The central subject of this paper is the electoral rights and problems, abuses and complications that occur in society and law. The beginning of the work is devoted to the definition of the term and ...mechanisms of elections, terminological and legal meaning. The manner in which elections are conducted is also covered in this paper. The next part of the paper is based on the definition of the right to vote, the criteria for the possession of this type of rights and the classification of them by theory and practice. The part of the paper deals with the explanation of the treatment of electoral rights in case of abuse and the legislation regulating this area in the territory of the Republic of Serbia, more specifically with the norms of the current Criminal Code of the Republic of Serbia. The last part of the paper covers the empirical research of crimes against electoral rights in the territory of the Republic of Serbia over a five-year period, from 2014 to 2018. This section focuses on the number of reported, accused and convicted persons for crimes against electoral rights.
In this article I aim to explore whether the Romanian pattern of voting rights allocation in the case of migrants is compatible with the most salient accounts of principles on bounding the demos. I ...draw on the „all-affected interests” principle, the „all-subjected” principle, and the „citizenship stakeholders” principle, arguing that none of the policy implications stemming from these principles correspond to the Romanian pattern. Thus, I conclude that to the extent that this pattern could be normatively justified, such a justification cannot be provided by the main theories in the literature on the democratic boundary.
There is no purely ethnic state in Europe, so the constitutional regulation of the tatus of minorities is a necessity. The Constitution of Romania, within the general principles of the constitutional ...system, regulates the right to preserve, develop and express the ethnic, cultural, linguistic and religious identity of national minorities. These regulations set out the framework within which other constitutional provisions relating to the status of such persons and the general limits imposed to the legislator in defining it, should be laid down.
The article provides an analysis of the gradual consolidation of the principle of democratic elections in the election law of the Latvian people during the period from the abolition of serfdom in ...the Baltic Governorates of the Russian Empire at the beginning of the 19th century until the adoption of the Satversme Constitution of the Republic of Latvia on 15 February 1922. Abolition of serfdom was chosen as a point of reference for the publication, because “emancipation” gave liberty to the majority of Latvians as persons belonging to the peasant class. Until proclamation of the Republic of Latvia (1918), Latvians gained election experience in electing the councils of civil parishes, cities and the State Duma of the Russian Empire. None of the elections held in the Russian Empire can be considered to be democratic, since the principle of voters’ equality was not complied with. Demand for democratic elections as denial of inequality consolidated among the Latvian people by the end of the 19th century. It is proven by the projects of Latvia’s autonomy, elaborated even before the democratic February Revolution in the Russian Empire (1917). Following the proclamation of the Republic of Latvia, the legislator only enshrined (documented) in legal acts the will of the Latvian people to elect state and local government officials democratically.
Foreign interference in elections may have attracted increased public attention since 2016, but it is a practice virtually as old as modern electoral democracy itself. This book offers the most ...comprehensive account of its normative implications yet. It discusses relevant standards of international law, human rights, and democratic theory, thereby casting a net wide enough to address the fundamental value of human dignity as well as the conditions of real political autonomy. Ultimately, the book identifies potential deficits of legality, accountability, and legitimacy ensuing from certain types of foreign electoral interference, and it provides ideas on what can and should be done in response.
Over the last fifty years, eighteen regional assemblies in Europe have debated the extension of voting rights to foreign residents. Yet only Scotland and the Swiss cantons of Neuchâtel and Jura have ...adopted such legislation. What explains this variation? Through a comparison of debates that have taken place in Italy and Switzerland, I show that multilevel governance expands access to policymaking, but also multiplies veto points in the system. As a result, attempts by regional assemblies to directly give voting rights to foreign residents are generally doomed to fail. At the same time, multilevel governance can be used as a strategy to indirectly shape the political inclusion of different groups. Even if they are unsuccessful in giving the right to vote to foreign residents, these discussions can lead to broader reforms of political rights at the national level.
The subject. The article is devoted to the retirement of a highest official of a constituent entity of the Russian Federation in 2020 due to the loss of confidence of the President of the Russian ...Federation. Special attention is paid to the grounds for loss of such confidence, legal and social nature of confidence and different aspects of restriction of electoral rights for citizens. The purpose of the paper is to demonstrate that the retirement of a highest official in constituent entity of the Russian Federation vindicates electoral rights of citizens and decreases a level of confidence to public power of government and law. Moreover, the aim of this article is to prove that practice of the retirement of a highest official in constituent entity of the Russian Federation not always meet legal standards of negative constitutional legal responsibility. The methodology of the study includes general scientific methods (analysis, synthesis, description) and logical interpretation of Russian legal acts. Social definitions such as confidence and post-truth were analyzed by methods of philosophy and sociology. The main results and scope of their application. The author describes retirement of a highest official in a subject of the Russian Federation as a measure of constitutional responsibility and constitutional legal coercion in scope of practice in 2020. The author realizes, that President's decrees do not consist legal and appropriate basis for such retirement of a highest official in a subject of the Russian Federation, that is why this measure due to such practice cannot be qualified as negative constitutional legal responsibility. The author suggests ways to improve the mechanisms for applying measures of constitutional coercion in cases of retirement of a highest official in a subject of the Russian Federation due to the loss of confidence of the President of the Russian Federation for prevention of public power abusing, such as: 1) establishing in the federal law formally defined constitutional violations, that threaten the foundations of the constitutional system, morality, health, rights and lawful interests of other persons, ensuring defense and security of the state, the presence/absence of which is determined in the manner of a "preliminary" trial by the courts; 2) introduce measures of constitutional legal prevention or restraint against the highest official in a subject of the Russian Federation; 3) in the decrees of the President of the Russian Federation provide specific grounds for the loss of trust, established by the court. In addition to this, the author suggests to change federal law regulation to give a right for citizens, that live in a subject of the Russian Federation, to sue the President's decree about the retirement of a highest official in a subject of the Russian Federation. This measure will guarantee a real judicial protection for electoral rights for citizens. As a result, the article extends constitutional knowledge about measures of constitutional legal enforcement to highest officials in a subject of the Russian Federation.
Las democracias paritarias requieren que las mujeres puedan ejercer la política sin violencias. En esta línea, este trabajo analiza y compara la manera en que los Estados latinoamericanos han ...regulado la violencia política en razón de género. A partir de la aplicación del Índice de Exigencia Normativa (IEN) (Freidenberg y Gilas, 2020) a las legislaciones de diez países de América Latina se mide, a través de diferentes dimensiones (tipificación, coordinación, protección, sanción y reparación) el alcance de las normas y las compara entre sí. Los resultados de la investigación muestran las diferencias entre los sistemas políticos de la región, teniendo unas legislaciones exigentes (México), otros menos (Ecuador, Panamá) mientras la mayoría aún cuenta con regulaciones débiles (Argentina, Bolivia, Brasil, El Salvador, Perú, Paraguay, Uruguay), lo que llama la atención sobre la necesidad de impulsar reformas de los marcos institucionales para garantizar la protección de los derechos políticos-electorales de las mujeres.
This article demonstrates how the promotion of Indigenous women's political-electoral rights in Mexico has furthered a conservative agenda of state securitization. To do so, it presents a discourse ...analysis of national media reports focused on the story of Eufrosina Cruz, a Zapotec woman who became the figurehead for state-led initiatives to promote Indigenous women's rights. It argues that a colonial rescue narrative constructed through Cruz's figure helped generate new hegemonic discourses of gendered indigeneity that portrayed Indigenous peoples' alternative political practices and spaces as anti-democratic and illegal. In an era where advancements in party democracy were linked to processes of state securitization, these categorizations helped justify new forms of state intervention into Indigenous peoples' lives. By exploring how rights initiatives were discursively constructed through racialized, spatialized and gendered constructions of indigeneity, this article contributes to a critical geography of indigeneity within political geography.
The study intends to present the voting systems and procedures that the Nordic states use to the designate their representatives in the national parliaments. The long history of the voting practice ...highlighted the stability of the voting systems in place that also contributed to the creation of political majorities which have offered stability to the political systems in these countries.
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