Contemporary Democratic States Research Articles

Constantin Stere’s View on the Self-Government of Romania’s Sub-National Territorial Collectivities in the First Decades of the 20th Century

Contemporary democratic states make a clear distinction between the matters of national importance and those of regional or local importance. The population of sub-national territorial collectivities, by means of the elected deliberative or executive public authorities, handle an important part of the regional- and local-interest affairs. Thus, the level of local self-government development may be deemed an index of democratic development of the contemporary states. A century ago, the professor, publicist, writer and politician Constantin Stere (1865–1936) used to treat the issues of sub-national territorial collectivity self-government considering the historical, national, and mainly rural particularities in the Romanian area. C. Stere considered that the local self-government phenomenon might and could be treated just starting from the necessity of upholding human rights and liberties, especially the right to elect and be elected within the deliberative and executive public authorities. The results of C. Stere’s research have not lost their relevance and may serve as theoretical grounds for the study and settlement of issues regarding public affairs governance at regional and local level in the contemporary Romanian space

Standard of protection of property rights of owners of residential premises in a democratic country – selected problems considered in the light of Polish constitutional law

The article focuses on presenting key issues revealed in the context of the standard of protection of property rights of owners of residential premises in a contemporary democratic state governed by the rule of law. The considerations presented take into account the perspective of Polish constitutional law and the guarantees of protection of ownership and other property rights as regulated in the Constitution of the Republic of Poland of April 2, 1997 (with particular emphasis on Article 21 and Article 64). The issue addressed in this paper of particular importance from the Polish perspective because, on the one hand, Polish constitutional law formulates relatively broad guarantees for the protection of ownership and other property rights (including those rights of owners of residential premises and tenants – as outlined in Article 21 and Article 64 of the Polish Constitution). On the other hand, there are several practical problems in Poland in this context, including a very significant systemic issue related to the lack of any systemic solutions in the regulation of the short-term rental market by the Polish legislator.

Challenges for public-service delivery: the case of Covid-19 vaccine hesitancy

ABSTRACT The aim of this paper is to identify the most vaccine-hesitant groups in a contemporary democratic state, Sweden. We rely on two representative surveys that were conducted in 2020 and that asked Swedish citizens how likely they were to accept immunization with a Covid-19 vaccine if one were offered to them. Using clustering methods, we find a wide variety of vaccine-hesitant groups, with the highest levels of vaccine hesitancy among individuals who combine low personal health risks with political orientations and ideological convictions that are associated with antivaccinationist attitudes. The paper's findings have important implications for public-health policy and, more broadly, for theories of how governments can convince individual citizens to play their part in achieving important social goals.

Private electoral finance and democratic theory

Private electoral finance and democratic theory

Idea niegodziwości prawa a konstytucyjny obowiązek jego przestrzegania

The obligation to comply with the law specified in Art. 83 of the Constitution of the Republic of Poland is important not only in terms of dogma and law. It is also imminently related to such fundamental notions as the essence of law or recognition that unjust law isn’t law. Considering the above, the purpose of the paper is not only to compare the doctrinal concept of the wickedness of law with Art. 83 of the Constitution, but also to answer the question whether this concept can be applied to contemporary democratic states. The analysed framework can especially be meaningful in democracies that are undergoing the so-called reversed systemic transition as it can help protect them against taking quasi authoritarian or quasi totalitarian forms. The wicked law concept can therefore constitute one of the last, if not the last, level of protection for a democratic system, one of the new forms of implementation of the “defensive democracy”, and its use can be a moral and a legal obligation.

International Methodological Basics of Electoral Law (From Antiquity to Modern Times: Philosophy-Legal Dimension)

The contemporary democratic states consider the concept of political rights, especially the right to vote as a fundamental pillar above all other rights. The political rights are dominant only due to their implementation: people have an opportunity to exercise their power on the one hand, and transfer their power without any political upheavals on the other.
 In this regard, it is worth highlighting that the political rights are one of the corner-stone rights for modern democratic rule of law. According to this thesis, we can persist that the problems of the realization of political rights are decisive and highly important even for the declared and transitional democratic states.
 In this respect, the Republic of Armenia is no exception as the problems of the implementation of political rights are definitely the electoral rights. These rights are among the most acute social problems that young Armenian democracy has faced after the independence.
 The issues in implementation of the political rights are steadily coupled with the problems of imposing punishments for crimes directed against political rights. As the experience of the Republic of Armenia has shown, the number of crimes directed against political rights has increased over the years. The tendency of the growth of the above-mentioned crimes has objective and subjective reasons. Among the objective reasons, we can note the transitional character of Armenian democracy. As for justice, it should be noted that such problems are inherent in almost all transitional states and especially, for modern countries. It is easier to understand, when we observe the experience of communities, which try to pass from the totalitarian rails of state governance to democratic ones. From the other side, the social and economic reasons of the state, poverty of the population can be considered as an objective reason. In terms of subjective reasons, firstly, the disproportionate punishment for crimes directed against political rights should be pointed out, which are the central obstacles for the implementation of political rights.

Geneza i ewolucja parlamentu finlandzkiego Eduskunty

<p>The hereby paper undertakes the analysis of the genesis and evolution of the Finland’s Parliament <em>Eduskunta</em> from the moment of its establishment till nowadays, including the characteristics of its present constitutional position, being a result of its development during the centuries, with paying special attention to the current normative state and made on the basis of the hitherto constitutional practice. The article aims at deriving the origin and presenting the development of this organ in Finland, which in consequence leads to reliable conclusions in the field of determining its current constitutional position in the system of the supreme state authorities of Finland. The subject of the paper particularly focuses mostly on the analysis of the beginnings of <em>Eduskunta</em>’s formation and Finnish parliamentarianism, as well as its further evolution during different periods of its history, i.e. the time when Finland was included into the Kingdom of Sweden, the period when it was incorporated into the Russian Imperium and after it gained independence in 1917. The work also concentrates on the analysis of <em>Eduskunta</em>’s current constitutional position, its composition, internal structure, functions and competences presented on the basis of the exegesis of the provisions of the binding Basic Law of 1999 and the Parliament’s Rules of Procedure. The constitutional principles referring to the Parliament also seem to be of particular significance in this context, for they contribute to a more precise definition of <em>Eduskunta</em>’s constitutional position, as well as to pointing out its originality and dissimilarity regarding parliaments of other contemporary democratic states.</p>

La regulación de la política macroeconómica: un desafío para el derecho público

El Derecho público se desarrolló bajo un paradigma en el que la intervención del Estado sobre la economía era aún reducida y fundamentalmente se proyectaba de manera individualizada sobre los ciudadanos y empresas, lo que determinó que sus técnicas respondieran a este enfoque. Cuando comenzó a desarrollarse la macroeconomía, a partir de los años treinta del siglo pasado, desde el Derecho público no se supo ver la profundidad de la transformación que aquella supuso para el Estado. Por lo que el Derecho público continuó su desarrollo conforme a un enfoque que ya se había visto parcialmente superado, sin adaptarse a la nueva realidad. Sólo recientemente se ha cobrado conciencia de la extraordinaria importancia que tiene la política macroeconómica en el Derecho, por lo que se ha iniciado una regulación tendente a reducir la discrecionalidad de las autoridades económicas. Sin embargo, el resultado se antoja insuficiente para las exigencias de un Estado social y democrático de Derecho contemporáneo y plantea el reto de una renovación en importantes parcelas del Derecho público.

Pozycja ustrojowa parlamentu finlandzkiego Eduskunty

The hereby paper takes up the analysis of the constitutional position of the Finnish parliament Eduskunta from the moment of its establishment and as a result of its development during the centuries, with a special attention paid to the present normative state and on the basis of the hitherto constitutional practice. It aims at deriving the origin and presenting the evolution of this authority at the Finnish lands, which in consequence leads to reliable conclusions in the scope of determining its current constitutional position in the system of the supreme state authorities of Finland. The subject of the paper focuses on the analysis of the beginnings of Eduskunta’s formation and Finnish parliamentarianism, its further evolution, current composition, internal structure, functions and competences presented on the basis of the exegesis of the provisions of the binding basic law of 1999 and the parliament’s rules of procedure. The constitutional principles referring to the parliament and the analysis of Eduskunta’s relations with the other supreme state authorities, which determine the state’s form of government, seem to be of particular significance in this context, as they contribute to a more precise definition of Eduskunta’s constitutional position, as well as to pointing out its originality and dissimilarity regarding other contemporary democratic states.

Influencias de la teoría política y jurídica de Santo Tomás de Aquino en el Estado contemporáneo

The significance of Saint Thomas Aquinas in the history of philosophy is hardly deniable. Yet, a thorough analysis of his contribution to the basic assumptions of the contemporary democratic and social state, based on the rule of law, remains to be done. This essay provides an approach to such question, avoiding both simplistic anachronism and the cliche a of Thomism justifying authoritarian or absolutist rule.

Fundamentos prepolíticos del Estado

El presente trabajo está basado en el análisis del debate que tuvieron en el año 2004 el entonces cardenal de la Iglesia Católica Joseph Ratzinger y el renombrado filósofo alemán Jürgen Habermas. Este debate es inédito toda vez que estos exponentes de posturas filosóficas diferentes sintetizan sus pensamientos de manera extraordinaria. El principal resultado de este trabajo es el hallazgo de cómo autores representantes de pensamientos diversos, religioso y secular respectivamente, teniendo en principio diferentes perspectivas de los fundamentos de un Estado constitucional moderno, llegan a concordar que en la práctica el Estado necesita de fundamentos prepolíticos que incluso lo preceden para que se pueda dar un Estado de derecho real. Finalmente, para enlazar y reforzar los resultados previos, se analizan ciertas temáticas que forman parte de la mencionada tesis, pero a partir de una perspectiva global del Siglo XXI de ciertos pre-supuestos del Estado democrático contemporáneo.

Content analysis of new means of communication in contemporary democratic states

The previous period of United States presidential elections of 1996 has redirected the relevant scientific research to investigate the correlation online communication - political sphere. Consequently were formulated various paradigms and the most discussed was the democratic paradigm, according to which the representation serve as a basic principle of modern democracy. The study of the level of influence of new communication technologies on political sphere became, for a number of scientific investigations carried out in USA, Canada and later in some European countries such as France, Italy, the UK (in 2000 and since 2007 in Romania), an important objective of empirical research. In most cases, the first stage of the investigation of online political communication has been marked by some methodological problems such as: the changeable nature of web space, the necessity to elaborate new indicators able to represent basic aspects of studied reality, the temporal validity of the data. The elaboration of A Model of Cyber –Interactivity by Sally J. McMillan has contributed to overcome these difficulties and has demonstrated the effectiveness of content analysis as research method used for the study of Web Space dynamic reality. Later, the research team from the University of Rochester (Paul Ferber, Frantz Foltz, Rudy Pugliese) have perfected the two-way interactivity model (elaborated by Sally J. McMillan) and have it completed with three-dimensional model of interactivity for the purpose of quantitative investigation of political websites and to argue that these forms of new media correspond to the ideals of cyberdemocracy.

Entre la patologización y el ejercicio de la ciudadanía plena: La experiencia de las personas LGBTTTI

The purpose of this article is to present a theoretical analysis on factors that influence the exercise of citizens’ rights and the visibility of LGBTTTI people in the contemporary democratic State. We consider that a weight of the legal advances achieved continues to permeate in the collective imagination and public institutions a pathological discourse on non-heterosexual people, which generates, on the part of the State, its invisibilization, and on the part of the members of the collective, a lethargy in the search for their rights. However, people through different performative acts, in everyday life, negotiate, finding spaces, situations, people, contexts in which they consider viable, safe, fruitful to be visible, helping with this to counteract the pathological discourse and achieve certain rights of citizenship in a strategic and often partial and temporary way.

The Role of the competition protection authority in the French legal system

Aim: The purpose of the paper is presentation of a French body - Autorité de la concurrence - responsible for protecting competition. The paper will discuss its role, characteristic features and judiciary instruments available to the body. Furthermore, the aim of the paper is to place the above-mentioned body of the French economic administration in the pan-European system for protecting competition and pinpointing the competition policy mechanisms it uses. It is essential to analyse available legislation which applies to the institution. Design / Research methods: The core research method applied in the paper is a formal and dogmatic method which allows for identifying the content of applicable legal standards (including the rights and obligations of the body described in the paper and the entities administered by the body) as well as the rules (presented from the point of view of directives and/or with their description) which form the basis for the standards. In addition, the functional analysis method used to analyse how law works in practice was also used. Sources of French law and literature on the competition law were also analysed. Conclusions / findings: The author concluded that the complexity of economic mechanisms requires an extended and transparent system for maintaining correct operation of the competition protecting authorities and bodies in France. He believes that it is one of the foundations of a contemporary democratic state of law which guarantees delivery on the principles of legality and economic freedom. It was demonstrated that the mechanisms available to the French Competition Office comply with the European competition law and may have a positive impact on entrepreneurs' behaviour on the market. Originality / value of the article: The author believes that the topic of the paper is pertinent and original. So far, only few representatives of the public commercial law doctrine devoted their thoughts to the operation of the European competition bodies. What is more, conclusions from the paper may offer some suggestions to the Polish legislator who may adapt solutions used in French law and create a model of competition and sectoral regulation bodies. Implications of the research: An analysis of French legal standards may contribute to continuing research in the commercial administration and to the application of a comparative method in order to formulate some interesting conclusions. In addition, it may also encourage Polish researchers to take up the topic related to the operation of competition bodies also in other EU states.

Kandydaci drugiego planu w prezydenckiej kampanii wyborczej w 2015 roku: ile uwagi poświęciły im Wiadomości TVP?

In contemporary democratic state media performs many important roles. There is very important relationship between knowledge about candidates, evaluation of candidates, decision about voting and candidate coverage in media. The television is still very important source of political information. The article presents the results of media content analysis of Wiadomości TVP1 before presidential election in 2015 in Poland. The study concerns all candidates who lost in the first round of elections. There was visibility of candidates and media’s favorability examined in the analysis of the most watched TV news program. The analysis shows that the loser candidates are less visible in the program. In addition, Wiadomości TVP1 clearly indicates the low chance of winning the loser candidates.

Statistical Analysis of the Relation Between Inflation and Unemployment in Democratic States Using Spearman’s ƍ Correlation Coefficient With Application in Albania

The main purpose of the present study is to investigate relation between inflation rate and unemployment rate in contemporary democratic states. Spearman’s ƍ correlation coefficient method is applied in our study for Albania during the period January 2005-December 2014. Some results of the study include:  The Central Limit Theorem is not applicable for the quarterly inflation rate as well as for quarterly unemployment rate in Albania during the period January 2005-December 2014 at the confidence level 99.99%. The official data for inflation and unemployment contradict the CLT at very high confidence level 99.99%.  The inflation process in Albania during the period January 2005-December 2014 is an unfair game at the confidence level 99.2%. The unemployment process in Albania during the period January 2005-December 2014 is an unfair game at the confidence level 99.99%.  The inflation and unemployment in Albania during the period January 2005-December 2014 are statistically dependent at the 96% confidence level.  Spearman’s correlation coefficient ƍ= 0.387 indicates a weak positive correlation between inflation and unemployment in Albania during the specified period.  The official data for inflation and unemployment in Albania during the period January 2005- December 2014 are consistent with Friedman’s hypothesis. Keywords: Inflation, Unemployment, Relation, Spearman’s ƍ, Friedman’s hypothesis, Albania.

LEGAL STATE IN THE FUNCTION OF DEMOCRATIZATION OF SOCIETY

The work in question intends to point out that the meaning and importance of social and legal state, to theoretically scientific terms, arises as a necessity from the relevance of its social political life in all democratic states, especially as an issue for post-communist countries that still are in the transition process. It is well known that the functio-ning of the legal state with all its attributes, is a key component in the consolidation of the modern democratic state, which should be guided by the principle of rule of law that applies to everyone equally. At the same time, this work attempts to address the key elements of contemporary democratic states, which are interdependent and very important for a functional state that is dedicated to the realization of a society in which the human rights and freedoms will be the first plan on their agenda, both in terms of natural law and in terms of legal positivism as well. This work aims to promote the importance of the democratic rule of law in its contemporary context as a legal and sociological category, which provides the optimal framework for human freedom, their equa-lity in chances of success, the equality in front of the state authorities and the law, but also the state limitation in prevention and in inability of abuse and arbitrariness. Rule of law, must depart and rely on basic human principles of all social values such as law, justice, morality and principles of democracy. The intention of the work lies precisely in proving that without functioning of the legal state we can not be able to build the modern state that is based on a consolidated democracy.

Estimating Barro misery index in democratic states with application in Albania: 2005 – 2014

In the present study we develop a statistical analysis of the Barro misery index and its components in contemporary democratic states with application in Republic of Albania during the period January 2005- December 2014. BMI is calculated by the formula: BMI = ? + u – GPD + i, where BMI denotes quarterly Barro misery index, ? denotes quarterly inflation rate, u denotes quarterly unemployment rate, GDP denotes quarterly real GDP growth rate, i denotes nominal long-term interest rate. Kolmogorov’s Central Limit Theorem is a fundamental theorem of Modern Probability Theory “Fair game” and “Effective market in week sense” are important concepts of Macroeconomics. Some results of the study include : Kolmogorov’s Central Limit Theorem is not valid for quarterly inflation rates in Albania during the period January 2005- December 2014 at the confidence 99. 9%. The inflation process in Albania during the specified period, related to the quarterly inflation rate, is an unfair game at the confidence 98. 8%. The inflation process in Albania during the specified period, related to the quarterly inflation rate, is not effective at the confidence 97. 5% Kolmogorov’s Central Limit Theorem is not valid for quarterly unemployment rates in Albania during the specified period at the confidence 99. 9%. The unemployment process in Albania during the specified period, related to the quarterly unemployment rate, is an unfair game at the confidence 99. 9%. The unemployment process in Albania during the specified period, related to the quarterly unemployment rate, is not effective at the confidence 99. 9% The official data of the quarterly GDP growth rate for Albania during the specified period contradict Kolmogorov’s Central Limit Theorem at the confidence 77. 1%. The GDP growth rate process for Albania during the specified period is a fair game at the confidence 86. 4%. The GDP growth rate process for Albania during the specified period is not effective at the confidence 99. 9%. The official data of the quarterly Barro misery index for Albania during the specified period contradict Kolmogorov’s Central Limit Theorem at the confidence 96. 1%. The Barro misery index for Albania during the specified period is a fair game at the confidence 84. 8%. The Barro misery index process for Albania during the specified period is not effective at the confidence 63. 7%.

Estimating Barro misery index in democratic states with application in Albania: 2005 – 2014

In the present study we develop a statistical analysis of the Barro misery index and its components in contemporary democratic states with application in Republic of Albania during the period January 2005- December 2014. BMI is calculated by the formula: BMI = ? + u – GPD + i, where BMI denotes quarterly Barro misery index, ? denotes quarterly inflation rate, u denotes quarterly unemployment rate, GDP denotes quarterly real GDP growth rate, i denotes nominal long-term interest rate. Kolmogorov’s Central Limit Theorem is a fundamental theorem of Modern Probability Theory “Fair game” and “Effective market in week sense” are important concepts of Macroeconomics. Some results of the study include : Kolmogorov’s Central Limit Theorem is not valid for quarterly inflation rates in Albania during the period January 2005- December 2014 at the confidence 99. 9%. The inflation process in Albania during the specified period, related to the quarterly inflation rate, is an unfair game at the confidence 98. 8%. The inflation process in Albania during the specified period, related to the quarterly inflation rate, is not effective at the confidence 97. 5% Kolmogorov’s Central Limit Theorem is not valid for quarterly unemployment rates in Albania during the specified period at the confidence 99. 9%. The unemployment process in Albania during the specified period, related to the quarterly unemployment rate, is an unfair game at the confidence 99. 9%. The unemployment process in Albania during the specified period, related to the quarterly unemployment rate, is not effective at the confidence 99. 9% The official data of the quarterly GDP growth rate for Albania during the specified period contradict Kolmogorov’s Central Limit Theorem at the confidence 77. 1%. The GDP growth rate process for Albania during the specified period is a fair game at the confidence 86. 4%. The GDP growth rate process for Albania during the specified period is not effective at the confidence 99. 9%. The official data of the quarterly Barro misery index for Albania during the specified period contradict Kolmogorov’s Central Limit Theorem at the confidence 96. 1%. The Barro misery index for Albania during the specified period is a fair game at the confidence 84. 8%. The Barro misery index process for Albania during the specified period is not effective at the confidence 63. 7%.

Compensation Liability for Damages Incurred while Exercising Public Authority: a Basic Pillar of Democratic State Ruled by Law

The leading aim of this paper is to portray the constitutional institution of compensation liability for unlawful acts of public authorities in Polish law related to the development of general principle concerning democratic rule of law. Compensation for damages brought upon the citizens by civil servants constitutes a basic pillar of contemporary democratic state, because it guarantees acting by public authorities in compliances with law and deepen trustfulness. It is also said that the state of the above–mentioned institution indicates the development of democracy.