- Year of publication: 2020
- Source: Show
- Pages: 5-16
- DOI Address: -
Election silence is a legally determined period that typically begins directly before Election Day and lasts until the voting comes to an end. During the election silence, it is forbidden to conduct “any form of electoral agitation aimed at promoting a particular candidate, list of candidates or electoral committees participating in the election among voters”. Due to the rapid development of new media, particularly the Internet, many experts argue that in the age of digital media it is no longer enforceable. Thus, the main purpose of this paper is to answer the question of whether or not it is justified to retain the current regulations on election silence. These considerations are supported by quantitative surveys conducted by the author, as well as the survey realized by the Public Opinion Research Center (CBOS).
The European Commission for Democracy Through Law was created in 1990 and for the last three decades has adopted a number of documents of related to electoral standards in democratic states. They include legal opinions on national laws (or draftlaws), as well as documents of a more general nature, concerning specific topics (studies, reports). In this article, the author aims at presenting the main documents that include the electoral standards developed by the Venice Commission. However, as the opinions of the Venice Commission are not binding, the second part of this contribution presents the way this contribution of the Venice Commission is taken into account in the jurisprudence of the European Court of Human Rights in cases concerning the alleged violations of the right to free elections.
On the basis of the Constitution of the Republic of Poland, the binding effect of the result of the vote in a nationwide referendum depends on attainment the attendance threshold. This threshold was determined as participation in a referendum of more than half of persons entitled to vote. The systemic argumentation in favor of establishing this threshold proves to be weak and unconvincing. The constitutional regulation is characterised in this scope by inconsistency in the form of not covering the constitutional referendum by the requirement of the attendance threshold. Furthermore, the desire to ensure the legal effectiveness of the outcome of the vote in the referendum results in extending time of the vote in the referendum. The conclusion includes the proposal to introduce an amendment to the Constitution consisting in resigning from the threshold in question.
demokracja bezpośrednia zmiana Konstytucji RP referendum ogólnokrajowe próg frekwencyjny amendment to the Constitution of the Republic of Poland direct democracy nationwide referendum attendance threshold
Youth Councils provide an excellent way to involve young people in civil activities. They are established by groups of young people selected by their peers in democratic elections usually organized in schools. Youth councilors are the representatives of all young people in a given territory. Their activity aims at increasing the sensitivity of local authorities to the needs of young people and giving opinions on the activities of local governments. It is their task to show that every person, including youngsters, can exert an impact on their surroundings. The establishment of Youth Councils can be beneficial for both parties: young people can take an active part in decision making, while local authorities can draw new ideas and inspiration from their cooperation with the young.
The conduct of free elections depends to a large extent on the efficient functioning of electoral bodies. The doctrine distinguishes a number of models of functioning of election administration bodies. The standards of functioning of electoral bodies at the European level are defined by the standards of the Venice Commission, and in particular the Code of Good Practice in Electoral Matters. In Poland, after World War II, the adopted model of election administration did not meet democratic standards. It was only after 1990 that the State Election Commission was established as a permanent body consisting exclusively of judges of the Supreme Court, Constitutional Tribunal and Supreme Administrative Court. This concept was abandoned in an atmosphere of massive criticism of the judiciary. Although the model adopted now does not directly violate international standards, it seems to be a step backwards from the regulations existing after 1990.
elections electoral law State Election Commission electoral code judges Code of Good Election Practice Venice Commission wybory ordynacja wyborcza Państwowa Komisja Wyborcza kodeks wyborczy sędziowie Kodeksie Dobrej Praktyki w Sprawach Wyborczych Komisja Wenecka
The article examines the thesis that the electoral law in Poland is treated instrumentally. Changes of postal voting regulations in Poland have been collated with solutions applied in other countries. The analysis focuses on the motivation politicians had to revise the Election Code and introduce postal voting. The article indicates to the ad hoc nature of solutions adopted and their short-term political benefits for various political groupings. The discussion focuses on the course of political actions related to the presidential election in Poland during the coronavirus pandemic.
The Fixed-term Parliaments Act, which entered into force in 2011, introduced completely new regulations on the dissolution of Parliament and the duration of its mandate. It repealed the royal prerogative under which the queen, on the advice of the Prime Minister, had the power to dissolve Parliament at any time, which would ultimately lead to parliamentary elections. Despite the introduction of a fixed parliamentary term, constitutional practice, in particular the precedents of 2017 and 2019, have shown that the fundamental objectives of the new act, i.e. to ensure the stability of governments and to prevent the Prime Minister’s manipulation of the election date for political gain, can be easily undermined. This article attempts to analyze and evaluate the functioning to date of the Fixed-term Parliaments Act 2011 in the UK constitutional system and to examine the possible implications of repealing the Act for the functioning of the UK Constitution.
The aim of the article is to indicate the prevalent features of the Polish process of constitutional and systemic changes in Poland in 1989-1997. It was assumed that the Polish process of constitutionalization was characterized by a number of specific features which were interrelated and dependent on each another. The aim of the paper is to recognize the phased character of the changes as the first feature of the political transformation process in Poland, whereas compromise should be regarded as its basic attribute. Other specific features (presented in the subsequent parts of the article) include: evolutionary, temporary, and pragmatic nature of the process.
The article is entirely devoted to the issue of adopting the resumption of voting in the Sejm of the Republic of Poland. It concerns all the aspects of this institution, starting with genesis, through its systemic ratio legis, and ending with the material premises and the procedural mechanism of its application. The main goal is to analyze the normative content of the legal solutions in force in this area and, at the same time, to present selected experiences of political system practice. Focusing on these elements, the author answers the question of necessity of establishing the Article 189 of the Standing Orders of the Sejm, as well as the limits of using the institution of resumption in parliamentary practice. These efforts are accompanied by in-depth reflection on what should be changed in the content of the mentioned provision in order to make resumption an even more effective tool for verifying parliamentary votes.
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