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2015
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tom 2015 (38)(4)
110-119
EN
The aim of the paper is to analyse the sources of the crisis of legitimacy of the EU from the perspective of the intergovernmental paradigm. The paper also focuses on the nature of this crisis and the possibilities of increasing the legitimacy of the EU. The author claims that the crisis of legitimacy is a result of the fact that there is “too much Europe”, not “too little”. According to Andrew Moravcsik’s approach to intergovernmentalism, the EU crisis is a result of feeling that the European Union has ceased to be seen as an effective tool for realising the interests of the states, or that the states started to define their preferences in the integration process in an unreasonable way.
EN
Social trust in education is at least partly rooted in the legitimacy of the principal institutions which organise the social order, such as the political system, democracy and economy. Easton formulated the theoretical justification for this hypothesis in the 1960s, while empirical confirmation was delayed until the first decade of this century, when the data was collected in the European Social Survey. The results of ESS confirmed the hypothesis that trust in education is influenced by the legitimacy of the more fundamental state institutions but the mechanisms of this effect vary across Europe. In countries where schools are autonomous and control over them is located at community level, trust in education becomes independent from social support for the state. However, in countries where education is considered to be a government agency, strongly shaped by political goals, people tend to evaluate education together with other state institutions. The ESS data also provide insight into factors determining trust in education at the level of the individual. Surprisingly, the lowest degree of trust was shown by the upper classes, including the educated, whom the education system had benefited most. This is not conducive to the involvement of such people in countries that are building their educational resources.
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tom 37
143-162
EN
This article investigates the engagement of EU law with the interests represented and pursued by the Member States within the framework of the European Union. In principle, because the interests which the Member States feed into the EU governance machinery are formulated in political processes at the national level, and thus possess paramount political legitimacy, EU law may only interact with those interests when a clear and sufficient mandate has been provided for doing so. Such mandates follow from Treaty provisions or EU legislation. They embody common political agreements among the Member States by which they commit themselves to realising the specific interests they share, as well as achieving related common policy objectives. In practice, however, the boundaries of EU law’s mandate are difficult to determine with precision, and this may weaken the legitimacy of EU law’s interventions. The weaker legitimacy of the law raises particular problems in the law of the Single Market, where the interests pursued by national governments are subjected to filtering, moderation, and even transformation by the Court of Justice.
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2011
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tom 4
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nr 1(6)
63-76
EN
In political and philosophical terms public relations and society appear to be at odds with each other. Public relations as the representative of individual interests is opposed to the general wellbeing of society. The contradictions between PR and society should form the basis for an analysis of the relationship between PR and society from a system theory perspective (Luhmann, 1996). In the course of the examination one can differentiate between three levels of PR and society: (1) PR as part of society: in this regard the question will be what PR does for society. (2) Society in the PR environment: at this level the question will be how organisations regard society and how PR constructs societal models. (3) The entirety of PR sees itself as being apart from society: in a dynamic perspective the question here will be how the refl exive expectations change the relationship between PR and its environment.
5
Content available remote Sources of the legitimacy of Vladimir Putin’s power in today’s Russia
100%
EN
The aim of this article is to present the legitimacy of power in Russia. The special emphasis is placed on the correlations between Russian political culture and the legitimacy of the power of Vladimir Putin. Taking into consideration that social acceptance and support given to the authorities are the result of the relationship between the values pursued by the government and the values recognized by the society, the author presents the example of this mechanism in Russia. As many theorists note, investigation of the degree of legitimacy of the authorities should be determined by the compatibility of arguments that are used by the rulers and values and attitudes approved by the society. Therefore, this paper will present the relations between the authorities and society as well as the perception of Vladimir Putin’s domestic and foreign policy by residents of the Russian Federation.
EN
The national parliament is crucial institution in a contemporary European states, which guarantees a legitimacy of a power and regime. At the same time, the effectiveness of a parliament is one of the most important hallmark of a democratic political system. The democratic legitimacy, which comes from a national parliament is one of the sphere of the national system of implementing European policy. The author, using the system approach in European studies research, analyze the evolution of the role and functions of the Polish Sejm and Senate in the pre‑accession period, i.e. before the year 2004. The role of Polish parliament is analyzed through the two research perspectives – historical and functional. In this way it is clearly observed a growing role of the Sejm and Senate in the relations with other political institutions within a national system of implementing European policy.
7
Content available State and Democracy in India
88%
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tom 178
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nr 2
203-226
EN
This paper examines the relationship between state and democracy in India. It probes the paradox that representative government is not always responsive government. There is a persistant gap between the practices of popular authorisation and the production of legitimacy. It examines this gap from two different directions. On the one hand, it looks at the the myriad mechanisms by which the strucutre of the state impedes democracy. On the other hand it looks at how inherited social inequality produces forms of politics that make the production of shared legitimacy difficult.
XX
This article explains the relationship between subsidiarity and legitimacy of policies designed at EU level. Through means of theoretically informed analysis this paper claims that if the principle of subsidiarity is respected and implemented throughout the policy process, EU policy-making can aspire to satisfy the condition of both input and output legitimacy. The empirical part of the paper shows how, through a subsidiarity control mechanism known as the Early Warning System, national parliaments can collectively fulfill representative and deliberative functions in EU policy-making. Conclusions about the changing dynamics in parliamentary modus operandi in the field of EU affairs lead to forming a set of recommendations for further research.
9
88%
EN
The article is focused on the critical analysis of deliberative democracy. The fundamental question is: whether deliberation can be a real remedy to the crisis of representative democracy and its growing problems with legitimacy of power? Strictly defined deliberations can become its own caricature and lead, paradoxically, to undemocratic effects: exclusion and domination.
10
88%
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nr 3
269-291
EN
In this study, we contribute to scholarly work on European Union (EU) legitimacy with regard to migration and asylum policy. We do so through an in-depth exploration of the relationship between attitudes towards the EU and migration among the Czech public. Even though there is a body of literature focusing on this topic, there is a gap when it comes to understanding its complexities, especially concerning 'pro-immigrant' and 'pro-European' positions. We bring a cultural-sociological perspective on meaning-making processes into conversation with theories on the legitimacy of the EU, an analytical move that helps us reveal the nuances in attitudes towards the EU and migration. Our results unpack the narratives surrounding the EU and migration and highlight the apparent cleavage between the 'pro-immigrant' and 'anti-immigrant' discourses that underpin migration attitudes among the Czech public. We find that notwithstanding some divisiveness, there exists considerable convergence along the three dimensions of legitimacy: input, output and throughput. Indeed, both camps challenge EU legitimacy, but they do so for different reasons and focus on different dimensions. The output aspect of EU legitimacy is the most problematic and criticised within both types of discourse. The input dimension is problematic only within the 'anti-immigrant' discourse, and the throughput dimension of EU legitimacy is rather neglected within both discourses. In empirical terms, these findings imply that, in the eyes of the Czech public, the EU-even for those who accept it as a legitimate actor with regard to asylum and migration policy-fails to deliver satisfactory results.
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tom 32
45-73
EN
This article explores the issue of sovereignty of States in the context of legitimacy of international law. Sovereign statehood is today increasingly challenged. The article examines if an essential incompatibility exists between international law conceived as a true, that is, legitimized, system of law and State sovereignty. To this end, it seems necessary to determine a meaning and importance of sovereignty in and for international law. The article seeks to argue that the idea of State sovereignty, deprived of orthodox positivistic justification, can still perform an important cognitive function in international law. In a world in which non-State actors suffer from a “democratic deficit”, democratic accountability and responsibility remains concentrated in States. States are, therefore, still the main source of legitimacy of political decisions. It is sovereign States that are the legal subjects assuring the public underpinnings within the international legal order. Consequently, there is no contradiction between the sovereign status of States in international society, and international law conceived as a legitimized legal order.
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tom 32
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nr 4
51-67
EN
The semantic analysis of the term “legitimisation” is a particularly major issue, because determining the understanding of this term has a fundamental meaning for further considerations of such important issues as the legitimisation of the power, the judiciary or the systemic position of a judge. In the doctrine of the constitutional law there are lacks in-depth semantic analyzes that would allow a precise explication of what lawyers think when they use the term “legitimisation”. Even a cursory analysis of the literature in this field could allow us to draw a preliminary conclusion that when we discuss about this term, in a significant part of the cases considered, there is no reflection on the meaning of the concept of “legitimisation” itself. In this study, author analyzed definitions of this concept, which appears in the dictionaries of the Polish language, and then confronted the established meanings with the understanding of “legitimisation” in the legal and lawyers’ language. In conclusions, author points two basic ways of understanding the term “legitimisation” and proposed to distinguish them by assigning the phrase “legitimacy” to one of these meanings, and “legitimisation” to the other.
PL
Analiza semantyczna terminu „legitymizacja” jest zagadnieniem szczególnie doniosłym z uwagi na to, że ustalenie rozumienia tego terminu ma fundamentalne znaczenie dla dalszych rozważań nad tak ważnymi kwestiami, jak legitymizacja władzy sądowniczej czy pozycji ustrojowej sędziego. W doktrynie prawa konstytucyjnego brakuje pogłębionych analiz semantycznych, które pozwoliłyby na precyzyjną eksplikację tego, co myślą prawnicy, gdy używają terminu „legitymizacja”. Nawet pobieżna analiza literatury z tego zakresu pozwala na wyciągnięcie wstępnego wniosku, że w znacznej części rozpatrywanych spraw brak jest refleksji nad znaczeniem samego pojęcia „legitymizacja”. W niniejszym opracowaniu autor dokonał analizy definicji tego pojęcia, które pojawiają się w słownikach języka polskiego, a następnie skonfrontował ustalone znaczenia z rozumieniem „legitymizacji” w języku prawnym i prawniczym. We wnioskach autor wskazuje na dwa podstawowe sposoby rozumienia pojęcia „legitymizacja” i zaproponował ich rozróżnienie poprzez przypisanie jednemu z tych znaczeń terminu „legitymizacja”, a drugiemu „legitymacja”.
13
Content available remote Pojęcie legitymizacji demokratycznej w interpretacji konstruktywistycznej
88%
EN
The constructivist approach is among the most popular in the international relations and particularly useful in the analysis of the European integration processes. It allows a broad analysis of participants’ preferences, motives and interests in international cooperation. States and international organizations develop collective identities within processes of communication and deliberation. Constructivism helps to understand those processes and their infl uence on making and developing international law. Constructivism is also used as a legitimizing approach, especially in the context of difficulties in the validation of the activities of international institutions at the supranational level. It offers alternative concepts to the traditionally understood democratic legitimacy
EN
The core of market economy is misconceived when it is construed purely in economic terms (cf. Breuer 1999: 8). The purpose of this article is to hint at some possible alternative paths of deliberating the concept of capitalism which would not be dominated by classical economic paradigm. While recognising the multiple faces of capitalism stemming amongst others from historical, geo-political, ideological and even economic variables, the author conceives of contemporary capitalism in terms of a sum total of certain macro-features which differentiate this economic model from centrally-planned economies. The point of departure for the developed argumentation is the main trend recognisable in the recent decades (end of the 20th and the beginning of the 21st century) which consists in accumulation of primarily hereditary capital in the hands of the few, which phenomenon is referred to by Thomas Piketty as “patrimonial” capitalism. Since that development results in a limited or no opportunity of the majority of the world population to accrue wealth through their work, a question arises whether such economic system may be regarded as legitimate. In this context the author attempts to shed some light on the potentials and limits of the role of national, transnational and /or international governance to mitigate the negative impact of the unabashed divergence forces observable in the contemporary economy. The overall conclusion of the paper is that, however reluctant the national authorities may be to see further intervention of transnational and international entities in the organisation of global economy, it is necessary if the healthy foundations of the global market are ever to be achieved and as long as long as the states remain idle themselves.
EN
Th is paper looks at the future of journalism by studying journalists’ expectations of their profession and future roles. Expectations have been linked with industry legitimacy and reputation, making them a timely topic for journalism practice. Based on a qualitative study that has investigated diff erent journalists’ expectations in Finland, ranging from fi xed contract to freelancers, the results point towards increasing pessimism about the future of the media. Th e paper fi rst introduces the role of journalistic expectations. Secondly, it aims at connecting theory on journalistic roles with changes brought about by media convergence. It also aims at defi ning future roles of journalists based on recent trends and changes in journalistic work. All the results are presented from theory-driven qualitative interviews carried out with journalists in Finland, yielding 15 potential roles for future journalism development, ranging from errand boy to entrepreneur.
EN
The political theory of Carl Schmitt is currently experiencing a renaissance in its reception. In this paper, I propose to distinguish between the normative and descriptive elements of Schmitt’s notion of the state. While being a strong advocate of the principle of political unity emerging from a concrete social antagonism, Schmitt was, at the same time, a decided critic of the current form of liberal Rechtsstaat. He actually subordinated the notion of state to the notion of the political. If we may call him an étatist, then it is only if we have in mind a narrow concept of the state which is related to the concept of the political. Only such a state can play the integrative role in a differentiated society and become the basis of social legitimacy “from below”.
EN
The paper seeks to analyze the causes that led to the decline of the proceduralelectoral legitimacy paradigm, as explanatory paradigm, in favor of the models that have highlighted the significant changes occurred in the contemporary societies. For this purpose the paper examines Pierre Rosanvallon’s analytical model of interpreting “the revolution in the conception of legitimacy.”
EN
Although the change in the electoral system used in elections to the Chamber of Deputies has attracted the attention of lawyers, political scientists, and sociologists, we still lack a comprehensive comparative analysis of the new system with the original one or other alternatives. The main reason for this is the lack of empirical data. This article overcomes this problem using a simulation of electoral results that correspond to the real Czech election environment. On the basis of this simulated dataset it is possible to generate generalisable conclusions about the proportionality, integration effect, and legitimacy of three electoral formulas: the original D’Hondt divisor, the newly adopted Imperiali quota, and the Hare quota. Our results show that the Hare quota is clearly the best choice. Its advantages in proportionality significantly outweigh its disadvantages in integrative effect. Moreover, this formula sees the least disruption to the logical sequence of results, i.e. where a party with fewer votes gets more seats, a phenomenon that is undesirable and undermines the legitimacy of elections. We are convinced that among the three formulas compared the Hare quota is the one that best fits the constitutional requirements of the electoral system as interpreted by the Constitutional Court, and that - unless the legislature is planning to change other parameters of the electoral system - it is the one that should be implemented.
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2015
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nr 4 (204)
23-41
EN
The aim of this paper is to show how the social legitimacy of the Constitutional Court in Poland is constructed. Social legitimacy is considered here in two dimensions. At the macrostructural level the socio-political processes, that led to the creation of the constitutional court are analysed. The microstructural dimension focuses on examining how the individual socio-demographic characteristics of the Constitutional Court’ judges (their scientific degrees, legal practice, political experience and institutions of power), contribute to the strengthening of the Constitutional Court’s position. Thus, the paper argues that the legitimacy of the Court is made by constructing the neutrality of the institution, in particular by locating it in opposition to politics and reinforced by the academic faction of the legal field. The study is based on the sociology of Pierre Bourdieu (and his follower Frédéric Lebaron), as well as inspired by Durkheimian sociology of religion.
EN
The aim of the paper is to analyse the sources of the crisis of legitimacy of the EU from the perspective of the intergovernmental paradigm. The paper also focuses on the nature of this crisis and the possibilities of increasing the legitimacy of the EU. The author claims that the crisis of legitimacy is a result of the fact that there is “too much Europe”, not “too little”. According to Andrew Moravcsik’s approach to intergovernmentalism, the EU crisis is a result of feeling that the European Union has ceased to be seen as an effective tool for realising the interests of the states, or that the states started to define their preferences in the integration process in an unreasonable way.
PL
W pracy przestawiono ocenę źródeł kryzysu legitymizacji UE z punktu widzenia międzyrządowości, naturę tego kryzysu wynikającą ze sposobu rozumienia legitymizacji UE oraz projekcję sposobów zwiększenia stopnia legitymacji dla Wspólnoty zgodnych z założeniami międzyrządowości. Autor stoi na stanowisku, że z punktu widzenia międzyrządowości kryzys legitymizacji to efekt tego, że w danym momencie „Europy jest za dużo”, a nie „za mało”. Uwzględniając stanowisko Andrew Moravcsika na międzyrządowość kryzys UE będzie bowiem rezultatem poczucia, że Unia Europejska przestała być postrzegana za skuteczne narzędzie realizacji interesów państw, ewentualnie państwa zaczęły nieracjonalnie określać swoje preferencje w procesie integracji.
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