scholarly journals Zmiana systemu politycznego a funkcje społeczne prawa karnego — wybrane zagadnienia

2020 ◽  
Vol 5(160) ◽  
pp. 55-81
Author(s):  
Tomasz Kuczur

The conditions related to the relationship between the political system and the shape of criminal law solutions in the period of a fundamental change of the political system in the model system — in accordance with the concept proposed by the author — are as follows: change of the political system, introduction into the political system of legal acts which validate it in the basic scope, adoption of a provisional constitution, adoption of a basic law (formally changing the state system), adoption of code solutions in the area of substantive criminal law. However, there are certain deviations from this “model”, depending on the direction of system changes. This process is different, for example, in a totalitarian system, and different in a democratic one. Therefore the role of criminal law in this process is different, and the intensity and scope of changes that are made by the provisions of this law are also varied. The answer to the question about the role of criminal law in individual political systems was the main research problem raised by the author.

Author(s):  
Richard Whiting

In assessing the relationship between trade unions and British politics, this chapter has two focuses. First, it examines the role of trade unions as significant intermediate associations within the political system. They have been significant as the means for the development of citizenship and involvement in society, as well as a restraint upon the power of the state. Their power has also raised questions about the relationship between the role of associations and the freedom of the individual. Second, the chapter considers critical moments when the trade unions challenged the authority of governments, especially in the periods 1918–26 and 1979–85. Both of these lines of inquiry underline the importance of conservatism in the achievement of stability in modern Britain.


Author(s):  
Dmytro Filipenko

As the practice of referendum has considerable potential for legitimizing power, it is an integral part of the functioning of many political systems. This article applies a systematic approach in order to analyze this practice comprehensively and to examine the referendum processes in their integrity and interconnection. The formation of a new political system is considered as a synthesis of two components: the internal self-awareness of the identity of the political system itself and its separation from the external environment, the recognition of the system as the environment. The author of the article (using D. Eastonʼs reasoning) interprets it as the whole divided into two parts: internal – in society, and external – between the political system and other political systems (societies): the intra-society and extra-society external environment of the political system. These components (self-awareness and outward recognition) are shown to be crucial in the process of the development of the political system in the independent Ukraine. This is confirmed by the December 1, 1991 Referendum. The author analyzes the role of the aforementioned referendum in the formation of Ukraineʼs political system in the context of a systematic approach. He argues that the referendum was initiated due to a number of intra-society and extra-society requirements. Holding a referendum in support of independence became a comprehensive systemic response to systemic challenges and allowed to solve a whole set of problems of existence and further development of a political system of the independent Ukraine. Keywords: referendum on independence, political system of Ukraine, systemic approach, collapse of the USSR.


2019 ◽  
Vol 79 (3) ◽  
pp. 223-235
Author(s):  
Annette Haußmann ◽  
Jonathan Spanos

AbstractThe article reflects on the interdependence of the political and ecclesial sphere and the influence of Protestant women in the first two decades after 1945. Two different biographies of women from Bavaria with active influence in politics and church and both members of the CSU, Elisabeth Nägelsbach (member of the Landtag) and Ingeborg Geisendörfer (member of the Bundestag), are taken into account concerning their self-understanding, their agenda setting and their rhetoric self-presentation. We argue, that the spheres of politics and church are interdependent and gender construction plays an important role. Furthermore, the developments in the ecclesial sphere took much longer and emancipation of women was implemented more hesitantly than in the political system. Also, theological arguments were crucial for this delay. The article suggests to consider a differentiated and context-sensible approach to understand the relationship between religious denomination and emancipation as well as the role of political conservative female politicians with an association to the church in the development of gender equalization.


2019 ◽  
Vol 13 (1) ◽  
pp. 71-76
Author(s):  
Oleh Tkach

Formulation of the problem: The features of model of presidencialism in modern terms, possibility of application of presidencialism in democracy are analysed in the article. Analis of concept: politics, decision of political conflicts. The political factors of political strategies of presidencialism are considered, of institute of the president, as subject of conceptual power and democratic political system, as its object is investigated. It is shown, that the real model of political system contains oligarchic and antiolygarchic components, each of which can become prevailing. Purpose of the research: The purpose of the article is to carry out a theoretical and methodological analysis of the essence of the presidency as a subject of conceptual power in democratic political systems, to identify the structure of conceptual power, its role and place in the political system of society, to identify trends and to analyze the role of the processes of oligarchization in the functioning of democratic political systems, to uncover conceptual functions of the institution of presidency in western democratic political systems. The conceptual management of political system, preservation its of democratic definiteness, is a major task of presidential power. Using theoretical models D. Easton, E. Sedov, theory of needs A. Maslow and theory of social mobility of P. Sorokin has allowed to reveal static and dynamic parameters of political system, which optimization enables to support evolutionary character of political development.There are several alternative concepts of democracy. At the same time, one of them is legally codified and reigns. That is why political power is usually forced to act in an anti-democratic way on an alternative concept. Institutions of state power, thanks to sustainability, mobility and resource intensiveness, can support and even impose those norms and goals that are not entirely in the interests of society as integrity, or vice versa – the interests of individual, usually the most active individuals and social groups are not taken into account and even sacrificed in general. There is a significant imbalance of interests that threatens the existence of a democratic social system. Consequently, the task arises to develop objective indicators, which should be guided by the head of state, in order to assess the favorable or unfavorable tendencies in the political system.The purpose of the article and the task. Research methods: The following research methods were used to address the issues set in the article: general scientific methods – descriptive, hermeneutic-political, systemic, structural-functional, comparative, institutional-comparative; general logical methods – empirical, statistical, prognostic modeling and analysis; special methods of political science. The preference was given to the method of political-system analysis, by which the common and distinctive characteristics of the basic components of soft power strategies were identified, reflecting existing political, public, information and other challenges and global development. For empirical research, the factual basis was used, which was compiled by an expert survey of Ukrainian specialists-political scientists. Practical and systematic methods were used to analyze the system of relations from four perspectives: influence presidents power. Functional and general historiographical methods were also used. Methods of analysis and synthesis allowed exploring the features. In order to implement these methods, such methodological techniques as analogy, comparison, generalization and extrapolation were used. The method for analyzing the situation (studying documents, comparing, etc.) was used to study international and political processes in the USA, exploratory methods (in particular, content analysis) for the analysis of high-level documents and speeches, which in turn helped identify and outline the trends in foreign policy of the countries of the region. Conclusions. The experience of western (Western, liberal-democratic) political systems suggests that the function of supporting the democratic model of the political system is the responsibility of the president. In this case, the president plays the role of either the head of the executive (political manager of the higher rank), or the formal head of state, or these functions combine. In the context of the political crisis, the president takes steps to preserve the democratic system of society. The complex of these activities includes the function of supporting the democratic nature of the political system.


2021 ◽  
pp. 101-138
Author(s):  
Per Selle ◽  
Kristin Strømsnes

A vibrant civil society is important in a democratic system, and society’s contact with, opposition to and control of the political system is crucial for the democratic system to survive. In this chapter we look at the relationship between the Sámi Parliament and Sámi civil society from several perspectives: those of the party leaders and representatives, the civil society organizations, and the voters. We find that Sámi interest and participation in civil society is at the same level as that of the population at large when we measure participation in Sámi and Norwegian organizations combined. We also find that the level and type of contact between the parties represented in the Sámi Parliament and Sámi civil society organizations is limited, and that little points to these organizations having an important advocacy role. Their control and opposition role is weak. We conclude that the political role of Sámi civil society is weak and challenging for the Sámi political system and democracy.


2016 ◽  
Vol 52 (4) ◽  
pp. 614-639 ◽  
Author(s):  
Thomas O’Brien

Leaders have an important role in initiating and shaping the democratization process. Formal and informal structures within the political system constrain possible options requiring leaders to exercise agency to manage expectations and facilitate change. This article examines the actions of F.W. de Klerk (South Africa) and Roh Tae Woo (South Korea) in initiating processes that eventually led to the consolidation of democratic political systems. The aims of the article are: (1) to identify the array of opportunities and threats faced by the two leaders; and (2) to determine the effect of regime form in shaping these structural factors. Drawing on previous work on the role of leadership in democratization, the analysis focuses on four factors: authority, institutions, opposition and continuity. To assess decisions made in the distinct political contexts the article examines how the respective structural configuration (one-party and military) was managed.


2020 ◽  
Vol 5(160) ◽  
pp. 97-111
Author(s):  
Magdalena Micińska

The subject of the article is the legal acts of the President of the Russian Federation and the federal executive bodies: ministries, services, agencies and state corporations. The article uses the dogmatic-descriptive method and the comparative method. The subject of the analysis are both constitutional sources and sources not mentioned in the Basic Law, including in particular the multifunctional act called in Russian prikaz. The main research objective is to determine the normative nature of individual sources of law in the context of the political position of the President and federal executive bodies in the Russian political system. The article also calls for a change in the established translation of the act called rasporyazheniye in Russian from “regulation” to “order”.


2021 ◽  
pp. 145-155
Author(s):  
Arkadiusz Lewandowski

The article aims to critically discuss elitist democracy as one of the possible causes of the contemporary crisis of liberal democracy. The research problem is the question about the essential elements of the concept of elitist democracy, which potentially account for the populist counter-revolution aimed at changing the political systems formed after 1989. The theoretical background of this paper is provided by the studies on the crisis of democracy, which have been conducted in recent years and presented by Jan Zielonka, or the duets of Ivan Krastev and Stephen Holmes as well as Roger Eatwell and Matthew Goodwin. The analysis makes it possible to state that relations between elites and non-elites are crucial for elitist democracy, and they include the process of elites distancing themselves from non-elites, depreciating the needs of non-elites and their importance within the political system, and privileging the position of the elites. In turn, the indicated features of elitist democracy constitute the areas of populist criticism of liberal democracy.


Author(s):  
Amie Kreppel

This chapter focuses on the political roles and powers of legislatures. It first describes different types of legislatures on the basis of their functions and relationship with the executive branch before analysing the roles of legislatures within the political system as a whole, as well as several critical aspects of the internal organizational structures of legislatures. It then examines the relationship between the political power and influence of a legislature and the structure of the broader political and party system. The discussion focuses on legislatures within modern democratic political systems, although many points apply to all legislatures regardless of regime. The chapter also explains how legislature differs from assembly, parliament, and congress.


2020 ◽  
pp. 119-138
Author(s):  
Amie Kreppel

This chapter focuses on the political roles and powers of legislatures. It first describes different types of legislatures on the basis of their functions and relationship with the executive branch, before analysing the roles of legislatures within the political system as a whole, as well as several critical aspects of the internal organizational structures of legislatures. It then examines the relationship between the political power and influence of a legislature and the structure of the broader political and party system. The discussion focuses on legislatures within modern democratic political systems, although many points apply to all legislatures, regardless of regime. The chapter also explains how legislature differs from assembly, parliament, and congress.


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