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The subject of this article is to analyze the role of the electoral commissioner in the process of creating constituencies for municipal elections. It presents the evolution of the position of the electoral commissioner with the focus on his functions in relation to the creation of constituencies by the municipality. The paper shows the legal nature of a resolution of the municipal council concerning...
After many years ofeff ort, in 2011, a large package of new solutions was introduced to the Polish electoral law (postal-voting, quotas, etc.). But the process of changing electoral law cannot be considered as complete. Some of the solutions implemented require adjustment and modification (such as electoral quotas). It is also worth taking into account, inter alia, demographic changes and technological...
Creation of the English-language versions of the articles published in the „Białostockie Studia Prawnicze” [Białystok Legal Studies] funded under the contract no. 548/P-DUN/2016 and 548/1/P-DUN/2016 from resources of the Minister of Science and Higher Education dedicated to the popularisation of science.
Creation of the English-language versions of the articles published in the „Białostockie Studia Prawnicze” [Białystok Legal Studies] funded under the contract no. 548/P-DUN/2016 and 548/1/P-DUN/2016 from resources of the Minister of Science and Higher Education dedicated to the popularisation of science.
Creation of the English-language versions of the articles published in the „Białostockie Studia Prawnicze” [Białystok Legal Studies] funded under the contract no. 548/P-DUN/2016 and 548/1/P-DUN/2016 from resources of the Minister of Science and Higher Education dedicated to the popularisation of science.
Industrial democracy denotes a specific proposition as well as the practice of shaping relations between employees and employers in an enterprise. The intensification of discussion on industrial democracy has happened due to changes that have occurred in this area on the basis of EU law. The European Union legislature has not only developed the idea of industrial democracy, moving it from domestic...
The last local elections in Poland took place on 16th November 2014. The election ended in crisis due to collapse of the electronic system supporting the election. In this article the author claims that the crisis did not happen because of bad electoral law but rather as a result of bad management of the electoral process. The Polish electoral administration needs several reforms. First is a necessary...
The article describes the process of introducing the electoral quota system into Polish legislation. This system is one of the most popular instruments forincreasing the participation of women in politics. Women are underrepresented in the Polish Parliament with only 23.9% of politicians being female. This situation was supposed to be changed by implementing the electoral quota system, which requires...
An election deposit, understood as an obligation to pay a sum of money necessary to register a candidate in the elections, is not usually treated as an electoral qualifi cation. The deposit is levied as a hedge against ‘frivolous’ candidates in the election process, who lack adequate public support. Equally often, as in the case of parliamentary elections, it is used in the presidential election....
Voting rights are traditionally associated with the institution of citizenship. This relationship, however,is subjected to change, i.e. under the influence of globalization and international migration. The scope of migration flows raise challenges for modern electoral law as well as for democracy itself. The subject of this article is the issue of voting rights in the context of the migration phenomenon...
On 1 August 2011, the Electoral Code, a new act that comprehensively regulates electoral matters in the Republic of Poland, became effective. The article is devoted to the two new mechanisms incorporated in Polish electoral law: postal voting and voting by proxy. The author analyzes them as alternative voting methods in the light of the Electoral Code. Judgments of the Polish Constitutional Tribunal,...
This article presents evolution of the election law in the Senate of the Third Republic of Poland (1989-2011). The issue of electoral formula applied during election to the ‘second house’ of the Polish parliament was given particular attention. For the purpose of the study, it was assumed that the electoral formula is the principle of transforming votes into seats. Nowadays, three electoral formulas...
The article aims to investigate the influence of different systems of selection and appointment of judges adopted in the legal systems of the United States, England and Wales, and Germany on judicial independence. In these countries, the following methods are used for the selection of judges: appointment by the executive, appointment by the career or civil service judiciary, shared or parity appointments...
Participation in the administration of justice not only by professionals, but also by representatives of the citizenry, is one of important manifestations of contemporary modern democratic states. In recent years, one can notice not only a reduction in the catalogue of cases involving lay judges, but also a tendency to introduce restrictions on the right to stand as a lay judge (e.g. the requirement...
The article aims to introduce the selection of systems used throughout the United States of America to appoint or elect state judges. It opens with a brief overview of the federal specifics of the courts structure in the USA. The federal system of judicial appointment is subsequently described to provide comparative perspective to the state system. Evolution of the state judge selection methods follow,...
Creation of the English-language versions of the articles published in the „Białostockie Studia Prawnicze” [Białystok Legal Studies] funded under the contract no. 548/P-DUN/2016 and 548/1/P-DUN/2016 from resources of the Minister of Science and Higher Education dedicated to the popularisation of science.
To many observers, Swiss democracy seems to be complicated and a difficult to understand labyrinth of political institutions that directly involve citizens in the political decision making process. Swiss electoral law enables voters to participate in elections and referendums using one of three instruments: traditional voting (in polling stations), postal voting or electronic voting. The main thesis...
In Israel, in the period from 1992 to 2001, for the first and only time in the history of modern democracies, the law was changed to enable direct elections for the Prime Minister. This was an attempt to circumvent weaknesses in the political system which were mostly attributed to the strict rule of proportional representation in electing the Knesset: a high degree of fragmentation and ideological...
Democracy is not possible without the participation of citizens in politics. One of the duties required of citizens for development of democracy is the selection of representatives to parliament. Belgium is one of several European countries with compulsory voting. The Belgian compulsory voting system is the oldest and the most stable in the world. Although views on mandatory voting are split, it remains...
The objective of the paper is to analyse the issue of compulsory voting, i.e. the electoral system in which voters are obliged by law to participate in elections. The first section provides the landscape of compulsory voting in Europe and sanctions for non-participation. The second part discusses the arguments for and against compulsory voting which are based on different constructions of the same...
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