Guardians Of Democracy Research Articles

Is the rule of law really a European concern? Mediatized rule of law conflicts and the contestation of the independence of the judiciary in France and Italy

ABSTRACT The rule of law is considered a foundational value of the EU, yet its validity and implementation remain heavily contested. The article investigates the Europeanisation of rule of law conflicts related to the independence of the Judiciary in Italy and France. Through a claims-making analysis of a representative sample of French and Italian legacy media and Facebook news coverage, the selective salience of the 2018–2023 conflicts over the independence of the judiciary in Poland and Hungary in relation to the application of EU sanctioning mechanisms can be established. Journalists reaffirm their traditional role as guardians of democracy, focusing on monitoring rule of law compliance and detecting violations. However, judicial independence remains primarily a domestic issue, with limited Europeanisation. Public contestation of the EU’s rule of law conflicts with Poland and Hungary is driven primarily by the populist right, not by centre and left parties or the French and Italian governments. There is thus a tendency to instrumentalise EU rule of law conflicts in order to reclaim sovereignty at the expense of debates on democratic control and the protection of the independence of the judiciary.

Strengthening the Constitutional Court’s Authority to Adjudicate on Disputes Regarding the Result of Regional Head Election In Indonesia: an Urgency to Clarify the Constitutional Framework

<em>Since the Constitutional Court is the guardian of democracy and the constitution, it is responsible for ensuring that elections in Indonesia are held in a democratic manner. The power rotation process must be carried out calmly and collectedly, without any significant breaches of people's fundamental rights or acts of violence. The instrument of authority is a necessary component for the Constitutional Court to achieve all of the goals stated in the text. The functioning of the Constitutional Court's authority to resolve disputes relating to the outcomes of Indonesia's regional head elections will be further examined in this research.</em> <em>Then, in order to determine the necessary treatments, a worldwide comparison of the increasing symptoms with those of other countries will be carried out. The research methodology used is doctrinal legal study using a comparative constitutional research strategy. The findings demonstrated the weakness of the Constitutional Court's authority to resolve disputes over the outcomes of regional head elections. It was observed that there were </em><em>three distinct interpretations of the norms that formed the basis for legitimacy, which resulted in progressive changes to this authority. The Republic of Indonesia's 1945 Constitution's ambiguous normative framework for regional head elections has led to ongoing interpretations</em> <em>It is really unique in light of the fact that the constitutions of 43 of 72 unitary nations in the world </em><em>fully regulate election procedures and the course of </em><em>dispute settlement in the event of a dispute. In fact, they specifically mention in one or more of the Constitutional Court's complete authority articles the nature of authority and the scope of elections. It is imperative to promptly establish the precedent with clear legal politics declaring that regional head elections are elections in order to guarantee that the Constitutional Court hears the majority of cases.</em>

The Fourth Estate Unbound: Examining Press Law and Ethics in the Digital Age in Indonesia

In Indonesia, the digital age has transformed the media landscape, ushering in new opportunities and challenges for press freedom, law, and ethics. This paper investigates the evolving role of the press in Indonesia's digital era, with a specific focus on the legal and ethical dimensions. It delves into the implications of online platforms and social media on news dissemination, exploring the regulatory frameworks governing journalism and the ethical dilemmas faced by journalists. Additionally, it examines the impact of digital technology on media ownership, censorship, and the proliferation of misinformation. Through case studies and scholarly research, the paper seeks to provide insights into how Indonesian media can navigate these complexities while upholding press freedom and ethical standards. Key areas of analysis include the historical context of press freedom, integrity in online news reporting, challenges to traditional media outlets, strategies for combating misinformation, and the legal implications of digital journalism. Ultimately, the paper aims to contribute to a deeper understanding of how Indonesia's media can adapt and thrive in the digital age while maintaining their essential role as guardians of democracy and public discourse.

Over The Limit of Authority of The Constitutional Court In Resolving Disputes About The Results of The General Election

The limits of authority possessed by the Constitutional Court in deciding disputes regarding the results of general elections as stipulated in Article 24C paragraph (1) of the 1945 Constitution have given a narrow interpretation which is to assess the difference in the figures set by the KPU. The limited authority of the Constitutional Court has caused the decline in the quality of elections. The Constitutional Court does not dare to take on its broader authority even though its position as guardian of the constitution as well as the guardian of democracy. The wider authority of the Constitutional Court needs to be given that every election will always be followed by violations and fraud.

PERAN MAHKAMAH KONSTITUSI SEBAGAI PENGAWAL DEMOKRASI DI INDONESIA

The role of the Constitutional Court (MK) as the guardian of democracy can be seen from its decisions related to judicial review and dispute resolution on election results. Problems: (1) What is the role of the Constitutional Court in guarding democracy in Indonesia so far? (2). How to increase the role of the Constitutional Court as the guardian of democracy in Indonesia? This writing uses a normative juridical method. The results of the study, the role of the Constitutional Court as the guardian of democracy: (1) the indicators are judicial review decisions that contribute to the development of democracy in Indonesia, such as Decision: No. 011-017/PUU-I/2003; No. 013-022/PUU-IV/2006; No. 013-022/PUU-IV/2006; No. 6/PUU-V/2007 and others. Meanwhile, the Constitutional Court's Decision regarding the resolution of disputes over the phenomenal election results is Decision No. 41/PHPU.D-VI/2008 which applies the concept of systematic, structured and massive election violations. However, there is also a conservative Constitutional Court Decision in Decision No. 51-52-59/PUUVI/2008 and Decision No. 53/PUU-XV/2017 where the Constitutional Court rejected the request to cancel the presidential threshold. (2) to increase its role, the Constitutional Court must develop a consistent pattern of decision-making to realize constitutional justice and not only rely on formal legality.

Guardians of Democracy or Passive Bystanders? A Conjoint Experiment on Elite Transgressions of Democratic Norms

Emerging literature shows that citizens in established democracies do not unconditionally support central democratic principles when asked to weigh them against co-partisanship or favored policy positions. However, these studies are conducted in highly polarized contexts, and it remains unclear whether the underlying mechanisms also operate in more consensual contexts. Furthermore, it is unclear whether “critical citizens” or satisfied democrats are more eager to support democratic principles. We study these questions with evidence from a conjoint experiment conducted in Finland ( n = 1030), an established democracy with high levels of democratic satisfaction and a consensual political culture. We examine how transgressions of two central democratic norms, the legitimacy of political opposition and the independence of the judiciary, affect leader favorability. We also explore how these differ across ideological and policy congruence and across levels of political disaffection. Our results show that some segments of the Finnish population are willing to condone authoritarian behavior if this brings them political benefits. Furthermore, we find that satisfied rather than “critical” citizens are more likely to sanction such behavior. These findings suggest that dangers of democratic deconsolidation may appear even in consensus democracies with relatively low levels of political polarization.

Die Verfassungsgerichtsbarkeit in Österreich 1919–1939

Constitutional jurisdiction in Austria between the two World Wars can be divided into four periods: (I) From 1919 to 1920, under the provisional constitution, the Constitutional Court was the successor of the Imperial Court of the monarchy, continuing its jurisdiction. (II) Under the new federal constitution of 1920, it developed into an important political actor in the 1920s, making confident use of its competences. Hans Kelsen shaped the jurisprudence and set the lines: the Court acted as a neutral arbiter between the federal and state governments, as a guardian of democracy and as a patron of minorities. In the ideologically charged conflict over the Sever marriages, it took sides with the liberal administration and against the conservative ordinary courts. (III) After its reorganisation by the 1929 constitutional amendment, the Constitutional Court was re‐staffed. Henceforth, it no longer supported parliament in hard cases, but the government. Ludwig Adamovich exercised the strongest influence within the Court between 1930 and 1933. (IV) The authoritarian constitution of 1934 no longer provided for a Constitutional Court, but only a Senate for Constitutional Questions within the Federal Court, the highest administrative court. In practice, it played a minor role.

Guardians of Democracy? On the Response of Civil Society Organisations to Right‐Wing Extremism

This article expands on the understanding of the role civil society organisations (CSOs) play in counteracting right‐wing extremism. Drawing on central strands in the defending democracy literature, this article introduces a typology to classify the responses of CSOs to right‐wing extremism. The typology takes into account the distinction between tolerance and intolerance on the one hand, and active and passive political participation on the other. What is more, it allows for a more fine‐tuned analysis of a variety of CSO responses vis‐à‐vis extreme right‐wing movements. This distinction is important as it allows for a better understanding of the democratic role of civil society in general and the responses of pro‐democratic civil society to political extremism in particular. Using this typology as a point of departure, the article contributes empirically by exploring how local CSOs in the Swedish town of Ludvika responded to the foremost neo‐Nazi movement in the Nordic countries, namely the Nordic Resistance Movement (NRM), prior to the 2018 Swedish election. Drawing primarily on the perspective of civil society leaders, the findings show that local CSOs are generally intolerant of the NRM and have engaged in opposition to the movement. Notably, responses tend to be more oriented towards promoting dialogue and the importance of public discussion in civil society rather than using confrontational tactics such as protests and civil disobedience. The article concludes that CSOs serve as bulwarks against right‐wing extremism at least during politically charged situations; however, differences in tolerance and political participation indicate that CSOs respond differently to right‐wing extremism.

European Monarchies: Guardians of Democracy?

AbstractHow is it possible to account for the continuing presence of monarchy in advanced social democracies? Much traditional political science assumes teleologically that monarchies inevitably transform into republics as a higher form of governance. This comparative study of the eight main European monarchies maintains otherwise: monarchy is perfectly compatible with democracy, and can help strengthen citizens’ loyalty to the system of government. Provided it delivers a politically impartial head of state, monarchy can endure indefinitely with government and popular support. In practice, the countries studied are de facto republics, but with hereditary heads of state who occupy social roles beyond the reach of quotidian politics. Monarchy’s principal danger is not republicanism, but the pressures of conflicting expectations about what is required of royal families, and the relentless intrusions of modern media in an age when royalty and celebrity are in danger of being conflated. Responses to Covid‐19 show how monarchs can speak to and for their nations in ways no partisan politician can.

What Can Constitutional Law Do Against the Erosion of Democracy and the Rule of Law? On the Interconnectedness of the Protection of Democracy and the Rule of Law

Democracy and the rule of law are slowly deteriorating in several countries around the world, including some Member States of the EU. There are many reasons for this, such as economic changes, new digital communication channels and geopolitical developments. Furthermore, the manner in which former socialist countries acceded to the EU turned out to be counterproductive for the state of democracy and the rule of law in these countries. Constitutional law has a number of tools at its disposal for preventing or reversing such tendencies. While constitutional lawyers typically see the rule of law as the guardian of democracy, the rule of law cannot entirely protect democracy in political reality. In fact, it is partly the other way around: democratic rotation guarantees the rule of law. Consequently, constitutional courts, concerned politicians and citizens should concentrate their efforts more strongly on democratic rotation than is currently the case.

Justice in a time of crisis: the role of European courts as guardians of democracy

Examining some recent examples from the Court of Justice of the European Union case law, this article intends to unravel the direction to which the European courts turn towards in times of crisis. The fiscal restraint and socioeconomic restructuring dictated by considerations of public debt reduction affect the daily lives of European citizens. However, the crisis and the austerity measures framed by Union law follow the new visibility that fundamental rights assumed in the integration process with the entry into force of the Charter of Fundamental Rights of the European Union. Therefore, in accordance to the moto proclaimed by Cunha Rodrigues, the crisis highlights the role of jurists and, in particular, the judges while guardians of democracy – understood as the safe exercise of fundamental rights. This paper therefore considers the transformative potential of the current crisis and its implications on the deepening of citizenship rights in the European Union.

TWO IDEAS OF ECONOMIC DEMOCRACY: CONTEXTUAL ANALYSIS ON ROLE OF INDONESIAN CONSTITUTIONAL COURT AS A GUARDIAN OF DEMOCRACY

This study analyses the role of guardian of democracy performed by Indonesian Constitutional Court in reinterpreting the ideas of economic democracy. Although, in the 1945 Constitution, the economic democracy is well-derived from the mind’s eye of social justice which is established in Pancasila, some economic legislations tends to ignore the idea of economic democracy. Therefore, the Constitutional Court examined the disputed norms through constitutional review in order to maintain constitutional economic order. Besides, as elaborated by the Writer, the “ratio decidendi” stood behind some Constitutional Court’s verdicts used an approach which kept the two fundaments of democracy maintained. Apparently, as the guardian of democracy – not merely the protector of human rights, the Constitutional Court considered the conceptions of freedom and equality consecutively in its judicial verdicts. In this context, if liberty and equality are embodied at proportional measures in Indonesian democracy, the general welfare idealised in the Preamble of the 1945 Constitution will be promoted in our national life.

PROBLEMATIKA PELAKSANAAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 100/PUU-XI/2013 DALAM MENDUDUKKAN PANCASILA SEBAGAI DASAR NEGARA

AbstractIn the legislative system, Pancasila is a basic norm (staatsfundamental), which successively then verfassungnorm UUD 1945, grundgezetznorm or MPR provisions, and gezetznorm or the Act. But in reality, Pancasila is equalized and equated with the 1945 Constitution, the Unitary State of the Republic of Indonesia, Bhinneka Tunggal Ika, which is then referred to as the Four Pillars of Nation and State. The Constitutional Court as the constitution gatekeeper institution returns the position of the Pancasila as the state foundation through the Decision of the Constitutional Court Number 100/PUU-XI/2012. The decision is part of the implementation of the authority of the Constitutional Court which has 4 (four) authorities and 1 (one) obligation as stipulated in Article 24C paragraph (1) and paragraph (2) of the 1945 Constitution. In addition to being a guardian of democracy ) The Constitutional Court is also the Protector of the state's foundation and legal source.AbstrakDalam sistem peraturan perundang-undangan, Pancasila merupakan norma dasar (staatsfundamental), yang berturut turut kemudian verfassungnorm UUD 1945, grundgezetznorm atau ketetapan MPR, serta gezetznorm atau Undang-Undang. Namun dalam kenyataannya, Pancasila disamakan kedudukannya dan disejajarkan dengan UUD 1945, Negara Kesatuan Republik Indonesia, Bhinneka Tunggal Ika yang kemudian disebut dengan istilah Empat Pilar Berbangsa dan Bernegara. Mahkamah Konstitusi sebagai lembaga penjaga gawang konstitusi mengembalikan kedudukan pancasila sebagai dasar negara melalui Putusan Mahkamah Konstitusi Nomor 100/PUU-XI/2012. Putusan tersebut merupakan bagian dari pelaksanaan kewenangan Mahkamah Konstitusi yang mempunyai 4 (empat) kewenangan dan 1 (satu) kewajiban sebagaimana diatur dalam Pasal 24C ayat (1) dan ayat (2) UUD 1945. Selain sebagai lembaga negara pengawal demokrasi, Mahkamah Konstitusi juga sebagai Pelindung dasar negara dan sumber hukum.

Was kann Verfassungsrecht gegen die Erosion von Demokratie und Rechtsstaatlichkeit tun?

Democracy and the rule of law are slowly deteriorating in several countries around the world, including some Member States of the EU. There are many reasons for this, such as economic changes, new digital communication channels and geopolitical developments. Furthermore, the manner in which former socialist countries acceded to the EU turned out to be counterproductive for the state of democracy and the rule of law in these countries. Constitutional law has a number of tools at its disposal for preventing or reversing such tendencies. While constitutional lawyers typically see the rule of law as the guardian of democracy, it cannot entirely protect democracy in political reality. In fact, it is partly the other way around: democratic rotation guarantees the rule of law. Consequently, constitutional courts, concerned politicians and citizens should concentrate their efforts more strongly on democratic rotation than is currently the case.

Uma ponte para o futuro: políticas educacionais e parcerias público-privadas

O texto defende que as teses neoliberais e de Terceira Via não são democráticas, embora utilizem do discurso da democracia para empreender suas ações e ganhar legitimidade social. Apesar de apresentarem-se como guardiãs da democracia são contrárias às iniciativas de redistribuição de riquezas e de possibilidade de acesso da classe trabalhadora aos bens econômicos e sociais, por meio de políticas públicas subsidiadas por um Estado provedor. Dessa forma, atualmente muitos dos direitos sociais conquistados historicamente são privatizados e/ou ofertados em sistema de parcerias entre o setor público e privado. Essa estratégia é utilizada notadamente na área da educação, ferindo o princípio constitucional da gratuidade de ensino. Partindo destes pressupostos, o texto tem os objetivos de (i) discutir sobre as principais teses neoliberais; (ii) expor sobre a constituição histórica do neoliberalismo e da Terceira Via no Brasil e (iii) discutir sobre suas implicações para as políticas educacionais, no contexto atual, tendo como foco o Programa “Uma Ponte para o Futuro” do governo Temer. O estudo, feito por meio de pesquisa bibliográfica e análise documental, conclui que as medidas atuais do governo federal para a educação pública contribuem para seu desmantelamento, ao mesmo tempo em que favorece o setor privado empresarial apresentado como modelo a ser seguido na educação pública.

Ultra Petita Decision of Constitutional Court on Judicial Review (The Perspective of Progressive Law)

This research come up from the premise that in the execution of their duties during this time, the Constitutional Court issued many decisions by some legal experts considered break the limits of his authority. One is on a judicial review which contains ultra petita decisions. Regarding to that condition, some parties considered that the Court has acted as an institution that is authoritarian and violated its authority, but on the other hand, the Court instead declared itself as the guardian of democracy and substantive justice. Author argued that, the prohibition to use a doctrine of ultra petita for judge was not generally applicable. Through normative approach and systematic interpretation said that on Law concerning to Constitutional Court (MK, Mahkamah Konstitusi) or other MK decisions did not give any possibilities for Judge to make an ultra petita decision.

Peran Mahkamah Konstitusi Dalam Mewujudkan Negara Hukum Yang Demokratis

The Constitutional Court is the state agency that was born after the reform in 1999. Through the changes to the Constitution of 1945, the Constitutional Court is authorized to examine laws (acts) against the Constitution. In addition there are other powers to protect the fundamental rights relating to the constitutional rights of citizens. As a state agency has the authority of the Constitutional Court, among others, as the supreme interpreter of the constitution in addition to realizing the democratic government, the Constitutional Court to act as the guardian of democracy, protection of constitutional rights of citizens and the protection of human rights.Key words: the rule of law, democracy, constitutional court

Jaz između teorije i prakse u obrazovanju novinara - studija slučaja Odseka za medijske studije u Novom Sadu

The paper considers the application of theoretical and practical skills of journalism education in the contemporary media environment. For quite some time the trend of tabloidization is shrinking the space for quality information and critical discussion about key topics of public interest, and additional problems, arising more prominently in recent years, are fake news, censorship and self-censorship. Media manipulation puts into question truthfulness and ethics of reporting, as well as the very role of a journalist as a corrective of social affairs and protector of public interest. This media situation largely undermines the approaches, thought in academic programmes, which treat journalism as a humanistic profession. Further, the development of communication technologies has brought new logics of media production and enabled distribution of content on various platforms. Following these observations and using in-depth interviews with the fifteen graduates of journalism studies at the Department of Media Studies, Faculty of Philosophy in Novi Sad, the aim of this paper is to identify graduates' attitudes based on their work experience in different Serbian media and to establish the level of applicability of journalism theory and technique gained at faculties, in the Serbian media practice. On the basis of analysis several recommendations for journalism education are formulated: programmes should clearly respond to the demands of the contemporary media production and social flows, practical education should be enhanced by rising the technical capacities of faculties and reorganizing in-house media practice, teachers should have higher professional and scientific competences, the course in media literacy should be introduced at the earlier stages of education. The gap between the theory and market practice, on which contemporary media industry is based, cannot be bridged, and the battle with technological development cannot be won, but university education must remain the basis for journalism as a humanistic profession and guardians of democracy.

Peran Putusan Mahkamah Konstitusi dalam Perlindungan Hak Asasi Manusia terkait Penyelenggaraan Pemilu

Constitution, as the supreme law, is created to protect human rights. Constitution contains basic principles of state administration and citizens rights that have to be protected. In relation to the citizens political rights, election is related to Human Rigts matters. Election administration constitutes manifest acknowledgement of human rights in the life of the nation. Democratic election can be carrried out if there protection of human rights is guaranteed. One of the holders of judicial power that plays roles in providing human rigths protection through its decision is Constitutional Court (CC). The Court carries out the function as the guardian of the constitution, the final interpreter of the constitution. Besides, the Court also functions as the guardian of democracy, the protector of citizens’ constitutional rights and the protector of human rights. The function of the Court as the protector of human rights constitute consequence of the incorporation of Human Rights as the substance of the constitution. The endeavour of the Court to protect human rights can be perceived from some of its decisions either in the case of judicila review of laws or settlement of local election disputes which are, inter alia, restoration of the right to vote for the former members of Indonesian Communist Party, the right to vote for certain ex-prisoners, the granting of rights to be candidate for parties that do not have seat in the parliament, the right to be candidate for individual independent citizen in local election, protection of rights for incumbents, the right to vote that is free from threat and terror, protection of the right to be candidate thta is free from the act of impediment and recognition of mechanisms that are recognized in customary law.

The Elitism. Theoretical and Ideological Contribution to the Study of Political Elites

Ciprian Iftimoaei opts for democratic elitism as applicable theoretical approach in solving the controversy between the theory of elites and the theory of democracy, portrayed political elites as guardians of democracy. In other words, democratic elitism is considered a socio-political approach to (re)reconcile regulatory requirements of democracy (democracy as it should be) with the empirical evidence of the existence of a functioning democracy in elite competitions for exercising political power (democracy as it is).