- Year of publication: 2010
- Source: Show
- Pages: 250-251
- DOI Address: -
Modern civilization depends on information. Freedom of information implied fre- edom of seeking, asking, demanding, getting and spreading informations (knowledge about reality) is exercised by mass media and has new challenges and emer- gency. Internet has changed the media environment – convergence of media and new features of communication by net (personalized, timeless, transfrontier, interacti- ve) has changed also the sense and function of freedom of information exercised by media. Process of communication is very fast, depended on market of information and its rules, in consequence informations must be broadcasted fast, cheap and in easy way. Journalists are replaced by PR agencies, agenda setting, gatekeeping and mainstreaming – as means to make informations easier and well selled replaced traditional way of broadcasting. This process causes the transformation in quality of information and its function in understanding of the contemporary world. The law of media hasn’t any effective remedy to stop this process.
The analysis includes an attempt to represent various remarks associated with the electoral engineering, based on the experience of the Republic of Czech, where brand-new electoral system was adopted in the early 90s. Constitutional engineering was used at first as an instrument of analysis determining if modifications of the former electoral system are possible and how would various revisions influence performance of particular political party’s interests. The analysis led to a conclusion that there is no universal patent for electoral systems. There are no guarantees that the same regulation would function in the exact same manner as it does in the Republic of Czech and in the Republic of Poland, not even mentioning other countries located in different regions or continents. It is obvious that every country requires a sovereign decision in respect to the electoral system. Therefore, proposals of so called specialists suggesting taking over regulations following the British system (relative majority), Irish system (single transferable vote formula), or German system (personalisierte Verhältniswahl) should be recected. Rejection of the above-mentioned proposals stems from the fact that a par- ticular electoral system will function differently in every country, depending on various circumstances.
The ongoing public debate in Poland concerning the implementation of equality instruments in the electoral law requires a legal analysis of these institutions, especially because the proposal of amendments was the effect of that debate. It is important that, it is necessary here to distinguish the quotas, specifying the minimum proportion of one sex on voting lists or the representative bodies and the parities, which define the equal participation of both sexes. Both these instruments are to- day in normative acts in many states, but their way of shots, like the non-execution and consequences of such a requirement is different. The regulations could be different to parties which unrealized formal requirements. As a consequence they could prove to deny the possibility of the electoral lists registration or they could only know the financial restriction. The problem of the gender equality on the election lists can be considered as a violation of principle of equality of elections, especially when it directly changes the result of the election. On the other hand, it provides increasing equality in parliament. It should be noted that the regulations identical with the Polish proposal had never been introduced. That proposition which states that the number of women on electoral lists may not be less than 50%, violates the constitutional principle of equality.
Many European countries show tendency to increase the participation of the sovereign, i.e. citizens, in the revision of the constitution. Generally, the citizens may directly participate in the procedure of constitutional revision by means of the folowing solutions: civil initiative, a priori referendum, elections preceding the adop- tion or re-adoption of the constitutional revisions, a posteriori referendum passing, approving or abrogating the revisions and adoption of the constitutional revisions by a referendum. The above-mentioned institutions have not been adopted in 10 European countries, though it is hard to indicate any other difference than the non-application of civil participation institutions in the course of constitutional revisions. It maybe considered surprising that among the countries, apart from Principality of Monaco and State of the Vatican City, are the United Kingdom, the Federal Republic of Germany, Czech Republic, the Republic of Slovakia, the Republic of Portugal, the Republic of Cyprus, the Republic of Greece and Republic of Bosnia and Herzegovina.
For many years international humanitarian law (IHL) and human rights law (HR) used to be separated branches of law applied in different situations and circumstances. Depending on the state of international relations human rights law as “law of peace” or international humanitarian law as “law of war” (ius in bellum) had to be chosen. On the other hand human rights were a domain of a classical state’s constitutional law whilst IHL was a subject of interstate treaties. Even despite shared common values such as human dignity or humanitarianism, paths of both legal systems have not crossed with each other at least until the end of sixties or seven- ties of the twentieth century. Changes which have occurred during last 30 years in international relations as well as appearance of new forms of armed conflicts forced scholars as well as international judicial bodies to consider a shift in previous standard and narrow way of legal interpretation. The author of the article presents dif- ferent historical roots of both legal branches of law as well as contemporary challenges related with their frequent penetration in circumstances of modern armed conflicts such as in Balkans, Turkey, Russia or Iraq.
On February 13, 1980, the Great and General Council of San Marino adopted a law which finally abolished the titles of nobility. The mere fact of granting nobility by the government of republican state deserves attention. Granting nobility was from the very beginning related to the acquisition of San Marino citizenship. It was granted mainly to gain support among the rural gentry. Later, a honorary citizenship of San Marino became a prestigious award – an expression of gratitude for contribution made to the republic or recognition of outstanding achievements in the arts and culture. It was granted for life or hereditarily. Adopting the Nobility Law of 1931 was probably an attempt to use the institution of nobility to legitimate the new Fascist regime. In 1946 that law was repealed. In 1980 granting of nobility titles was finally prohibited. The article describes the 500 year history of the nobility in San Marino and its regulation, as well as tries to answer the question about the functions of nobility in the republic.
Participatory democracy, which provides citizens with the opportunity to influence the decision-making process in a direct way, has become an important element of a public life both on the national and local level. One of the forms of participatory democracy, which is becomming popular on the local level is “participatory budgeting” („orçamento participativo”). In a shortcut, it can be described as a democratic procedure that makes people able to decide on a local budget, engaging them on all levels of a budget procedure – proposals, allocation and control over its execution. The institution is not uniform, as it always depends on the social, political and economic environment in which it has been implemented. For the first time participatory budgeting was successfully introduced in a Brazilian town Porto Alegre in 1989 and since than it has been spread over the world, including many cities in Europe.
Presented paper aims at different forms of civic participation and especially focuses on Local Action Groups. First part of presented paper includes considerations relative to the idea of social participation and practical aspects of its introduction. The follow-up with presented article takes over different forms of civic participa- tion at local level which were provided by legal regulations (direct forms of participatory democracy). The paper also focuses on solutions based on cooperation of sector partners. Local Action Groups, created within the framework of LEADER+Programme, are the example of three-part cooperation. The main purpose of the LAG creation was to support local development in rural areas. The next aspect of mentioned programme was to activate the residents of rural areas. The LAG are interesting subject for further researching because of its special legal status, the way of emergence and the mechanisms of supervision. Established rules of the LAG running, can cause weakening of the idea of the rank-and-file initiative and participation and reducing social community commitment.
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