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PARLIAMENTS IN CENTRAL AND EASTERN EUROPE: CHANGING LEGISLATIVE INSTRUCTIONS

100%

Kopecky P.

Sociologický časopis. Czech Sociological Review

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2005

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tom 41

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nr 3

361-373

EN

Parliaments emerged as one of the key political institutions in the post-communist transition. Endowed with the significant power they acquired under the old communist constitutions, they were assigned the task of drafting and ratifying the new democratic constitutions in the transition period. Like most other institutions in Central and Eastern Europe, parliaments have undergone important changes in terms of how they function and in relation to their external environment. This article provides an introductory overview of the changing nature of parliaments in the region, focusing on two important areas of legislative studies. The first part of the article looks at the role of parliaments in representation. The second part offers several generalisations about the relationship between parliaments and their respective executive branches. By reviewing these two aspects of legislative process, some insights are also provided into the changing internal workings and procedures of CEE parliaments.

2

TWO CONSTITUTIONS OF THE SECOND REPUBLIC: TWO POLITICAL MODELS OF THE POLISH STATE

80%

Kowalski J.

Myśl Ekonomiczna i Prawna

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2008

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nr 1(20)

50-83

EN

The author presented the evolution of constitutionalism in the 2nd Polish Republic (1918-1939).This evolution was expressed through the change of the basic principles of the two successive constitutions (of 1921 and 1935). It determined the process of developing two diverse models of the Polish state political system after the period of regaining independence. The first constitution established a republican-democratic political system (a system of parliamentary democracy). The second constitution (of 1935) changed the political model of state, introduced an anti-democratic model based on authoritarian principles. Their basis was a conception of uniform, undivided power of the president. However, in the Polish political realities of 1935-1939, the model of an authoritarian government cannot be explicitly considered equivalent to the ruling system typical of fascist countries. So the Polish specific political system was defined as something in between a democratic liberal country and a totalitarian country. The author of the article characterized three stages of the development of constitutionalism in Poland and in this way the process of changes in the political system (I - a period of establishing a parliamentary democracy and a model of parliament - cabinet governing system of 1918-1926; II - 1926-1935: limitation of the parliamentary system and a process of preparing a change of constitution; III - 1935-1939: a new constitution introduces an authoritarian governing system). The author discussed the basic political solutions typical of the two constitutions. Special attention was drawn to important changes in the relations between Sejm (the Parliament) and the executive, and the supreme position of the president in the country, above the legislative and the Cabinet. In the description of the successive political solutions, a historical political context, both the European one and internal conditions, was taken into account.

3

CONVERGING REPRESENTATIVE ELITES IN EUROPE? AN INTRODUCTION TO THE EURELITE PROJEST

80%

Best H. , Edinger M.

Sociologický časopis. Czech Sociological Review

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2005

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tom 41

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nr 3

499-510

EN

This article provides an overview of the aims, the research design and the activities of the EurElite project, a project devoted to the comparative study of representative elites across Europe. Through investigating long-term trends in the composition of parliaments and member recruitment, the scholars involved in the EurElite activities attempt to identify the degree and patterns of convergence among national deputies on the continent. With the inclusion of democratically elected legislators from about a dozen post-communist countries, a new dimension has been added to the question of convergence: elite integration across Europe, i.e. between the elites in the new democracies and those in Western Europe. The scope of the research also encompasses the study of the European Parliament as the site of the possible emergence of a supra-national elite in Europe. The article also provides information on the structure and variables of the (key) data set and its regional/temporal coverage.

4

VARIÁCIE NA ZACHOVANIE STAVU. O UHORSKÝCH KRAJINSKÝCH SNEMOCH 19. STOROČIA

80%

Poór J.

Historický časopis (Historical Journal)

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2015

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tom 63

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nr 1

27 – 46

EN

The study is devoted to the analysis of the defence of noble privileges and the position of the Hungarian nobility on the floor of parliament in relation to the monarch’s powers at the beginning of the 19th century. It analyses the discussions of various parliaments, especially on questions of property rights and the related rights to political representation, equality before the law, land tax and the bearing of public burdens. It examines the detailed argumentation and use of older legislation, as well as proposals for its use in favour of modernization (J. Hajnóczy, G. Berzeviczy). A special attention is devoted to the question of finance for the army, in relation to the traditional system of military service (insurrection). The author states that the achievement of change in the framework of the Hungarian constitutional system was not excluded, but the parliaments of the early 19th century did not set themselves such aims.

5

KRAJNĚPRAVICOVÉ POLITICKÉ STRANY V ZEMÍCH V4: HISTORIE A SOUČASNOST

80%

Smolík J.

Sociológia (Sociology)

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2013

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tom 45

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nr 4

385 – 410

EN

This study aims to present the historical patterns for the contemporary extreme right and describe the current right-wing political parties in selected countries of Central Europe. For the purpose of this description states of the Visegrad Group (V4 hereafter), i.e. the Czech Republic, Slovakia, Poland and Hungary were selected. At the beginning, some basic terms will be defined, then the historical patterns for the current extreme right will be described and finally a description of particular political parties, interest groups and unregistered organizations, which can be assigned to the extreme right in the above described countries, will be provided. Of these structures the most important are political parties because they - among other functions – recruit political staff. The analysis focuses primarily on parliamentary and non-parliamentary political parties and movements. Obvious there are also some limitations of this text, which arise from the fact that the topic is quite extensive and the particular formations described here show a substantial dynamics. The text discusses especially political parties, which regularly take part in elections to national parliaments. The main aim of this study is to analyse influences of historical patterns of far-right in the countries of V4 and determine specific topics for contemporary far-right.

6

SÚDNY PRIESKUM PARLAMENTNÝCH PRAVIDIEL

80%

Balog B.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2017

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tom 100

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nr 6

547 – 557

EN

Judicial protection of constitutionality leads to interference in the legislative powers of Parliament and represents an important element of protection of democratic and legal state. Its specific subject may be a law that regulates the internal relations of the Parliament as an expression of autonomous and sovereign vision of how it wants to have these conditions arranged. Judicial protection of constitutionality in this case is striking a balance between respecting parliamentary autonomy and the principles of democratic and legal state.

7

ÚSTAVODARNÁ CHVÍĽA (CONSTITUTIONAL MOMENT) PRIJATIA MAĎARSKÉHO ZÁKLADNÉHO ZÁKONA Z ROKU 2011 A POKUSY O JEHO UMELECKÚ PROPAGÁCIU

80%

Balatoni M. , Halász I.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2022

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tom 105

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nr 4

342 – 359

EN

The paper deals with the political and social circumstances of the Hungarian constitutional moment in 2011. This time Hungary adopted the new Fundamental Law, which has started the new period in the political life of country. The constitution making did not play the role in the electoral campaign, but the achievement of the constitutional majority by Fidesz-KDNP coalition has guaranteed the possibility for the long time changes. The constitutional majority has interpreted the adoption of Fundamental Law as a beginning of the period after two decades of chaotic transition. The constitution making process was accompanied also with policy of artistic popularization of constitutional text. Director of theatre Imre Kerényi played the crucial role in this process. The idea of the special illustrated book mixing the constitutional text and pictures with historical topics was his idea. The process of popularisation has been criticized by Hungarian opposition and also by former presiden László Sólyom. The paper deals with this topic in the wider context with short comparative perspective.

8

ČESKOSLOVENSKÉ VOLBY 1935 A DOLNÍ PARLAMENTNÍ KOMORA: ROZDÍLY MEZI POSLANCI PROČESKOSLOVENSKÝCH A ANTISYSTÉMOVÝCH STRAN?

80%

Balík S. , Fiala P.

Historický časopis (Historical Journal)

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2020

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tom 68

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nr 2

291 – 312

EN

The article focuses on the elections to the Czechoslovak parliament, which took place in the middle of the crisis year 1935. It tries to answer the main research question: To what extent did the political representation of the different parties differ among themselves and to what extent did the two groups – a) the pro-Czechoslovak and b) anti-system parties – differ? We assume that the pro-Czechoslovak parties (which can also be labelled as establishment parties) will have, on average, older deputies, less regionally distributed, and will come from larger towns on average. Furthermore, we believe that the difference in the representation rate of women or university graduates or the structure of the professions should not play a major role in this respect.

9

CHARAKTER NÁVRHU PRIJATÉHO V REFERENDE

70%

Balog B.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2015

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tom 98

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nr 5

497 – 512

EN

The referendum is part of the constitutional arrangements from the adoption of the Constitution of the Slovak Republic since 1992. Practical experience is except from one of a referendum only related to referendums, which were not valid. The referendum and its place and importance in the Slovak constitutional system are of interest of constitutional law, political science, sociology, as well as the media and the public. Individual elements of constitutional arrangement are evaluated in terms of their contribution to meeting the spirit of the referendum, respectively if they create barriers to its effective use in the public life of the Slovak Republic. The contribution is based on the basis that constitutional arrangement of the referendum is essentially right and focuses on the outcome of the referendum - to investigate the nature of the proposal adopted by referendum. The author assumes that citizens in referendum decide on important issues of public interest. The result of the referendum is announced in the Collection of Laws. From a constitutional arrangement the author based of the decisional activity of the Constitutional Court concludes that the result of a referendum is a generally biding legal act. As a result of the decisions of citizens has prevail over Acts of Parliament. The proposal adopted by a referendum can be self-executing, that don´t needs law for its enforcement, but also that, for the implementation of which is the adoption of a law required. In this case, the proposal adopted by referendum is also a command to the legislative procedure of the Parliament. To emphasize the nature of the proposal adopted by referendum, the contribution offers suggestions for amendment of the Constitution of the Slovak Republic.

10

LEGISLATÍVA O LEGISLATÍVE

70%

Balog B.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2016

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tom 99

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nr 3

219 – 233

EN

The state of legal system in Slovakia is subject of long-term criticism, not only by lawyers, but also generally by public, by the addressees of the law. They feel that laws are created in a process that is distant and inaccessible for them. Role of the State is to strengthen citizen ś confidence in law, open the legislative process and make it transparent. In 2015, two laws were adopted relating to the preparation and drafting of laws and parliamentary discussion about proposed laws. The present paper deals with the amendment to the rules of procedure of the Parliament in 2015. It takes note of the changes relating to the publication of the proposed laws and amendments. The paper understands it as a deepening of the Principles of Sovereignty of the People in the activity of the Parliament. The second area is the analysis of Rule prohibiting Amendments that bear no connection with the proposed law, which the paper assesses as a major benefit of the Amendment to the Rules of Procedure of Parliament in 2015.

11

NÁRODNÁ RADA SLOVENSKEJ REPUBLIKY V PARLAMENTNEJ FORME VLÁDY

60%

Nikodým D.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2015

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tom 98

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nr 6

571 - 589

EN

The author refers to the development of the political scene since 1989 to these days. Regular rotation of coherent poliltical partes in theNational Council has not been apparent in individual electoral terms; many of them have even shown signs of fragmentation. In the current electoral term the left-wing party is homogenous, while the righ-wing parties are fragmented. The author refers to problems of the electoral sytem, which does not guarantee an adequate representation of candidates from different regions in the electorial district. He recommends considering the adoption of a mixed electoral system or the establishment of the second, regional chamber of parliament. He refers also to the functioning of the political system in democratic foreign countries, taking into account the classification of democratic regimes, which are applied in conditions of competitive democracy or its antipole - consociational democracy. Further, the author addresses the issue of weakness in the legal regulation of referendum in terms of its legal effects, participation of interst groups in the law-making and participation of citizens in elections and makes suggestions for treatment of de lege ferenda.

12

Dlaczego polskie kobiety wchodza do polityki?

60%

Polkowska D.

Przegląd Socjologii Jakościowej

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2011

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tom 7

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nr 3

57-84

EN

This article focuses on women's motivation to enter politics (5th Term of RP Parliament's Office). Presented conclusions are part of the study on gender's influence on performing the role of politician. The purpose of this article is to confront what women say with the theories concerning the common objectives in the selfishly motivated world. Firstly I describe Public Choice Theory. Then I comment on the research method and population characteristics, moreover I discuss the course of the study. The main part of this article presents motives of entering politics that were revealed by women-politicians. Women politicians declared different motives of entering into politics. I divided all revealed reasons into seven parts. The most frequently mentioned one was the desire to continue the career in Local Government at the central level. The second one was named by me willingness to help. There were also women that entered politics by other reasons, such as: the suggestion of significant others, challenge, et cetera.

13

DRUHÁ KOMORA PARLAMENTU

60%

Nikodým D.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2011

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tom 94

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nr 6

531 – 544

EN

In the legal theory and practice we often encounter weaknesses that are attributed to the law-making. For the purposes of the improvement of parliamentary powers as a system solution, the introduction of bicameralism into legislation can be considered. A two-chamber system in plural democracy can contribute to the balancing of interests that may be competitive or conflicting, which can be observed in the regional policy as well. For the Slovak Republic as a unitary state, it is suitable to consider the setting up of the second chamber of a regional type. The regional and territorial development requires the mitigation of regional disparities. The second chamber can also contribute to the prevention of inflation in the law-making and insufficiently elaborated draft legislation. In the mutual relations of the chambers the method of settlement of disputes is important. The relations between chambers are also affected by the political composition. If it is more or less single-party, the importance of the second chamber may decline. It is assumed that elections in the individual chambers will take place at different dates. The application of a majority election system in the regional chamber is suggested to allow higher-tier territorial unites to exert an influence on the election of candidates. The possibility of candidature without membership in a political party is opening up.

14

GEOGRAFICKÁ REPREZENTATIVITA POSLANCOV NR SR ZVOLENÝCH V PODMIENKACH JEDNÉHO VOLEBNÉHO OBVODU

60%

Madleňák T.

Sociológia (Sociology)

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2019

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tom 51

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nr 5

483 – 501

EN

The article identifies and analyses the patterns of political representation of the regions of Slovakia in terms of the functioning of the proportional electoral system with only one electoral district for the whole country. In this system, the representation of the region of the capital city, which is several times higher than the representation of other regions, dominates significantly. At the same time, a Western-Eastern gradient was identified in the regional political representation pattern, where the more economically developed western part of the country is politically much better represented than the peripheral regions of eastern Slovakia. The impact of a single electoral district is relevant in the geographical context as well as in significant centralization of the political power within the party-political system.

15

PÔSOBNOSŤ PREZIDENTA V PARLAMENTNEJ FORME VLÁDY

60%

Nikodým D.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2013

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tom 96

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nr 6

582 – 596

EN

The author compares individual republic forms of government and examines the position of President of the Slovak Republic within a parliamentary form of government. He points out to amendments of the constitution since its adoption in 1992, which seem to be adequate in a parliamentary form of government. The author´s criticism aims at the provisions of Article 115 of the Constitution, as amended by the Constitutional Act 356/2011. This amendment has affected the dualism of executive power which is typical for a parliamentary form of government. It constitutes an excessive limitation of powers of the government in case of loss of trust, expression of distrust. Moreover, certain acts of the government are made conditional upon previous approval of the President. Suggestions de lege constitutione for amendment of competences of the President as neutral constitutional actor are made. The author points out to the problems in the application of acts of the creative right of the President, which enter the division of power. Long-term constitutional customs, which supplement the constitutional practice in accordance with a parliamentary form of government, also play an important role in the exercise of powers by the President and other constitutional bodies.

16

POVINNOSŤ PARLAMENTU PRIJAŤ ZÁKON?/!

51%

Balog B. , Trellová L.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2012

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tom 95

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nr 1

25 – 43

XX

The paper analyzes the status of the Parliament in connection with the examination of the existence or absence of its obligation to adopt the law in situations that are analyzed in this paper. It is a question of obligations of the Parliament to adopt laws, if based on a valid referendum give citizens order to the Parliament for the adoption of such legislation, which reflect the results of a valid referendum into a law. Furthermore, it is effect of so called positive commitment of State which, under the authors‘ opinion in a material Rule of Law constitutes an obligation of the Parliament to adopt a law whether laws that would fill and guarantee constitutional rights and freedoms which, by their nature require an adjustment in the form of law. Finally, it is the adoption of laws as a result of implementation of legally binding acts of the European Union. Despite of the absence of constitutional sanctions for the fulfillment of the obligation of the Parliament to adopt the law, the authors express their opinion that in these cases arises for the Parliament the obligation to adopt the law. For a valid referendum at the same time the authors suggest the possible constitutional sanction, namely the dissolution of the Parliament.