The paper aims to introduce the concept of constitutional liability of the President, and the institutions of the President’s constitutional liability. The author presents the liability and its relations with other types of head of state’s liabilities. The presented analysis includes all European countries. 

The British political system is unusual in many aspects. First of all, Britain lacks a written constitution. The country’s political system has long appeared a model of stability in a changing world. It should be noted that European integration has had a considerable impact on the British political system. However, the election of Tony Blair government in 1997 was a starting point towards serious constitutional reforms. One of the most important was the devolution and The House of Lords reform. Apart from it Human Rights and Freedom of Information Act were introduced. In 2000 a directly elected mayor of London was elected. In 2010 a coalition government was established with David Cameron as the Prime Minister from the Conservative Party. The second were the Liberal Democrats. This coalition in itself was unusual in Britain’s post-war history. The set of changes in the British political system was an important part of the coalition agreement. The first stage was The Parliamentary Voting System and Constituencies Act 2011 which provided for a referendum on the voting system for UK Parliament and reduced the number of constituencies. The second was The Fixed-term Parliaments Act 2011 which set the date of the next general election as 7th May 2015 and on the first Thursday in every fifth year there after. There are only two circumstances when early elections can be held. The Monarch no longer dissolves Parliament, but the Act does not affect her/his power to prorogue Parliament. In 2011 proposed reforms to the royal succession were also announced. They changed the rules of succession and the fi rst-born child of a monarch would be heir apparent regardless of gender. Apart from it there were plans to reform the House of Lords again. Its current serving members were to be replaced by a semi-elected house of as few as 300 members (240 elected and 60 appointed). The plans failed, because they did not gain acceptance. Constitutional changes since 1997 have been extensive, but there was no holistic view on the reform process. Nowadays the country faces the possible separation of Scotland, which could lead to the breakup of the United Kingdom. It could be a revolutionary change of the British political system. However, there are close links between Scotland and the rest of the country and in all probability the status quo will prevail.

The article presents the latest trends in the electoral legislation of the Republic of Uzbekistan, which has passed successive evolutionary way of formation and development since independence. It is carried out a planned systematic work on improvement of electoral legislation in view of own national experience in conducting democratic elections and a referendum.

The adoption of new norms of electoral laws will contribute to the full implementation of the principle freedom of choice, the further democratization of the electoral system of Uzbekistan, strengthening the principles of openness and transparency of the elections.

Amending a constitution or replacing it with a new one is never easy. Even if politicians usually have a lot of ideas how it should be done, the real problem is to put these ideas into practice. If the President Duda’s initiative is to succeed, so in other words – if such a referendum is to be held, the consent of the Senate of the Republic of Poland, i.e. the second chamber of the Polish parliament is needed. According to the Article 125 of the current Constitution the consent of the Senate is given “by an absolute majority vote taken in the presence of at least half of the statutory number of Senators”. And while Law and Justice has such an absolute majority of seats in the Senate, it is difficult to say with certainty whether today, in the face of a rather tight relationship between President Duda and the Law and Justice’s leadership, Senators of this party will support the president’s initiative. And even if the referendum is held, it will only be the first step. The change of the constitution itself requires either the so-called ‘constitutional majority’ or a bipartisan consent, that is the agreement between the ruling party and at least part of the opposition. For the moment Law and Justice does not have such a constitutional majority, even if it joins forces with Kukiz ’15 parliamentary faction – the only political group that welcomed President Duda’s initiative with great enthusiasm. Other Polish political parties do not want to hear about any constitutional change accusing both Law and Justice and President Duda of repeatedly violating the constitution that is currently in force. Of course, it may change after the next parliamentary and presidential elections scheduled for 2019 and 2020 respectively, especially if Law and Justice gets even better results, what – at least today – is suggested in the opinion polls. Maybe then, to change the constitution, they will not need agreement with any other political party, just like the Hungarian Fidesz after the 2010 elections. However, there is no doubt that disputes on the competences and powers of the President of the Republic of Poland, especially (but not only) in the context of the way he/she is elected, will return regularly in the discussions on potential constitutional changes. The possible evolution of the Polish parliamentarism into the presidential or semi-presidential regime would force a significant increase in the powers of the head of state, still elected directly by the people. Staying within the framework of the parliamentary regime would require a more precise definition of the constitutional position of the President of the Republic of Poland, leaving open the issue of the way he/she is elected.

This article aims to describe the possible variants of the course of events after Brexit, from a Scottish perspective. Three dimensions are taken into the account: future model of UK–EU relations, symmetry of Brexit inside the UK and possibility of the second independence referendum in the near future (less than five years). These dimension have allowed to distinguish three main variants of further development, that are in short named by the author as: passive variant, Scottish exception and another referendum. It seems at this point that the Scottish Government is bound to carry out the second referendum, especially if the British government chooses a variant of the so-called hard Brexit. The European argument, which is so often used by Sturgeon in political debate does not necessarily lead to an increase in support for the independence, especially when eventual membership in the European Union of an independent Scotland is burdened with so many question marks.

Scottish Independence Referendum will take place on 18 September 2014. There would be only one question during referendum: “Should Scotland be an independent country? The reform of devolution established by Scotland Act 2012 is sometimes overlooked by observers as too little too late. The most principal issues of the referendum will be: economy, oil resources, currency, defense and European Union. Main doubt around referendum is whether Scotland would be better economically after Independence. Scotland’s position within the EU is likely to be shaped more by any agreements between the parties than by pre-existing principles of EU law.
Doubts about Scottish membership in the EU have to be viewed in the context of the referendum on the UK’s membership in the European Union, that will take place if the Conservative Party wins the 2015. British political class have always behaved differently towards the European integration than continental elites The importance of the European dimension of the Scottish Independence Referendum was proved by Panelbase poll in May 2013.

During the last decade the separatist activities of the Catalan nationalists have intensified. Despite the enactment of the Statute of Autonomy in 2006, extending the existing autonomy of the Autonomous Community, Catalonia’s governing political parties strived for total independence. In view of the consistent attitude of the central government in Madrid refusing any concessions on the extension of autonomy or independence, the Autonomous Government of Catalonia (Generalitat) appealed to the institutions of direct democracy, calling twice for a Catalan referendum on independence. In both cases, the Spanish Constitutional Court declared the referendum unlawful. In spite of this, Catalonia declared independence after the referendum of October 1st, 2017, although the effects of the declaration were also suspended – a situation so far unknown to law.

Referendum in the Czech Republic’s Law System

The article discusses the use of the Czechs one of the most significant forms of direct democracy – the referendum. The Czechs are not supporters of national popular vote. They still have not worked out a law on a national referendum. Only once a referendum was held at the national level – the EU accession referendum. The citizens of the Czech Republic and the ruling parties are supporters of representative democracy. The situation is slightly different at the local level, where statistics on the numer of organized local referenda are much richer, and the results of the popular vote show the systematically increasing public awareness of the citizens.

The two European referendums of 1975 and 2016 are examined in their historical, political and constitutional context. The paper provides a short account of United Kingdom’s accession and participation in the European Union. The uneasy relationship with the EU is shown, with reference to political process of negotiating Britain’s position in the Union. Some political, economic and cultural factors that have shaped British attitudes towards European integration are analysed. A legislative framework for both referendums is described and the dynamics of pre-referendum debates and campaigns are discussed. The political implications of ‘Leave’ vote (in favour of Brexit) are indicated. Finally, certain constitutional and legal issues surrounding UK withdrawal from the EU are considered, also in the context of the doctrine of parliamentary sovereignty.

Order a nationwide referendum by the President of the Republic of Poland in matters of particular importance to the State (selected problems)

The Constitution of the Republic of Poland of 1997 granted the President of the Republic of Poland the right to order a nationwide referendum on issues of special importance for the state. Managing such a referendum is not made by the President of the Republic of Poland alone but requires the consent of the Senate in the form of a resolution. In Poland, after the adoption of the Constitution of the Republic of Poland in 1997, the institution of the referendum was to use only three times. The last referendum, which is the subject of the analysis was ordered on September 6, 2015. The problem of ordering a referendum by the President of the Republic of Poland, although seemingly obvious, gave birth to a number of practical problems – interpretation used the term “cases of special importance for the country,” judicial supervision of constitutionality and legality of the referendum, the correctness of the formulation of the referendum question.

The referendum on the dissolution of the parliament held in Latvia on July 23, 2011

Of the numerous direct democracy instruments present in the Latvian Satversme, one of the most interesting solutions is the mechanism of a referendum concerning dissolution of the parliament, initiated by the head of state. A spectacular, and so far the only, example of application of this mechanism was the referendum held on 23 July 2011, as a result of which the Latvian Saeima was dissolved. The article analyzes the constitutional provisions that define this form of direct democracy, taking into account the Latvian political practice. The article focuses on the application of this institution in 2011 and emphasizes the associated social and political conditions. On the background of the Latvian constitutional and political system, in particular the mutual relations between the President of the State and the Saeima, the article presents the importance of this instrument to the Latvian political system and an evaluation of its potential with regard to the system of government.

Scotland after the referendum.  Analysis of the results and of the consequences

The article focused on the roots of independence aspirations in Scotland and analyzed referendum in Scotland marked 18. September 2014; also described devolution carried out in 1998; analyzed not only the results of the referendum (by age and region of Scotland), but also the reactions of the UK and the rest of the world; described the referendums in the world after the World War II as well as plans for the future of Scotland.

Polish politicians of different political options, especially while proposing new reforms, declare that citizens should have a say in many issues under discussion. In reality, however, instruments of direct democracy stipulated by the Polish constitution (The Constitution of the Republic of Poland, 1997) and laws are not frequently applied (see: people’s initiative, social consultations), both due to Polish people’s low degree of public activity and because of the lack of parliamentary customs and the authorities’ accompanying lack of willingness to work out new solutions by way of serious debate and considering the society’s ambitions and expectations, also those representing positions others than those of the government majority.
The aim of this paper is to discuss the institution of a referendum in Poland and to present the approach of the Polish political class to the institution of a nationwide referendum using the example of the referendum of 6 September 2015. We also discuss the history of this institution in Poland and address the issue of its legal foundations, as well as present arguments of the followers and opponents of this form of direct democracy. It is also necessary to analyse the motives behind the initiating entity’s decision concerning the organisation of a nationwide referendum from a broader perspective and to evaluate its implications in the sphere of politics.

EEC/EU membership has been one of the thorniest issues in British politics over the last 45 years. The 1975 referendum confirmed the UK’s will to stay in the EEC, but it failed to put to rest the argument over Europe. The 2016 referendum took Britain into the opposite direction, but it also reinstated the issue of the EU to the prime slot in British politics, where it is going to stay for the many years needed to settle the new relationship with the EU. The main drivers behind both referenda were the power struggle between the main parties and the gradual entrenchment of Euroscepticism as the dominating standpoint in British right-wing politics. The substantive concerns with EEC/ EU membership were merely a backdrop to the partisan battles leading to both referenda, but the crucial differentiating factor in 2016 was the Conservative perception of the threat posed by UKIP. The Eurozone crisis and austerity policies at home added to the potent mix of disillusion among the voters, who became receptive to promises of return to past glories of the UK freed from the shackles of Brussels.

Poland is a country of the so-called “young democracy” type. As provided for in art. 2 of The Constitution of the Republic of Poland dated 2 April 1997, “The Republic of Poland is a democratic state of law, fulfilling the principles of social justice”. Art. 4 of The Constitution of the Republic of Poland gives superior authority to the Nation. This authority can be exercised “through representatives or directly”. But Poland does not have much experience with the institution of a people’s initiative, nor with other forms of direct democracy. The Polish national law provides for two types of people’s initiative. One type is a people’s initiative of putting a bill before the parliament as provided for in art. 118 subpar. 2 of the Constitution of the Republic of Poland and the Act dated 24 June 1999 on the use of a legislative initiative by citizens. The second type is a people’s initiative of putting forward a motion to hold a legislative referendum regulated by the Act dated 14 March 2003 on holding a national referendum. The legislature did not provide for, however, a people’s initiative for the purpose of amending the constitution or its abrogation. The subject of this paper is the institution of a people’s initiative of putting forward a motion to hold a legislative referendum.

Law Regulation Of Scottish Independence Referendum

The study is the issue of independence referendum on the example of Scotland and the United Kingdom of Great Britain and Northern Ireland. The author presents the story of the turbulent relationship of Scotland and England, which was marked by the nation’s long-standing aspirations of independence for Scotland. The main subject of discussion is the legal regulation conducted on 18 September 2014 referendum on Scottish independence, which is also basis for appeals to the solutions used in other similar referendums. Particularly important is the proper definition of persons determining by voting on the future of territory seeking independence, which should be quite broad. He also advocates preparation of an international convention to regulate the principle of the independence referenda or at least recommendations in this regard.

The role and importance of the institution of the referendum in contemporary Italy 

The institution of a nationwide referendum in postwar Italy is one of the key elements of the socio-political changes, particularly in the presence of the indolence of the political elite and the so-called process of “unfinished constitutional transition” after 1993. The Constitution of the Italian Republic of 1947 provides for three basic forms of the referendum: a law-repealing referendum, a facultative constitutional referendum and a consultative referendum. Since the enactment of the Law on the referendum and the legislative initiative of 25 May 1970, was conducted in Italy 62 law-repealing referendums, two facultative constitutional referendums, and one consultative referendum. The law-repealing referendums concern such important issues as the introduction of divorce, abortion, artificial insemination, the abolition of life imprisonment, the construction of nuclear power plants until the changes in the financing of political parties and changes in electoral laws for both houses of Parliament. In the constitutional referendum of 2001, the citizens approved the rebuilding of the regional structure of the state, in referendum of 2006 protested against the reform proposals presented by the authorities of a center-right government of Silvio Berlusconi. The only one consultative referendum concern approved the creation of the European Parliament. By reason of the importance of issues raised and the number carried out the referendum, especially in recent years, Italy is often referred to as “the republic of referendums”. However, the sore point of this form of direct democracy is decreasing voter participation, which leads to the absence of a quorum thus void consultation in case of a law-repealing referendum. Since 1997, the last 25 law-repealing referendums did not reach the required quorum, which raises further questions about the future of this institution.

Monarchy by the Will of Nation: the Legitimacy, Abolishment,  Restoration and Adjustment of  the Monarchical System by means  of a Referendum in the Contemporary Political Practice (1944–2011)

Subject matter of this article draws our attention to cases of using the democratic institutions in a monarchical system, especially – referendum. It is worth a closer look at the role played by referendum in the history of monarchical system of government. The article presents a broad research material. The study material covers the period from the end of World War II because of the enormous importance of this global conflict for the history of constitutionalism. An exception was made for events in Iceland. A referendum was held there in 1944. Although the war lasted, the result had a decisive influence on the form of the state in the postwar period. All other referendums described in the article took place after the war. During this period, 22 referendums related to the monarchy were held. In some countries for two (Maldives, Sikkim), and even three times (Greece). The presented research material has prompted the author to ask several questions: „what were the main factors that determined the success or failure of referendums on the removal or restoration of the monarchy”, „Has a referendum in the monarchy completely different or the same function as in the republics: „If traditional classification of referendums include those held in monarchies or they require a broadending of separate categories”. The author gives answers to these questions.

The institution of a nationwide referendum has taken root in the Polish democratic system, but it is not often used. There may be several reasons for this condition. These include the existing representative system, which makes it possible to settle matters without recourse to the will of citizens who have chosen their representatives. Another reason is the party system – parties in power often block the possibility of holding a referendum, especially when such a proposal is made by the opposition or by citizens. The subject of the article is the analysis of cases of the use of a nationwide referendum in Poland after 1945.

The Republic of Tajikistan gained independence in consequence of the break-up of the Soviet Union and, for the first time in its history, had started to build a constitutional system modeled after democratic states. Tajikistan’s system of government is governed by the constitution adopted on November 6, 1994 in a national constitutional referendum. The country’s constitutional system is evolving. Its constitution has been amended three times so far. The changes affected the legal position of the head of state, were intended to allow the incumbent President to remain in power, and were made before an upcoming presidential election. The amendments to the constitution included transformation of the parliament into a bicameral parliament, introduction of a presidential form of government, and a number of other important changes. All amendments to the constitution were approved by the nation in a national referendum. The constitutional system appears to be stable but may evolve further. The question that remains is: In which direction will it evolve?