2010 | 5(100) | 111-125
Article title

CURRENT ELECTORAL LAW DILEMMAS (SELECTED ISSUES) (Aktualne dylematy parlamentarnego prawa wyborczego (wybrane zagadnienia))

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The article provides an overview of selected electoral problems and dilemmas, as well as the areas of dispute and uncertainty which should be addressed by experts, politicians and voters. The starting point of the analysis is the assumption that in Poland there is a relatively balanced system of parliamentary election which requires no fundamental alterations but only a slight reform. The author calls for democratization of the procedure for election of party leaders, following the example of several modern democracies. He points out various important matters concerning the participation of the disabled voters in elections and discusses more precisely the issue of equality of women's rights in relation to electoral matters. In this context, he examines a popular legislative initiative to provide gender parity in party lists of candidates for deputies of the Sejm and identifies the weaknesses of an explanatory note appended to this bill (e.g. the constitutionality of the bill may be challenged on the basis of different interpretation of the principle of equality). In the author's view, the proportional representation (parity) on open lists of candidates in parliamentary elections does not guarantee an increased participation of women in the composition of the Sejm. The author supports the idea that the electoral procedure should include an element of meritocracy in the form of an examination of the qualifications of candidates. In this respect, he mentions Bryan Caplan who, based on rational irrationality analysis of voters, claimed that additional vote should be given to more educated persons. Finally, referring to a slogan that reads: 'The Constitution is not a suicide pact', the author raises the question whether the provisions of Poland's Constitution articulate an idea of statehood capable of defending itself against populism.
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  • : Sebastian Kubas, Uniwersytet Jagiellonski, Wydzial Prawa i Administracji, ul. Bracka 12, 31-005 Krakow, Poland
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