a unity of words and the core “deed” of which is taqwa, and “deliberations amongst representatives” is interpreted as representative democracy in the MPR, instead of direct democracy which actually produces something that is counterproductive.


2021 ◽  
Vol 1 (1) ◽  
pp. 199-206
Author(s):  
Maja Briški ◽  
Bojan Verbič

Abstract Regarding the situation related to Covid-19, the National Assembly of the Republic of Slovenia in the spring of 2020 wanted to change the way of participation in the sessions of the National Assembly and its working bodies by means of information and communication technology. The main purpose and gole was that even in the case of physical absence of some of MPs, the National Assembly could still perform its constitutionally determined role. With a view of remote participation (debate and voting), the rules of procedure had to be amended first. The article deals with legal dilemmas when changing the rules of procedure and with subsequent technical realisation.


1993 ◽  
Vol 49 (4) ◽  
pp. 513-530
Author(s):  
Steven Palmer

In his 1884 address to the National Assembly, President Justo Rufino Barrios gave a glowing report of a polity fired by the torch of Liberal progress. “When I see the movement and the animation in everything and everywhere, in our streets, in our plazas, in our roads and in our ports, I cannot repress a feeling of vanity.” He extolled not only commerce and new technology, but model prisons, a disciplined professional army, and “a school in the most miserable town and in the most hidden corner.” This is a world of flowing capital, technological linkages, and the ceaseless penetration of enlightenment into every corner of the Republic, where before there had been only a “dark mansion of apathy, of immobility, of stagnation and silence,” and where now we (Guatemalans) “can say that we have–if not everything–almost everything.” The Utopian rhetoric masked a rather different and sorry reality. Still, to paraphrase Benedict Anderson, the succession of possessive plurals in Barrios' speech–our streets, our plazas, our roads–assured the listener of a solid sociological and political entity that can onlybeGuatemala. Surely Barrios spoke from the solid foundations of a Liberal nationalist certainty?


2001 ◽  
Vol 46 (S9) ◽  
pp. 185-207 ◽  
Author(s):  
Rebecca Nedostup ◽  
Liang Hong-Ming

The premise of the Nationalist government at Nanjing (1927–1937) rested on a precarious balance of democracy and paternalism. The Nationalists drew their power from China's citizens, but they also subjected them to a regimen of training and control. Petitions from the “Nanjing decade” highlight the resulting tensions between government and the governed. Citizens from all walks of life accepted the ruling party's invitation to participate in the construction of the republic. Yet they also used petitions to seek redress when they believed the Nationalists had fallen short of their obligations. These documents mark a turbulent period of transition from imperial rule to representative democracy. They also characterize an era when new political ideas, new media, and new social organizations helped people take an old device and transform it into a useful weapon for asserting their rights as modern citizens.


Author(s):  
Miloš Grujić ◽  
Perica Rajčević

The aim of the research is to address the challenges that may be a constraint on economic growth and development. In the research, we used the relevant literature and acts that were in front of the delegates at the National Assembly of Republic of Srpska. The research question is: "What are the main characteristics of the Republic of Srpska's debt?" In line with this, the methods employed in this paper are the analysis and synthesis of previous researchs, theoretical findings and publicly accessible documents pertaining to the debt of Republic of Srpska, and an overview of the case studies.  The contribution of the paper is reflected in the explained wideness and the possibilities of using different sources of money, and the limits on which the debts can be used in order to achieve sustainability tasks. We have concluded that this year, the Republic of Srpska bill has reached the largest amount of debt – KM 858 million (755 million principal and 103 million interest). In line with the presented evidence, priority should be given to projects that would be financed by advantageous credit arrangements and to rationalize public spending. Despite the usual opinion, we have proven that the debt of the Republic of Srpska is sustainable - the average interest rate is lower than the GDP growth rate and that, although unpopular, the currency board system corresponds to the position of Republic of Srpska. However, we have pointed out the danger of stereotype that the public debt of less than 60% necessarily indicates that the country is in a good position.


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