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91. Citizenship, the Vector of Present? Considerations de lege lata Based on the Polish Domestic Law

Author:
Małgorzata Babula
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The modern world is opening up to a series of innovations, differences and broad- ly understood diversity. The pace of changes becomes a peculiar substructure of creating patchwork nations. The variety of races, colors, religions and cultures. All of the above con- tain a point which, like an electron, resembles an omnipresent “variant”. This constant value is a human being. We are accompanied by a sense of belonging to a specific place, culture and values. On this basis, we expect something (e.g. having rights and freedoms). Citizenship seems to be a binder that puts us in a clearly narrowed community with certain values and often allows us to distinguish our own “self ”. Created by history, absorbing presence, citizen- ship is an important element of our affiliation to the country, to culture and to the values hid- den behind them. In the world of diversity, it seems to be a desirable and important element. The purpose of this article is to discuss the contemporary role assigned to citizenship, as well as to show the citizenship as a factor shaping the position of the individual and justifying the distinction made in specific areas of human functioning in the state.
Topic:
Law, Constitution, Citizenship, Civil Rights, and Domestic Policy
Political Geography:
Europe and Poland

92. Brexit and Renewables in Scotland

Author:
Nicola McEwen, Aileen McHarg, Fiona Munro, Paul Cairney, Karen Turner, and Antonios Katris
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
UK in a Changing Europe, King's College London
Abstract:
This briefing paper considers the extent to which renewables in Scotland are shaped by the policy responsibilities and decisions of multiple governments: the Scottish government, the UK government and the EU. The paper explores the significance of EU membership in shaping Scottish renewables and considers the likely effects of the UK’s exit from the EU. Despite limited constitutional power, promoting renewables has been a key priority for successive Scottish governments, central to both its environmental and economic policies. While the main policy drivers rest with the UK government, stakeholders in Scotland place importance on the EU regulatory framework, EU funding and finance, multinational cooperation and long-term strategic thinking in supporting the development of renewables in Scotland. The briefing identifies varying levels of concern among key stakeholders with regard to the impact that Brexit may have on renewables in Scotland. Many expect policy continuity, irrespective of the UK-EU relationship. Others are fearful of the uncertainty surrounding access to the EU internal market, access to project funding, access to labour and expertise, and added costs and delays in supply chains in an industry heavily reliant on kit from the EU. The biggest impact of Brexit to date has been the dominance of the issue on the political agenda, leaving little space for policy development in other areas, including energy. In addition to the regulatory, financial and trade challenges it may generate, Brexit has also reignited the debate on Scotland’s constitutional future, creating further uncertainties for the future of renewables.
Topic:
Government, European Union, Constitution, Brexit, and Renewable Energy
Political Geography:
United Kingdom, Europe, and Scotland

93. The future of our shared island: a paper on the logistical and legal questions surrounding referendums on Irish unity

Author:
Colin Harvey
Publication Date:
02-2019
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
The debate on Irish Unity has intensified. Brexit is only one part of this, as more people question the merits of the existing constitutional arrangements. The focus is now shifting to constitutional conversations about how the island is shared in the future, and the timeframe for what is often referred to as a “border poll”. The difficulty remains that there are several unanswered questions about the process, as many interventions understandably concentrate on the merits of this option. We believe that the debate around the referendums must be normalised as momentum builds towards setting out a precise timeframe. In this paper our intention is to examine logistical and legal questions that have thus far been neglected. This paper is therefore drafted with two principal considerations in mind: How can referendums on Irish unity be achieved? How can they be won?
Topic:
European Union, Constitution, Brexit, and Referendum
Political Geography:
United Kingdom, Europe, Ireland, and Northern Ireland

94. A national recovery programme for languages

Author:
Nia Griffith, Baroness Coussins, David Amess, Tonia Antoniazzi, Lord Dykes, and Baroness Garden of Frognal
Publication Date:
03-2019
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
The case for languages is compelling and urgent. The UK’s languages deficit is holding us back economically, socially and culturally. But the UK is in a languages crisis. The All-Party Parliamentary Group on Modern Languages calls on Government, civil society and all stakeholders to act now, to reverse this national crisis.
Topic:
Politics, European Union, Constitution, Economy, Language, and Society
Political Geography:
United Kingdom and Europe

95. North Macedonia: What’s Next?

Publication Date:
01-2019
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
In January 2019, Macedonia’s parliament approved, by a two-thirds majority, a constitutional amendment to change the country’s name to the Republic of North Macedonia. While this represented a major step toward North Macedonia’s ultimate goal of establishing a durable, stable democracy, the name change must still be endorsed by Greece’s parliament before it can go into full effect. But as a new report from the Open Society European Policy Institute shows, a newly-named North Macedonia would still face significant challenges—and opportunities. North Macedonia: What’s Next? examines the 2018 Prespa Agreement between neighboring Greece and North Macedonia, which laid out agreed upon conditions for resolving the longstanding dispute over Macedonia’s name, and what it means for the larger project of integrating the countries in the Western Balkans more fully into the political and economic systems of Europe, the British Isles, and the United States. The report further explores how key players—such as the European Union, NATO, Russia, other Western Balkans states—approach the Prespa Agreement, explains the significance of the name change in larger geopolitical terms, and offers insight into possible scenarios for the final resolution of this fraught and lengthy conflict.
Topic:
NATO, Democratization, Regional Cooperation, European Union, Democracy, Constitution, and Nation-State
Political Geography:
Balkans, Macedonia, and North Macedonia

96. Venezuela’s Presidential Crisis and the Transition to Democracy

Author:
Jose Ignacio Hernandez G.
Publication Date:
01-2019
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies (CSIS)
Abstract:
Venezuela’s presidential crisis is caused by the absence of an elected president that can assume the presidency since January 10, 2019, the day that, according to the Venezuelan Constitution, a new presidential term began. Articles 230 and 231 of Venezuela’s constitution establish that the presidential term begins on January 10 of each term (the inauguration day). That day, according to the constitution, the elected president must assume the presidency through an oath presented at the National Assembly (the Venezuelan Congress. Nicolás Maduro is claiming that he is the elected president because the Venezuelan electoral authority (the National Electoral Council) proclaimed him as Venezuela’s president after the May 20 election. However, that election was convened by the illegitimate national constituent assembly that does not have the authority to organize elections according to the constitution. In addition, that process was organized in violation of several political rights, basically, due to the unconstitutional ban declared on the main political parties and leaders. Also, the May 20 election violated the principle of transparency during all the electoral cycle. Finally, Maduro´s regime used the complex humanitarian emergency as a political tool to exercise coercion over the voters. This is why the National Assembly declared such elections as non-existent. Also, more than 50 countries decided not to recognize that election. As a result, Nicolás Maduro cannot be recognized as the legitimately elected president in Venezuela, as was declared by the Lima Group in a statement dated January 4, 2019. Because of this, he is usurping the presidency of Venezuela, as a non-elected president in charge of the office.
Topic:
Elections, Democracy, Constitution, and Transition
Political Geography:
South America and Venezuela

97. The Proposed Changes to Judicial Oversight of Government Powers: Justified Measures or an Erosion of Democracy?

Author:
Pnina Sharvit Baruch
Publication Date:
05-2019
Content Type:
Working Paper
Institution:
Institute for National Security Studies (INSS)
Abstract:
Amid the coalition negotiations underway in Israel there is a heated debate over various proposals regarding significant changes to the legal oversight of governmental and parliamentary work. Remarkable throughout the debate of these proposals is the lack of regard to their impact on the preservation and promotion of the character of Israel as a Jewish and democratic state, and instead, there is a worrisome focus on political and personal motives. Against this background, it is possible to propose several recommendations. First, in the current debate, the Court is accused of "stealing democracy" and of being a political institution with a blatantly left wing agenda. This incorrect premise, which undermines the ability to conduct a public debate in constructive fashion and erodes the legitimacy of the Court and the public's faith in the Court, must be reversed. Second, there is room for discussion on appropriate constitutional changes. Democratic countries around the world have differing successful constitutional structures, and there is no "one right answer." Yet any future change must be carried out through a focused discussion that incorporates all relevant parties, including politicians, judges, and academics with expertise in the field. Finally, whatever the eventual constitutional changes, they must not undermine the basic principles of the separation of powers, the rule of law, and the power of the Court to practice effective oversight of the government. These are essential building blocks for proper democratic rule.
Topic:
Governance, Democracy, Constitution, and Secularism
Political Geography:
Middle East and Israel

98. Gender Quota Legal Brief

Author:
The Carter Center
Publication Date:
03-2019
Content Type:
Working Paper
Institution:
The Carter Center
Abstract:
This brief reviews the current legal posture of the two-thirds gender rule in the 2010 Kenyan Constitution, which mandates that no more than two-thirds of the members of any elected or appointed public body be of the same gender. It traces the developments of the two-thirds gender rule legislation from its beginning in the 2010 Kenyan Constitution until the most recent implementation attempt in early 2019.
Topic:
Gender Issues, Democracy, Constitution, Equality, and Legal Sector
Political Geography:
Kenya and Africa

99. Electoral Rights and Intellectual Disability: Considerations de lege lata

Author:
Małgorzata Babula
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The Constitution of the Republic of Poland mentions as one of the principles of electoral law its universality. This means that anyone who meets the requirements of law is entitled to vote. The admissibility of exclusions from this principle is also expressly defined by the law. One of the limitations in the exercise of electoral rights is an intellectual disability resulting in the incapacity of the individual. Meanwhile, Poland’s international obligations resulting e.g. from the ratification of the Convention on the Rights of Persons with Disabili- ties provides with a necessity of a deeper reflection on the present solutions. The ratification by Poland of the UN Convention has stimulated discussion on the political rights of people with intellectual disabilities, extending the field of debate on the legitimacy of the current form of institution of incapacitation. The aim of this article is to reflect on the current solu- tions in the exercise of electoral rights by people affected by intellectual disability but not being incapacitated.
Topic:
Intelligence, Elections, Constitution, Discrimination, Disability, and Political Rights
Political Geography:
Europe, Eastern Europe, Poland, and Central Europe

100. The Narrative of Political Islam: Constitutionalism and Human Rights

Author:
Nikola Gjorshoski
Publication Date:
06-2018
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
One of the essential postulates of political orientation and determination for the building of stable societies and a functioning political system in its content recognizes and imposes the need to examine the relation of relevant political actors to constitutionalism and human rights as concepts and preoccupations for any modern society. Also, constitutionalism and human rights and freedoms as its inseparable category manifest the political values and the corpus of essential and common political goals and commitments of a particular political community. Political Islam as an ideological political subject has its own sources and a valuable orientation framework through which prisms and perceptions can be interpreted or extracted by individual axiological determinants to certain issues. This paper analyzes exactly the relations of political Islam with constitutionalism and human rights, and similarly to the so-called framework it draws attention to the concepts of power, the mechanisms of control and compliance with the Sharia regulations. At the same time, the importance of human rights and freedoms in the Islamic narrative, their nature and scope, as well as the differences with the western established documents in this area are emphasized and analyzed.
Topic:
Government, Human Rights, Islam, Constitution, and Sharia
Political Geography:
Middle East, North Africa, and Global Focus