Appeal Of Parties Research Articles

Judicial Study: Parties' Opposition (Partij Verzet) in Proceedings to Execute Land Ownership Rights Under Civil Procedure Law

Court decisions that have legal force must be complied with, and execution carried out if the losing party does not voluntarily comply with the judgment. Issues arise when the losing party appeals or takes other legal actions, delaying execution and creating legal uncertainty. Execution is applicable only to condemnatory judgments and is often obstructed by respondent's resistance, a legal challenge from the party involved in the case. The researcher highlights three cases of legal resistance efforts: the South Jakarta District Court decision number 518/Pdt.G/1999/PN Jkt.Sel, Kendal District Court decision number 20/Pdt.Bth/2021/PN Kdl, and Kendal District Court decision number 9/Pdt.Bth/2022/PN Kdl. This study employs a normative juridical method, examining descriptive-analytical literature, and utilizes a qualitative juridical approach in analysis. The research reveals discrepancies between legal certainty theory and judicial practice, where cases may not align with facts or legal standing, leading judges to reject such requests. The study concludes that respondent's resistance is a legal recourse available to the executed party against execution, which does not automatically suspend execution unless there are clear and accepted grounds recognized by the court. The Indonesian Civil Code (HIR) and Civil Procedure Law (RBg) provide legal certainty and protect the rights of those aggrieved by court decisions through the mechanism of respondent's resistance.

Jumping on the New Party Bandwagon: The 2022 Elections and the Development of Party Politics in Slovenia

New political parties can sometimes achieve remarkable election results. The 2022 parliamentary elections in Slovenia highlight that while appeals centred around anti-corruption, competence and newness contributed to the Freedom Movement’s ability to win over one third of the vote, its victory owed much to tactical voting. Data from a specially commissioned survey conducted immediately after the election highlight that voters jumped on the new party bandwagon as the best vehicle to defeat the incumbent prime minister’s party. Voters’ tactical choices help explain not just the appeal of new parties and the continuation of the new party subsystem in Slovenia but also the wider instability of party politics in Central and Eastern Europe and beyond.

Masculinity and Sexuality in Populist Radical Right Leadership

AbstractResearch shows that masculinity and sexuality are pivotal to the leadership and success of the populist radical right (PRR). In particular, normative conceptions of masculinity, as seen in gendered nationalism, have been argued to be important to the appeal of PRR parties. However, the supply side of this dynamic remains understudied. To fill this gap, this article uses critical discourse analysis to analyze the role of masculinity and sexuality in the self-positioning and envisioned hegemonies of the most successful Dutch PRR leaders: Pim Fortuyn, Geert Wilders, and Thierry Baudet. The Dutch case is particularly insightful as it presents a diverse array of PRR parties in one country context. We found crucial similarities and differences between the discourses of these leaders. Our findings suggest that masculinity and sexuality, while constitutive at the party level, are largely negotiable or nondefining for the larger party family. These findings problematize often-made identifications of PRR politics with a one-of-a-kind conservative ideology of gender and sexuality.

ОБЕСПЕЧЕНИЕ ДОКАЗАТЕЛЬСТ В В ЦИВИЛИСТИЧЕСКОМ ПРОЦЕССЕ: РАЗВИТИЕ ТЕОРИИ, ЗАКОНОДАТЕЛЬСТВА И ПРАКТИКИ

The article presents an analysis of the institution of securing evidence in the civil process from the point of view of the development of its legal regulation, doctrine and practice. The teaching of professor M.K. Treushnikov on the evidence is taken as a basis. Through the prism of his ideas, theoretical concepts of securing evidence are revealed, from prerevolutionary works to modern research; the sequence of the formation of norms on the securing evidence on the example of procedural codes of various periods; trends in the law practice of securing evidence. The correlation of the securing evidence with the elements of the judicial proof is revealed. It is substantiated that the securing evidence includes such elements of the structure of judicial proof as: indication of facts, indication of evidence and preliminary assessment. The end result of the procedural action to secure evidence is the possibility of implementing all subsequent elements – presentation, disclosure, investigation and final assessment of evidence. Conclusions are formulated on the results of the development of the institution of securing evidence, which from rather brief and obvious provisions of procedural legislation, a few practice has turned into an actual procedural activity. Its demand is predicted to grow in the context of digitalization of information, as well as due to the possibility of using it in the framework of arbitration. At the same time, an increase in the number of cases of unfounded appeal of interested parties to actions to secure evidence is noted. The authors support a critical assessment of the rule of the Arbitration Procedure Code of the Russian Federation that the securing evidence is carried out by the arbitration court according to the rules for securing a claim, and a proposal for a unified regulation of this institution in accordance with the rules of the Civil Procedure Code of the Russian Federation.

What drives partisan conflict and consensus on welfare state issues?

AbstractLeft-right partisan conflict has been a key driver of welfare state expansion and retrenchment over time and across countries. Yet, we know very little about how left-right differences in party appeals vary across social policy domains. Why are some issues contentious while there is broad consensus on others? This paper starts from the simple premise that partisan conflict is a function of how popular a certain policy is. Based on this assumption, it argues that the left-right gap should be (1) larger for revenue-side issues than for expenditure-side issues, (2) larger for policies targeted at groups that are viewed as less deserving and (3) larger for more redistributive programs than less redistributive ones (e.g. means-tested versus earnings-related benefits). These expectations are tested on fine-grained policy data coded from 65 Austrian party manifestos issued between 1970 and 2017 (N = 18,219). The analysis strongly supports the revenue–expenditure hypothesis and the deservingness hypothesis, but not the redistribution hypothesis.

Political parties and social groups: New perspectives and data on group and policy appeals

This article contributes to the literature on party appeals to social groups by introducing a new dataset on group and policy appeals in Scandinavia (2009–2015). In addition to coding to what social groups parties appeal, we collected information on what policies parties offer for the groups they mention and what goals and instruments they specify for such policies. The latter advance makes it possible to present new insights on the extent to which group appeals are actually substantial and meaningful. We find that left, centre and right parties appeal to broad demographic categories rather than class. There are almost no appeals to the middle class, although the frequent reference to a category ‘all’ can be interpreted as a functional equivalent for middle-class appeals. Finally, parties clearly still make substantial policy proposals and address concrete policy problems, but with only small differences in such appeals across the left–right spectrum.

Localising political party appeals

Localising political party appeals

Culture in the Name of the People? Towards a typology of populism and culture

Populism is a topic that has been widely studied over the past decades but mostly from a political perspective. These contributions mainly focus on the analysis of populism as a (socio) political phenomenon placed in a historical, global context. A second field of interest covers the mass appeal of populist parties. The latter is not only a timely, highly relevant issue right now but also sheds light on the flaws of liberal democracy. While a lot of academic effort has been put into defining populism and explaining the reasons for its success, the underlying cultural beliefs on which populist ‘us and them” dichotomies are based remain unclear. We shall therefore come up with a typology of culture and populism. This typology will reveal how various aspects of culture (such as popular culture, cultural images,and literary works) are prevalent in the populist construction of ‘us’ and ‘them’.Based on examples from France and The Netherlands (two countries with major right-wing populist parties), the typology will differentiate between sociofacts, mentifacts and artifacts (cf. Huxley), and their use and appropriation by populist actors. The artifacts category comprises what I call ‘organic authors’ and ‘appropriated authors’, a terminology borrowed from Gramsci. The difference between the two, as will be shown, is the author’s identification with and articulation of certain kinds of ideas

The Insatiable Democracy

Since the Brexit-vote and the election of a far-right business man as President of the United State, the social sciences have been struggling to explain the societal conditions that nourish the increasing appeal of populist parties and leaders in the Western world. The article reconstructs the potential of Margaret Canovan’s work for a sociological approach towards populism. With Canovan, it is possible to focus research on the emotional appeal of the populists’ call on ‘the people’. Reconstructing this emotional appeal does not only explain how populists succeed to present ‘the people’ as a new, politically conscious group, it may also render manifest the specificities of the crisis of post-industrial societies that underlies this new group-formation.

Populism and the yearning for closure: From economic to cultural fragility

Since the Brexit-vote and the election of a far-right businessman as President of the United States, the social sciences have been struggling to explain the societal conditions that nourish the increasing appeal of far-right parties and leaders in the Western world. The article’s main thesis is that the currently leading sociological paradigm, the theory of globalization losers, is not sufficient to understand the social dynamics in question. Starting from a discussion of the recent work of German sociologist Wilhelm Heitmeyer, it is argued that the best insight in far-right voter’s motivations and emotions can be found in the work of Margaret Canovan. The article shows further that a sociological investigation into the socio-psychological dynamics of the rise of the far-right should take into account broader cultural transformations that have been weakening the social world of Western democracies in the past 30 years, namely individualization, acceleration and demographic decline. In times of crisis (the ‘modernization’ of Eastern Europe and the financial crisis of 2007), these transformations become manifest as a general crisis of advanced capitalism.

Authoritarian deliberation revisited

AbstractThis introductory paper reviews the origin and development of the concept of authoritarian deliberation, and highlights the importance of culture and cultural tradition associated with public consultation. This paper summarizes and illustrates six key features of authoritarian deliberation in China. First, deliberation in China is a precarious balance between legal rule and state intervention. Second, the Party appeals to public reason to address and manage social conflict, and develop the soft coercion that accompanies much authoritarian deliberation. Third, this highly controlled deliberative process does, however, allow the freedom of local participants to find spaces for democratic expression, and local experiments to develop elements of deliberative democracy. Fourth, authoritarian deliberation is characterized by mutual instrumentalism. Fifth, there is an importance of an administrative and policy perspective in authoritarian deliberation. Six, the concept of authoritarian deliberation is not limited to China. There is the convergence in real-world deliberative process and outcome between authoritarian and liberal democratic systems.

Beyond the 'crisis and losers of globalisation' thesis

There appears widespread consensus that economic downturns and peaks in immigration boost the appeal of populist parties. Economic crises, so the argument typically goes, increase fear and frustration among poor working-class voters. According to this ‘losers of globalisation’ logic, the recent revival of populist parties like One Nation should be attributed the Global Financial Crisis (GFC) and a worsening global refugee crisis. At first glance, this logic seems plausible and intuitive. However, recent research has revealed that populist parties can thrive in times of economic prosperity, and attract large numbers of relatively affluent voters. According to this more recent research, support for populist parties tends to follow a V-curve pattern, with such parties attracting both voters who are ‘doing it tough’ financially (relative deprivation) and voters who enjoy above-average levels of prosperity (relative gratification). In this article, we analyse One Nation’s performance in the 2017 Queensland state elections from this new vantage point. Although we did not encounter a clear V-curve pattern, the findings nonetheless confirm earlier research showing that ‘income’ is a poor predictor of One Nation support. Discussion focuses on directions for future research, and urges populism researchers to move beyond a narrow focus on crisis, deprivation, and ‘losers of globalisation’.

Euroscepticism and the electoral success of the far right: the role of the strategic interaction between center and far right

The appeal of far-right parties’ ideologies is one of the key drivers of such parties’ electoral wins in Europe. Most studies, however, have focused on the far right’s anti-immigrant or anti-minority discourse as the defining feature of this party family. In this article, we examine: (1) The conditions under which far-right parties benefit electorally from their Eurosceptic discourses, and (2) How center-right parties’ responses to the far right affect the latter’s electoral outcomes. The results of multilevel regression models show that when the distance between far-right and center-right parties’ positions toward European integration narrows, the vote share of far-right parties increases—but only up to a point. When the distance continues to narrow, without reaching zero, the far right’s vote share decreases. Our empirical analysis relies on the Chapel Hill Expert Survey series dataset and examines 75 cases of far-right parties in 22 European countries between 1999 and 2014. The findings suggest that center-right parties face a difficult strategic dilemma as they compete for votes with the far right: moving incrementally closer to the far right’s position can benefit the far right by intensifying competition over the issue of European integration. An almost full cooperation of the far right’s agenda, however, dampens the success of the far right. The center right must strike a balance that allows it to be responsive to Eurosceptic voters while retaining a centrist identity.

Rehabilitating political parties: an examination of the writings of Hans Kelsen

ABSTRACTThis paper focuses on Hans Kelsen’s reflections on political parties. During the interwar period, Kelsen participated in a controversy over whether political parties were a necessary part of the democratic process. The debate forced Kelsen to produce a defence of political parties to emphasise their functionality and define their place in his particular definition of democracy. This contribution considers the following aspects. First, the reasons why Kelsen thought political parties are necessary for democratic life are explained. Second, the doctrinal oppositions against which he elaborated his defence of political parties are clarified. Third, the programme that Kelsen conceived of to enhance political parties in a constitutional democracy is examined. Finally, the contemporary questions that have arisen in relation to Kelsen’s conception of political parties are scrutinised. Kelsen’s contribution to the debate about the role of political parties was intimately related to the presence of strong criticisms of that role. This makes his reflections even more interesting today, considering the present relative decline of the political role and appeal of parties.

Brexit Populism: The Thick (and Thin) of It

On 24 June 2016, a narrow majority of citizens of the United Kingdom voted to leave the European Union, a decision which has exposed deep divisions in British society. This article analyses the extent to which the campaign to leave the EU and its aftermath can be explained in terms of existing definitions of ‘populism’. It distinguishes between a ‘thin’ and ‘thick’ ideology of populism. Whereas the ‘thin’ ideology refers to a specific political method or style, one which claims to represent the ‘true people’ against a ruling elite, the ‘thick’ ideology focuses on substantial ideological elements, e.g. authoritarian and nationalist worldviews. The paper demonstrates that the Brexit campaign has been dominated by exclusive, right-wing populist ideas. In order to understand the appeal of populist parties and movements in the UK, the paper explores the multi-layered factors that have led to widespread support for the anti-European and anti-immigration politics. It argues that a mix of economic, political and cultural disenfranchisement is a root cause of the vote for Brexit. In this light, the Brexit rhetoric of ‘taking back control’ can be interpreted as a (problematic) attempt to overcome disenfranchisement.

Wind from the North, don’t go forth? Gender equality and the rise of populist nationalism in Finland

The article considers the future prospects of the struggle for gender equality in light of the growing appeal and electoral success of parties embracing populist nationalism and anti-immigration as their platform. Considering many such parties are known for viewing the promotion of gender equality as unnecessary or even harmful – except when they highlight immigration as a threat to female emancipation – it is important to explore what, if anything, the electoral success of populist-nationalist parties means for the direction of gender equality policies. The article examines this question in the Finnish context. Though the Finnish state’s commitment to gender equality is well-established, questions can be asked about the future prospects of gender equality policies in light of the electoral rise of the populist anti-immigration party Perussuomalaiset (or ‘True Finns’), especially since the party joined government in May 2015. The article scrutinises the recent record of PS in parliament and government, elucidating on the challenges that populist-nationalist parties create for gender equality in (allegedly) ‘women-friendly’ welfare states. The case study particularly focuses on gender equality in the context of balancing work and family and freedom from violence, discrimination and harassment. It raises questions that are of broader relevance to the future of gender equality in Europe, considering the Nordic states have been viewed as models for a gender egalitarian society and frontrunners in the promotion of gender equality within the EU.

How parties win: shaping the Irish political arena

In recent decades, Ireland's three major political parties have maintained over 80 percent of the vote in the face of rapidly shifting social divisions, political values, and controversial issues, though not by giving voice to particular interest groups or reacting to issues of the day. Rather, Sean D. McGraw reveals how party leaders select, or purposefully sideline, pressing political and social issues in order to preserve their competitive advantage. By relegating divisive issues to extraparliamentary institutions, such as referenda or national wage bargaining systems, major parties mitigate the effects of changing environments and undermine the appeal of minor parties. This richly textured case study of the major parties in the Republic of Ireland engages the broader comparative argument that political parties actively shape which choices are available to the electorate and - just as importantly - which are not. Additionally, McGraw sets a new standard for mixed-method research by employing public opinion surveys, party manifestos, content analysis of media coverage, the author's own survey of nearly two-thirds of Irish parliamentarians in both 2010 and 2012, and personal interviews conducted over the course of six years.

Why Not Solve the Democratic Deficit within the EU Through Genuine Transnational Political Conflict?

The last European elections of 2014 were characterized by a concrete effort to increase public participation to the European political debate. However the overall electoral turnout remained disappointingly low. In this paper I deal with the problem of the formation of a European electorate and argue that a better representation on the European integration dimension should substantially contribute to the formation of a transnational electorate. Often, there is the fear that European political conflict framed on this dimension would lead to a radical bipolar conflict between pro- and anti-EU parties. In this paper I show that, if citizens’ preferences are properly represented, this does not have to be the case. What I show is that citizens’ preferences on European integration are distributed in three roughly equivalent blocs: pro-EU, anti-EU and a neutral position. The point I make is that a proper representation of the neutral position should ensure that the conflict does not become too radical, as the parties representing the neutral position would be the necessary coalition partners of both pro- and anti-EU parties. An important shortcoming of the current European parliament, I argue, is that the neutral position on European integration is not represented and that consequently there is a disproportionate high presence of pro-EU parties. This misrepresentation in the long run may increase the public appeal of Euro-sceptic parties. The data on which my argument is based are from the 2014 Eurobarometer survey.

Between One‐Nation Toryism and Neoliberalism: The Dilemmas of British Conservatism and Britain's Evolving Place in Europe

AbstractPrime Minister David Cameron's ambivalence about Britain's role in the European Union stems from dilemmas within his Conservative Party. Since the nineteenth century, British Conservatism had represented a comfortable synthesis of a soft Burkean traditionalism and class‐based paternalism with an effort to expand the party's appeal to the working class. Thatcher's aggressive neoliberal challenge to this tradition never truly displaced the older paternalistic sense of noblesse oblige or the preference for societal consensus and incremental change. Instead, the two elements came into an uneasy coexistence that has informed Tory ambivalence about the EU. This article argues that Cameron's gradual distancing of Britain from the EU has paralleled his championing of economic austerity at home. It argues further that Cameron's policy‐making response to the post‐2007 economic downturn and European debt crisis can best be understood as a reflection of unresolved tensions within British Conservative thought.

THE PERIODICAL PRESS AND THE INTELLECTUAL CULTURE OF CONSERVATISM IN INTERWAR BRITAIN

ABSTRACTConservatives usually play down their intellectual credentials because it provides them with an effective means of distancing themselves from the ‘doctrinaire’ or the intellectualized politics of the left. But this approach was challenged by a significant group of Conservative MPs and intellectuals during the interwar period. Conservatives wrote articles for a range of periodicals, which were still important channels of communication for the sharing of political ideas between the wars. Stanley Baldwin banned government ministers from publishing independent journalism, which meant that it was mainly young, ambitious, or marginalized Conservative MPs who wrote for periodicals. When left-wing sentiment started to swell up during the Second World War, some Conservative supporters started to question the interwar leadership's neglect of the party's intellectual and publishing culture. It was now thought that the Conservative party lacked a convincing media-based popular ideology to compete with the left. But if Baldwin prioritized other aspects of the interwar party's appeal, the intellectual culture of Conservatism still acted as an important barrier to communist and fascist thought in elite political circles. This culture also had important resonances for the party in the post-war period because it contributed to its self-evaluation and policy restatements after 1945.