Constitutional Ban Research Articles

Elections under the conditions of marital state: constitution, legislation, reality

The issue of electoral legislation and its features during martial law are explored in the article. On the basis of a careful analysis of the constitutional norms, it was found that for most types of elections, the impossibility of holding them is established only in legislative acts. At the same time, it has been proven that the formal absence of a constitutional ban on launching the election process in the conditions of the ongoing large-scale invasion of the Russian Federation does not solve any real problem that currently makes democratic elections in Ukraine impossible.
 The classification of the reasons for the refusal of democratic states to hold elections during the war has been studied and proposed. In particular, such reasons as electoral (interference of an enemy state, lack of free campaigning, etc.), economic (expenses for conducting elections), security, political (moments of political instability may arise during the transfer of power from the old government to the newly elected one) etc. are highlighted.
 The concept of “rally around the flag” is described, the historical example of the defeat of the “father of victory” Winston Churchill in the post-war elections with an analysis of the reasons, and the results of a number of sociological studies are also considered. The latter demonstrate a high level of citizen support for the current President of Ukraine, in particular as the Supreme Commander. The authors concluded that there is a sufficient level of legitimacy of state authorities, which will most likely be confirmed by elections. The expediency of all risks and costs under such conditions is assessed as doubtful.
 The possibility of using electronic voting was considered. It was concluded that such proposals are premature in view of the non-acceptance by the people of Ukraine of such a way of expressing will and the technical capabilities of the state.
 At the same time, the authors point out the need to prepare a regulatory framework and develop new mechanisms, in particular, using digital technologies, both for post-war elections and for elections under martial law. The article also examines the concept of Military democracy, i.e. militarized or military democracy, i.e. a state with a democratic system operating in wartime conditions.

The Irish family, marital breakdown and the Josie Airey case, c. 1974-1981

Centring the role of women, particularly Josie Airey, this article outlines the activism and legal process that led to improvements in family law and the provision of civil legal aid for the first time by the Republic of Ireland. In tandem with the gradual liberalisation of Irish family law, the question of the provision of civil legal aid was set alight by the legal proceedings brought against the state by Josie Airey, which went all the way to the European Court of Human Rights in 1973; though a ruling was not issued until 1979. In a country where society, the polity, the Catholic hierarchy and the Constitution demonstrated a deep fealty to the heteronormative model of family within marriage, and where a constitutional ban on divorce remained intact until 1996, this article explores the contextual significance of these developments in Irish society. Part one provides a systematic analysis of the changing legal status of married women from 1964-1976, connecting these changes directly with feminist activism. Part two examines the formation of the Free Legal Advice Campaign (FLAC), the Josie Airey case and the resultant limited system of free legal aid provided by the state from 1980. It is argued that feminist activism and the additional statutory pressure of Ireland’s status as an EEC member state were key factors for reform. Crucially, this research places the outcome of the Josie Airey case in the historical chronology of the expansion of married women’s rights, underscoring its importance in terms of public awareness of the intransigence of the Irish state in this area.

Prohibition of cross-border water transport in the conditions of the Slovak Republic and its legal consequences

The Slovak Republic decided to protect its water resources by prohibiting cross-border water transport. The ban was incorporated into the Constitution of the Slovak Republic. As an administrative regulation, this constitutional norm was subsequently detailed in ordinary legislation, namely the Water Act. The adoption of this ban has raised doubts about its compatibility with the European Union (EU) law, in particular, regarding the quantitative restrictions on exports and imports of goods between the member states. This constitutional prohibition and the subsequent administrative regulation have caused interpretative and applicative confusion. Therefore, in this paper, the author assesses the limits of possible restrictions on water transport across the Slovak Republic borders, taking into account the limits resulting from the EU law. This study aims to analyze and assess the manner and consequences of the constitutional ban on water transport across the Slovak Republic’s national borders.

Abortion as healthcare: The adaptability of medicalization and legalization in post‐repeal anti‐abortion politics

AbstractAfter a 35‐year‐long constitutional ban on abortion, the Eighth Amendment was repealed in May 2018 and the Health (Regulation of Termination of Pregnancy) Act 2018 was introduced in the Republic of Ireland. Although “Repeal” and the legalization of abortion marked a significant transformation in reproductive governance, many aspects of the new abortion policy continue to complicate abortion care access and provision. In this article, I explore the mobilizations of health and rights in political discourses on abortion after legalization. In doing so, I identify how moral governance operates in post‐Repeal abortion politics. I critically consider restrictive strategies in abortion politics in Ireland and compare these to a number of recent key anti‐abortion tactics in the United States. As such, I situate post‐Repeal and post‐Roe abortion debates within parallel temporalities of abortion governance and highlight the adaptability of discourses on health and rights in shifting legal contexts.

The discursive construction of gender and agency in the linguistic landscape of Ireland’s 2018 abortion referendum campaign

ABSTRACT In a 2018 referendum, the Irish electorate voted in favour of repealing Ireland's quasi-total legal ban on abortion. The referendum campaign saw important public discussions regarding gender roles in twenty-first century Ireland. While the constitutional ban on abortion was condemned by abortion rights advocates for marginalising women's agency, the legislation which replaced it has not escaped criticism either. Therefore, questions surrounding the conceptualisation of women's agency in the 2018 referendum are still relevant today. Adopting a multimodal critical discourse analysis approach, this paper analyses signage from the weeks before the vote to examine the discursive construction of women's agency in the linguistic landscape of the referendum campaign. I argue that many mainstream campaign organisations – including those arguing for liberalisation of abortion laws – were complicit in the discursive diminishment of women's agency, suggesting that the campaign did not necessarily challenge prevailing ideologies of gender and agency.

A Tale of Two Referendums: A Comparative Study of the Anti-Amendment Campaign and Together for Yes

The 8th Amendment, Ireland’s constitutional ban on abortion, may be viewed as a prism through which shifting ideas about women and sexuality in Irish society can be understood. How did Ireland move from being the first country in the world to offer constitutional protection to the ‘unborn’, to a country that enthusiastically voted to support abortion as a legitimate choice in pregnancy at a time when, internationally, the tide appears to be shifting towards more restrictive abortion regimes? This article offers a comparative study of two referendum campaigns; the feminist-led Anti-Amendment Campaign that organised to oppose the introduction of the amendment in 1983; and Together for Yes, the 2018 campaign to remove the amendment. Focusing on these two campaigns will allow an exploration of how over the course of 35 years’ abortion moved from being a one dimensional ‘moral’ issue to a multi-dimensional political and social question that reflected changing attitudes to sexuality and the role of women in public life. This article examines the political compromises the campaigns made, highlighting the lessons that can be taken forward in order to achieve a more emancipatory discourse of reproductive agency both in Ireland and internationally.

Ní Saoirse go Saoirse na mBan: Gender and the Irish language in the linguistic landscape of Ireland's 2018 abortion referendum

AbstractIn a 2018 referendum, the Irish public voted to lift the Irish state's near-total constitutional ban on abortion, bucking a recent global trend towards restrictions on reproductive rights. While abortion rights have long been a major concern of Irish feminists, appeals to national identity have often been viewed with suspicion by the women's rights movement in Ireland due to the historic role of national identity construction in perpetuating gender-based inequalities. This article explores the way(s) in which discourses of Irish identity and gender were mediated by the use of Irish in the linguistic landscape (LL) at the time of the vote. Proposing a modified version of Du Bois’ (2007) stance triangle, I argue that signs use Irish as both a means of stancetaking and as an object of stance in itself, thus effectively taking a stance on both the referendum and on Irish national identity, indexed by the language. (Stancetaking, Irish (language), national identity, gender, abortion, Eighth Amendment)

What Matters – Size, Membership or Mobilization?Analyzing the Factors that Contribute to the Success or Failure of Ethnic Minority Parties – A Comparative Case Study of Albania and Bulgaria

The aim of this article is to examine which factors contribute towards the success or its lack of an ethnic minority political party. With a comparative case study of two countries - Albania and Bulgaria, and by implementing the most similar case design (Mill’s method of difference), we test two hypotheses. Mainly, the focus is on EU membership and the size and mobilization practices of the ethnic minority i.e. whether these factors where the countries differ, have determined the position of the ethnic minority parties within the respective countries. The results defy the commonly applied theory that the institutional arrangement of the political and electoral system determines the likelihood of success for each political party, including the political parties of the ethnic minorities. In the case of the ethnic Greek parties in Albania, the constitutional ban took a toll on their success rates, while the party of ethnic Turks in Bulgaria managed to surpass it. The differing outcomes of the ethnic minority parties in both countries where the institutional arrangement is similar, calls for further research on potential intervening and antecedent variables, such as the international position of the country in question, the size of the ethnic minority, and the mobilization capacities of the party which represents them.

Rysslands konservativa vändning och den globala anti-genusrörelsen

The amendments to the Constitution of the Russian Federation adoped after a 2020 referendum included a constitutional ban on same-sex marriage. This is a recent manifestation of the turn to ‘traditional values’ in Russian politics and society, the best-known expression of which is the 2013 ban on ‘propaganda for non-traditional sexual orientation’. This development cannot be understood as solely reflecting ‘traditional’ attitudes of the Russian population, nor as a backlash against LGBTQ activism. The turn to ‘traditional values’ must be considered in the context of a global pattern of increased pro-family mobilization, which opposes LGBTQ rights, feminism and the alleged undermining of gender as biologically determined and strictly binary – described by researchers as ‘anti-gender mobilization’. Traditionalist politics in Russia should be analysed in a transnational and international perspective, but conservative mobilization is not a monolithic phenomenon. Using the concept of ‘discourse coalition’ developed by Maarten Hajer, I show how the identification of shared storylines enables a range of actors to act in similar ways, sometimes coordinating their actions, despite ideological, religious or strategic disagreements, on the domestic as well as the global arena.

Obowiązek rejestracji prasy a postęp technologiczny

The aim of the article is to show the evolution of the requirements related to publishing the press and to define the directions of new legal changes. The current regulations are inadequate to the contemporary realities of the media market and communication possibilities. The obligation to register the press can be seen as a relaxed follow-up to the authoritarian or totalitarian regimes’ requirement to obtain a license to publish a journal or a periodical. Press registration would be a democratic alternative to obtaining a press license only if certain values supported it, including the interests of other persons and entities. Currently, such interests are secured by other regulations. The considerations of the courts and legal science focus on the possible contradiction of the current regulation on the registration of newspapers and magazines with the constitutional ban on licensing the press. However, it should be taken into account to a greater extent that the dissemination of the internet and computer hardware has made it more complicated to register a periodical than to start a simple press activity. Therefore, the obligation to register the press in its present form is unreasonable.

Colonialism, Human Rights, and Abortion in Ireland

This essay explores the role of narratives in the field of the Irish abortion debate. In specific, it explores the different types of narratives that both the pro-choice and pro-life groups manipulate in order to draw support from The Irish populace. The author explains that the pro-choice groups employ political-legal narratives To argue for the right to abortion whereas historical narratives and anti-British sentiments are more commonly found within pro-life narratives. However, the true purpose of the pro-life narratives is to prevent the secularization and liberalization of Ireland's laws, thereby maintaining the patriarchy at the top of the social hierarchy. However, with the 2018 referendum on the constitutional ban on abortion resulting in a liberalization of Ireland's abortion laws, the lack of success on The pro-life end is revealed, and a possible wave of liberalization may follow to permanently shift the social hierarchy.

Нужна ли России государственная идеология?

The article continues the discussion of recent years regarding the constitutional ban on the establishment of state or mandatory ideology in Russia. History shows that the state ideology, which did not master the minds of people in an honest and open contest with other views and doctrines, but introduced from above, at a turning point surrendered its position without a fight and turned out to be unable to defend the values that it proclaimed. The author of the article notes the cyclical changes in the spiritual life of the country and reflects on what ideological principles are in demand today in the Russian legal system.

The anticipatory politics of homophobia: explaining constitutional bans on same-sex marriage in post-communist Europe

ABSTRACT As the number of European countries that recognise same-sex unions increases, so does the number of countries that resists this institution. This trend runs counter to the conventional wisdom, which links anti-LGBTI policies to domestic demands and developments. Instead, this paper argues that political homophobia needs to be situated within an international context. Using the Slovak case as a plausibility probe, the article shows that the bans on same-sex marriage were adopted as a precautionary measure: worried by the growing support for LGBTI rights elsewhere in Europe, conservative lawmakers feared that their traditional family values would come under threat.

Imaginary competition must be expressly prohibited by law

The article reveals the content of the concept of imaginary competition and its negative impact on real competition. The formal normative approach to the interpretation of the constitutional ban on monopolization and monopolistic activity is criticized. The necessity of legislative consolidation of prohibition (prohibitions) on imaginary competition form (forms) of monopolistic activity is substantiated.

The Irish Healthcare System: A Morality Tale.

A country's healthcare system-the protection and healing of some its weakest people, its sick and injured-could be considered to be one of the most definitive expressions of its national morality. In recent decades, Ireland has experienced profound cultural changes; from a mostly monocultural and religious society to a multi-ethnic one, where secular ideas predominate. Economically, it is largely neoliberal, with one of the world's most open economies, and one of its lowest corporate tax rates; though there is also a welfare state. Its healthcare system has reflected these cultural changes. The system has evolved, gradually, from being run almost exclusively by religious groups, to becoming essentially secular in nature (though religious groups are still involved at the ownership level). Overall, the system is run according to the two competing secular ideologies which currently predominate; it is a two-tier system, with a mix of a neoliberally oriented (though government subsidized) private system, and a public system. The latter has been starved of resources in recent decades; so to achieve good, or at times adequate healthcare, it is almost essential to have private health insurance (which about half of the population have).This two-tier system has led to significant concerns and occasional scandals; for example, patients dying while on waiting lists for public treatment, who could have been treated and possibly saved if they had health insurance. A purely ethical approach to healthcare-with the aim of healing the sick-has been mixed with competing motives, such as the desire for profit in the private sector, or for short term savings and box-ticking in the public system. Thus, good healthcare practice and best moral practice are being undermined by competing agendas.In this article, I describe and reflect ethically on the Irish healthcare system, and how it has evolved to its current state. I also discuss how dysfunction in the healthcare system, leading to the death of a pregnant woman, Savita Halappanavar, was a major factor in a constitutional ban on abortion being overturned.

Mediating abortion politics in Ireland: media framing of the death of Savita Halappanavar

ABSTRACTOn 28 October 2012, Savita Halappanavar, an Indian woman living in Ireland, died in hospital while under medical care for a miscarrying pregnancy. According to her husband, her repeated requests for an abortion were ignored because of the presence of a foetal heartbeat. Ms Halappanavar’s death was a critical event in the process leading to a referendum on 25 May 2018, when the Irish electorate voted to repeal the Eighth Amendment of the Constitution, removing the constitutional ban on abortion. The name Savita has become indelibly linked to the changing course of abortion politics, so it is timely to reassess the role of the media in shaping the parameters of the debate about the impact of her death on the issue. This study presents a frame analysis of Irish newspapers in the weeks following her death, mapping the political, medical, legal and socio-ethical discourses, as well as the related contemporaneous events that set the agenda for the type of debate that was to follow. It identifies four media frames: Public Tragedy, Political Opportunity, Abortion Legacy and Maternal Health. Our central argument is that the overall effect of media framing provided much face-saving for politicians in the way that the legislative issue was viewed through a conservative party-political lens, despite public outrage.

Insights from outside BJOG

Insights from outside BJOG

The abortion referendum of 2018 and a timeline of abortion politics in Ireland to date

ABSTRACTIn 2018, Ireland voted to remove its constitutional ban on abortion in almost all circumstances. This overturned a previous decision by referendum to institute such a ban in 1983. The scale of the change in Irish society that this vote has displayed is significant, representing an even further shift towards a more socially liberal outlook than that seen in the marriage referendum of 2015. As with the previous referendum, this referendum is also of interest to scholars of deliberative processes, given the key role played by Ireland’s Citizens’ Assembly in progressing the debate and shaping both the referendum question and the draft legislation that was to follow. This report provides the historical context of this referendum with regard to Ireland’s previous abortion regime and antecedent referendums on this topic, as well as discussing the deliberative processes and the dynamics of the referendum campaign itself.

From 'Bully Boys' to 'Willing Servants': Police, the Third Degree, and Indian Courts: 1861-1961

This paper examines the development of India's statutory and constitutional rules to forestall improper police practices designed to compel self-incrimination. Focusing on the period between 1861-1961, it describes how the judiciary consistently limited the potential of this legal framework to police the police. This was due to the choice of interpreting the rules as a means to ensure reliability of evidence, rather than as safeguards for defendants against police abuses. These widely-held judicial attitudes in colonial courts influenced the interpretation of independent India's constitutional ban against compelled self-incrimination as well. This paper attempts to explain why the Supreme Court chose to adopt a restrictive view of that protection, contesting its legal sufficiency but suggesting that, perhaps, that choice was forced upon a nascent Court which had to pick its battles.

Sposoby obejścia konstytucyjnego zakazu reelekcji — kazus Nikaragui

The exclusion of the constitutional ban against reelection — example of NicaraguaThe Nicaraguan Constitution of 1987 in its original version guaranteed the free presidential re-election. The limits clause has been introduced by the amendment of 1995. Daniel Ortega who returned as the president in 2006 was directly interested in removing the restriction. The Sandinista National Liberation Front has no required majority in Parliament to carry out the amendment procedure. They seek the alternative solution, such as judicial instrument. The Nicaraguan Supreme Court sentence emitted on 19th of October 2009, declared the inapplicability of 147 of ConstitutionThe way to unlimited re-election has been opened. The purpose of the article is to analyse the process of changes of Nicaraguan Constitution between 1995 and 2014, regarding the re-election clause. The judicalization of this process shall be emphasized. In particular, the author will present legal analyse of both sentences of Nicaraguan Supreme Court i.e.emitted in October 2009 and September 2010It will be assessing in the context of the president-election’s regulation in Latin America presidentialism.