Political Citizenship Rights Research Articles

The Global Evolution of Travel Visa Regimes.

The Global Evolution of Travel Visa Regimes.

Political Rights of the Citizen in the 2014 Election and the Democracy Index in West Java: The Importance to Strengthen the Accessibilities

Political rights of citizen are an important aspect of Indonesian Democracy Index (IDI). However, in the 2014 Election, this aspect, particularly IDI of West Java, showed the lowest number. One of the efforts have been made by Election organizers to fulfill the political rights of citizen is to make accessibility as the principle of Election through Election Commission Regulation (PKPU). This study addresses why the aspect of the fulfillment of political rights of citizen is low in IDI; and how the principle of accessibility in to fulfill political rights of citizen is being implemented. The corpus of this study is document of IDI West Java Province and information of online media. The results indicate that; first, the implementation of the fulfillment of the political rights of citizen in the 2014 Election in West Java had a number of obstacles, namely the regulation of the accessibility principle is still limited; the lack of data of persons with disabilities; and the weakness of Election organizers concerning voters with disabilities. And secondly, efforts to implement the principle of accessibility by Election organizers are mostly concentrated in the election period implementation process, while the implementation process of the pre-election and post-election periods tends to be ignored.

INTERPRETASI DEMOKRASI DALAM SISTEM MEKANIS TERBUKA PEMILIHAN UMUM DI INDONESIA

General election is an important means for the state to ensure the implementation of a government that obtains the legitimacy of the people. In addition, the general election also aims to uphold democracy within sovereign states and ensure the implementation of the human rights of the citizens. Likewise in Indonesia, which periodically conducts general elections every 5 (five) years. General elections in Indonesia have undergone a shift from closed mechanical systems to open mechanical systems since 2004. This is influenced by the reforms that uphold the democracy and sovereignity, as well as respect for the political rights of citizens. The open mechanical system has variations since its use in 2004 to date, especially concerning the valid vote in the election. Therefore, this research will focus on analysing democracy that is being implemented in the election through open mechanical system, and various variations in open mechanical mechanical system in Indonesia. This research will be conducted by using normative research method by using primary legal materials in the form of laws governing the election, as well as secondary legal materials from various literature and scientific articles related to the problems discussed in the research. The results will be presented iin the form of problem description with analysis of the variety of open mechanical systems practiced in Indonesia. This study portrays the elections that are carried out honestly has manifested democracy and sovereignty of the people in the country. Furthermore there are various weaknesses of democratic interpretation in the variation of the implementation of open mechanical systems in elections in Indonesia.

Limits of Regulation of Political Rights of Citizens as a Subject Matter of Constitutional Law

This paper presents an analysis of the scope of political rights of citizens in the context of constitutional and legal regulation, analyzes the specificity of this category, issues of the legality of their restriction, and suggests a classification of the relevant restrictive measures. Public relations are developing dynamically, constantly receiving new content, so the list of political rights of citizens, which are one of the key elements of the subject of constitutional legal regulation, cannot be exhaustive. At the present stage, legal relations related to the development of network information and communication technologies are actively being formed, requiring clarity and unambiguity in their regulatory consolidation. Among researchers there is no consensus on the limits of state regulation of the rights and freedoms of a citizen. Therefore, it is required to analyze the legal acts in which their scope is legislatively fixed, which makes it possible to highlight various methods used in the formulation of legal restrictions on the political rights of citizens. The analysis of the issues of the legality of such restrictions shows that it is necessary to remember about a possibility of their broad interpretation by the legislator and law enforcer, which can lead to excessive restrictions on human rights and freedoms. It is also important to note that there is the need to exclude the possibility of a two-digit interpretation of the rules of law governing this area.

Право на мирні зібрання в системі конституційних прав і свобод людини і громадянина.

The right of citizens to meet peacefully and to hold meetings, rallies, marches and demonstrations is prescribed by Art. 39 of the Constitution of Ukraine. Participation in such public activities could be regarded as a form of direct and independent expression of the people’s will, as well as the reaction of a society to the actions of the state. In order to prevent a conflict between the society and state, as well as disunity between them, the state should not ignore above-mentioned people’s activities. The specified right belongs to the subjective person’ srights, the principal purpose of which is to influence the state bodies for solving the most important society-state issues by coordinating and forming the citizens’ opinion and the way of its expression, as well as an element of democracy, a mode of participation in the management of state and local affairs. At the same time, it should be noted that such meetings may not always have the nature of political events, and the mentioned right is not always the political one. The vast majority of specialists in the field of law, in particular, the constitutional law, regards the aforementioned right as a type of citizens’ political rights that belong exclusively to Ukrainian citizens who have reached 18 years of age and have acquired full legal personality (with some exceptions concerning the right to association in public (non-political) organizations and the right to individual and collective appeals), and express the content of legal relationship between the individual and the state. However, not all scientists agree with the fact that mentioned right belongs exclusively to citizens of a certain state. The right to peaceful assembly is one of the inalienable, inherent rights in a democratic world. It should be noted that resembling rules are accommodated in the acts of international law, as the part of national legislation, in particular, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights. Furthermore, the international documents establish it as the right of any person, not only the citizen’s one. This right is an inalienable one of every person that is provided for both foreigners and stateless persons, hence the subject matter should be considered not as political rights of citizens, but as civil rights of people. Therefore, the appropriate amendments should be made to the current legislation of Ukraine and, primarily, to the Constitution of Ukraine.

Constitutional-legal status of unincorporated territories of the United States

This article is dedicated to constitutional-legal status of unincorporated organized and unorganized territories of the United States. In the light of the provisions constitutional-legal status of the unorganized territory of Samoa illustrates the absence of clear demarcation lines between the institutional forms of organized and unorganized territories. Also drawn attention to the fact that unincorporated territories are in a unique legal position — they belong to the United States, but they are not part of this state. Indicates the methods used to integrate the unincorporated territories into the United States. It is indicated that the generalizing features of the constitutional-legal status of the unincorporated territories of the United States are the fragmentary application to them of the provisions of the national Constitution and the limited scope and resources for participation in shaping and implementing decisions made at the national level. Attention is focused on a discriminatory approach on the part of the United States with respect to the political rights of citizens living in unincorporated territories. The point is that the population of these territories is not entitled to participate in the election of Congress and the President of the United States and only some territories (USA Virgin Islands, American Samoa, Guam, Northern Mariana Islands, Puerto Rico) delegate their representatives to the House of Representatives. In the conclusion is formulated that such an approach does not comply with international legal standards of human rights, including those signed by the United States Universal Declaration of Human Rights of 1948, the International Covenant on Civil and Political Rights of 1966. It is emphasized that the scope of competence of some unincorporated territories may be broader than that of the states. Also within the framework of this article, the constitutional legal parameters of legislative, executive and judicial authorities of the unincorporated territories of the United States are considered. Attention is focused on the role and importance of federal authorities in determining and modifying the constitutional-legal status of unincorporated territories. It was concluded that diversified models of unincorporated organized and unorganized territories are peculiar indicators of the complex asymmetric structure of the USA.

O političkim pravima i slobodama u Kneževini i Kraljevini Srbiji - ustavni i zakonski okviri XIX vijeka

At the beginning of the 1990s, along with restoration of liberal-democratic constitutionality in Serbia, the question was raised on the selection of a suitable constitutional model which would be adequate for the newly established state. Given that the constitutional discussions on that subject do not have an expiry date, the author of the present paper has tried to contribute to the interpretation of the Serbian constitutionality from the historical and legal perspective, which is ultimately aimed at establishing a stabile constitutional framework. Bearing in mind that human rights are an unavoidable subject of the constitutional regulation and a sine qua non of the implementation of the democratic constitutional order, the author's analytical, legal and political view on the basic achievements and the main heritage of the normative regulation of political rights and freedoms of Serbia in XIX century could contribute, from the experiential point of view, to the contemporary process of upgrading of the Serbian constitutional identity. Exploring the genesis of the constitutional regulation of political rights and freedoms, with special emphasis on substantial and technical legal aspect, the author notes that there is one very noticeable feature of their constitutionalization, which implies the 'enunciation' of legality, i.e. the situation where the text of the constitution refers to the law (especially noticeable in the Constitution of 869 and the Constitution of 1901). Considering that the quality of a constitution, as well as the validity of thus introduced constitutional order, is also assessed from the point of view of merit of the concrete enunciation of legality, the author endeavours to clearly differentiate the justified needs to elaborate constitutional norms on political rights of citizens from obvious examples of referring to legal regulation with the purpose of limiting and ultimately suspending the constitutional rights.

Political Activity of Citizens as a Stipulation for a Civil Society Development

In this article the author examines the dynamics of changes in the implementation of political rights of the citizens of Kazakhstan, and specifically the right to choose from the beginning of its independence and sovereignty, and to the present. Freedom and the desire of citizens of Kazakhstan to develop direct democracy is directly dependent on how much the person is not only aware of itself as an active, self-realized person, but is relevant to this socio-political, economic and other conditions. Conditions of occurrence and development of civil society is social freedom, democratic governance, the existence of a public sphere of politics and political discussions. The author proves the relationship of civil society and development of the active implementation of the political rights of citizens. In the political sphere, the degree of freedom of society is determined by the level of development of democracy in the country and warranty democracy as a whole and of each of the political right in particular. The degree of force activity of citizens in the implementation of political rights is the example of Kyrgyzstan. The gradual transition from passive participation of citizens in a democracy to active is a natural phenomenon, not only for Kazakhstan, but also a number of post-Soviet countries, which is shown in the example of the Russian Federation. The author concludes that Kazakhstan has gone through a period when citizens remained passive in exercising their political rights. Now the citizens of Kazakhstan are actively participate in the process of democracy, indicating a high degree of development of Kazakhstan's civil society.

Free access to the documents and information of the EU institutions from the point of view of Czech legislation

Free access to information is considered to be one of the most important fundamental political rights of citizens. Free access to information has a long history originating in Sweden in the 18th century and has since then been incrementally constitutionalised in most of the democratic countries. It is worth studying the fact that legislation regulating this question in European Union legal systems, and in the Czech Republic as well, started much later — fifteen years ago at the beginning of the millennium. Even though the age of both the acts — EU (the Regulation of the European Parliament and the Council (EC) No. 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents) and Czech (the Act (CZ) on Free Access to Information No. 106/1999) is the same, the legislation itself differs significantly and they both have legal shortcomings. The analysis of the EU legislation granting free access to information of the EU institutions from the Czech perspective brings interesting and inspiring ideas for reforms — especially of the EU legislation.

Politik Hukum Pasca Putusan Mahkamah Konstitusi atas Pelaksanaan Pemilu dan Pemilukada di Indonesia

After amendment 1945, whether legislative elections and the election of the executive power implementing held directly by the people, and going political reform electoral laws and local election, both in the revision of the existing political regulations, and rules in the law after the Constitutional Court decision, namely Law No. 42 of 2008 on General Election of President and Vice President, and and Law No. 10 of 2016 on the Second Amendment of Act No. 1 of 2015 on Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on the election of Governors, Regents and Mayors became acts. The purpose of the study on the implementation of the legal political and local elections are to conduct political rearrangement and local elections law in a mosaic of Indonesian state structure, maturity in politics, the consolidation of local democracy, and changes in local people’s minds to develop the region very hung to the figure of its leader, as well as ensuring the political rights of citizens in national and local political constellation. The results in this study is the need for consistency of law enforcement for compliance with a number of legal instruments and the implementation of procedures and penalties in the administration of elections. Aspects of legal certainty and the cultural aspect is very important law met in order for the elections and the local election purpose in achieving this goal idealized.In addition, the electoral administration in central and local levels, as well as participating in the election and the election shall comply with laws and regulations, ranging from the Commission Regulation, Act, as well as adherence to Constitutional Court decision. The author draws conclusions that the renewal of electoral politics and the local election after the Constitutional Court Decision in the Indonesian constitutional structure has implications for changes in the system, the mechanism and the pattern of elections and the local election organizers and participants of the election and the local election. On some empirical experience that was shown in the administration of elections and the election, people think the dynamic to organize and improve the system, as well as have awareness of constitutional rights guaranteed by the 1945 Constitution on political rights for the sake of the spirit of building area through the local elections to choose a figure that is idealized.

PENGHILANGAN HAK POLITIK PERSPEKTIF SISTEM DEMOKRASI

Democracy is recognized as the meaning of government is from the people, by the people, for the people and together with the people. This is manifested among others by the existence of general election. How if there are some countries claimed that their countries applied democratic system without having general election. Did this case justified in a democratic system, such as Indonesian where the majority of people state that this country is part of the countries with democratic systems, but on the other hand, Yogyakarta as one of provinces of Indonesia did not organize the democratic election of governor and deputy governor which automatically removes political rights of citizens in Yogyakarta. Whereas in a democratic system, political right is part of the right to think, and it could not be removed from the people in any way and anyhow. http://dx.doi.org/10.17977/um019v1i12016p007

Judicial guarantees of the right to peaceful assembly in Ukraine

Problem settings. The right to peaceful assembly is a basic system of political rights of citizens of Ukraine as a means, and, unfortunately, sometimes, and the last real opportunity to convey their views or influence the activities of the public authorities, the judicial protection in practice it turns out one of the main guarantees of their implementation. Recent research and publications analysis. To the analysis judicial guarantees the right to peaceful assembly, in particular, such researchers applied as Barabash Y., Shevchuk S., Severin S.Paper main body. In the article the problem of protecting the right to peaceful assembly by means of constitutional justice, courts of law and practice of the European Court of Human Rights on the implementation of this law. The conclusion is that since this right is a basic system of political rights of citizens of Ukraine as a means, and, unfortunately, sometimes, and the last real opportunity to convey their views or influence the activities of the public authorities, the judicial protection in practice it turns out one of the main guarantees of their implementation. It is reported that currently in Ukraine a special law that regulates social relations in the field of freedom of assembly in our legislation today is not that the main obstacle to the free exercise their right to peaceful assembly in practice and the existence of controversial judicial practice protection of constitutional law. It is in this legal act must be resolved problems in terms of notification of peaceful assembly, their shape, mass, time and place of the meeting. Conclusions of the research. The main problem that must be solved by law - it dates subject of the public authorities to hold a peaceful assembly. Another problem in the regulation of relations in the sphere of peaceful assembly is a clear definition of grounds and rules limiting the realization of political freedom.

TRAGOM POSLEDNJEG PARAGRAFA POLITIČKOG TRAKTATA

Tema rada je Spinozino delo Politički traktat, s posebnim fokusom na njegovo poimanje političkih prava građana. To uključuje i rasvetljavanje značenja termina građanin u odnosu na kategorije ljudi koje on razmatra kao ne-građane ili kao derivirane građane. Autorka usmerava interes na feminističko situiranje ovog problema kod Spinoze, i pokušava da izgradi feminističku interpretaciju kroz presek pojmova kao što su rod, klasa i rasa. To podrazumeva i drugačiji epistemološko-metodološki pristup ovom pitanju i njegovo proširenje na druge grupacije kojima Spinoza odriče građanski status – robove, sluge koji se izdržavaju nekim ropskim poslom i žene. U radu će biti prikazano da Spinozini stavovi proizilaze iz njegovog koncipiranja prirodnog prava kao moći, odnosno sile, kao i promišljanja bića političkog iz postojećeg stanja, odnosno iskustva. Autorka pokušava da kroz analizu tadašnjih istorijskih prilika u Holandiji, koje su, između ostalog, obeležene trgovinom robovima iz Afrike, razjasni poslednji paragraf Političkog traktata.

Gender and Citizenship Models: Reflections from Feminist Literature

Prominent literature on citizenship is both gender-neutral and gender-sensitive. Yet, as many feminist scholars have argued, the concept of citizenship itself has been historically framed as quintessentially male, thus excluding women from the equal status of citizenship. Therefore, in order for women to be fully recognized as citizens, feminist scholarship considers the re-articulation of the concept of citizenship as well as its related concepts of public and private. Along these lines, women’s citizenship as a status and practice allows space for women’s agency to be exerted in the civil society sphere as well as within the governmental domain of politics. The most important factor of women’s political citizenship, women’s self-identification as political actors, is crucial in order for them to exercise their political citizenship rights. This paper offers a theoretical insight into the concept of citizenship, citizenship theories and women’s citizenship as political agency. Moreover, the paper presents three models of citizenship that have emerged from the feminists’ attempts to re-gender the concept of citizenship aiming the deconstruction of power relations and attacking the concept of citizenship as being quintessentially male. DOI: 10.5901/mjss.2015.v6n2s5p109

تحريك الدعوة الجزائية في جرائم حقوق المواطنة السياسية

An individual in state has many rights; civil, social, economic, cultural and political rights. But the political rights are given a special interest, and must be arranged by local legislations, especially criminal legislations. The nationality is criteria which distinguish between citizens and foreigners in state, and the political citizenship rights are given for citizens only, and foreigners not have a right to obtain the previous rights. My thesis in divided into three chapters, in addition to preface and conclusion. identification of criminal protection of political citizenship rights, this chapter is divided into three sub points; definition, legal basis and scale of criminal protection of political citizenship rights. criminal subjective protection of political citizenship rights , this chapter is divided into three sub points; the first treats crimes against formation of political parties, the second treats crimes against political election, and the third treats crimes against political candidature. criminal procedural protection of political citizenship rights , the first treats criminal action, the second treats preliminary investigation, the three treats trial and repeal.

European courts and old people

There are two major European Courts, the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR). The ECJ deals with legal matters, mainly involving the interpretation of EU law and ensuring that the law is applied evenly across all 27 EU member states. The ECHR aims to make certain that civil and political rights of citizens in the 46 member states of the Council of Europe are observed. Most cases involving older citizens are about social policy (such as pension arrangements, equality, age discrimination and mandatory retirement). There have been few cases dealing with patients' rights, long-term care or housing. Referrals of selected cases involving old people should be considered if their rights are not being protected. In this Commentary, there is an account of how these Courts have evolved, together with guidance on whom to refer, to which Court, and when and how referrals should be made.

European Citizenship in Crisis: Citizenship Rights and Austerity Politics

It is difficult to appreciate how much the politics and policies of the Eurozone have changed since 2008. This paper focuses on the effects of austerity politics and policy on the citizenship rights of Europeans: their political rights to choose and influence their rulers; their civil rights to expression and organization; and their social rights to basic standards of living. It finds that the changes in EU and Eurozone institutions have sharply eroded those rights. By transferring power to largely undemocratic institutions such as the IMF and ECB, it diminishes the political rights of citizens who are restricted to voting for governments that lost importance. Austerity politics, including new fiscal governance provisions in the Treaties, curtail their social rights by making it harder for governments to correct and compensate inegalitarian market out comes. In sum, changes in the structure of the EU since 1998 have eroded both social and political citizenship for Europeans.

Biračko pravo kao ljudsko pravo

The article analyses the significance of the suffrage and its basic elements, as one of the vital guarantee of the exercise of political rights of citizens in a democratic society and in a legal system. The first part of the article is dedicated to the basic characteristics of human rights. Suffrage is the first analysed as a part of the widest unity - as a human right, and afterwards as a political and electoral right. After analysis of the basic characteristics and features of suffrage, the author outlines general conclusions on suffrage and its importance.

Ciudadanía y espacio público en la era de la globalización neoliberal

The profound economic, social and political reforms in contemporary migration societies are seriously tackling the scope of civil, social and political rights of citizenship. In this article, we refer to the concept of citizenship through four dimensions that enlarge its theoretical content and transcend the historical rationality of rights, duties and the State: (a) citizenship as a collective subject that is being permeated by (neoliberal) logics of producing urban spaces; (b) citizenship as a power relation expressed by politics of scale; (c) citizenship as a discursive mechanism that articulates iden- tity and place through politics of belonging; and (d) citizenship inter- preted through acts that challenge the multiple dimensions of domi- nation. This conceptualisation helps to outline the conceptualisation of acts of citizenship that demand a re-appropriation of public space and, in general terms, the public sphere, aiming at constructing new spaces of citizenship.

Paradoxes of Democracy and Citizenship in Brazil

Paradoxes of Democracy and Citizenship in Brazil Frances Hagopian (bio) Participatory Institutions in Democratic Brazil. By Leonardo Avritzer. Washington, D.C.: Woodrow Wilson Center Press; Baltimore, MD: Johns Hopkins University Press, 2009. Pp. xiv + 205. $49.95 cloth. $24.95 paper. A Poverty of Rights: Citizenship and Inequality in Twentieth-Century Rio de Janeiro. By Brodwyn Fischer. Stanford, CA: Stanford University Press, 2008. Pp. xiv + 464. $65.00 cloth. $24.95 paper. Insurgent Citizenship: Disjunctions of Democracy and Modernity in Brazil. By James Holston. Princeton, NJ: Princeton University Press, 2008. Pp. xvii + 396. $27.95 paper. Democratic Brazil Revisited. Edited by Peter R. Kingstone and Timothy J. Power. Pittsburgh, PA: University of Pittsburgh Press, 2008. Pp. xiv + 342. $65.00 cloth. $26.95 paper. Judging Policy: Courts and Policy Reform in Democratic Brazil. By Matthew M. Taylor. Stanford, CA: Stanford University Press, 2008. Pp. xv + 227. $55.00 cloth. Participatory Budgeting in Brazil: Contestation, Cooperation, and Accountability. By Brian Wampler. University Park: Pennsylvania State University Press, 2007. Pp. xvi + 312. $56.95 cloth. $28.00 paper. Democracy in Brazil has now endured for more than a quarter century. It is solid and mature, with several presidential successions and no extraconstitutional threats to the regime; suffrage is universal; and political institutions function as well as they ever have. Yet nettlesome questions about the quality of Brazil’s democracy remain. Brazil has long been known as a “democracy with adjectives,” in no small part because of its elitist qualities, most notably, the inequality of economic advantage, life’s chances, and access to law and justice.1 Even today, as Brazil leads South America’s democracies on the world stage in international politics and trade negotiations, and as economic stability and growth have brought greater social progress in the past fifteen years than at any time in Brazil’s history, its democracy engenders deep ambivalence among scholars and citizens, principally because of the apparent inability to escape the weighty legacy of unequal citizenship. [End Page 216] Brazil is not unique in its inability to guarantee T. H. Marshall’s famous trilogy of civil, political, and social rights.2 Demands for social rights have almost everywhere far outstripped the responses of governments to deliver them. Less commonly, in Brazil, not only has the long road to securing the rights of citizenship traveled by every modern democracy been blocked and even plagued by reversals, with repeated lapses into authoritarianism and restricted democracies violating the elemental political rights of citizenship, but also it has been marked by a high degree of unevenness. Income inequality, which long defined voting rights and workplace protection, still differentiates legal rights, property rights, and even personal security. Citizenship has expanded, but not for everyone—at least not the same citizenship. Even in a continent with a legacy of grotesque inequality, perhaps in no country have rights been so unequally distributed, conceded in such an out-of-sequence patchwork, and so contested in the daily struggles of ordinary people and in large-scale and sustained mobilization as in Brazil. The debate about the performance of Brazil’s democracy, and even whether citizenship is deepening or remains deeply flawed, has heretofore stalled, as Peter R. Kingstone and Timothy J. Power rightly point out, because answers have all too often depended on who presents them and what the presenters are looking at: rising growth rates and institutional performance or limited progressive reform and degenerating public security. More subtly, improving outputs for citizens buoy some scholars, whereas others decry the continuing poverty of citizenship, which makes any gains for the poor only tenuous at best. The debate also hinges on where one looks—at the halls of Congress and the Supreme Court or at the neighborhood councils, police precincts, and land courts that constitute spaces of civic and political engagement, where everyday battles to extend and deepen rights and citizenship are fought, as Alberto Carlos Almeida pithily puts it, “on the 364 days a year when citizens are not voters” (Kingstone and Power, 233). An impressive collection of recent books opens a remarkable window onto Brazil’s march along multiple avenues toward a genuinely democratic society and polity in the late twentieth and early twenty...