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1
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SYSTEM OF ELECTIONS TO THE SEJM AND THE SENATE AS AN ELEMENT OF ELECTORAL PROGRAMS OF POLISH POLITICAL PARTIES IN THE PERIOD BETWEEN THE LANCKORONA PACT AND THE MAY COUP (Polish title - below)

100%
Kacperski K.
Przegląd Sejmowy
|
2010
|
issue 1(96)
75-99
EN
(Title in Polish - 'Problematyka systemu wyborczego do Sejmu i Senatu w programach polskich partii politycznych od Paktu lanckoronskiego do przewrotu majowego'). The electoral system and its impact on political life have taken significant place in public discussion in Poland under the Second Republic. However, there is nothing curious in this, if we take into consideration the fact that its roots go back to the period directly preceding the restitution of the Polish state in November 1918. This practice has been continued in the subsequent years and, in the face of constant cabinet crises, resulted in further debates on this issue. It is evident especially in the years 1923-1926 when the idea of improvement of electoral system was used as a magic charm to institutionally overcome all the troubles faced by Poland. The aim of the article is to present the system of election of the representative bodies contained in the programmes of the most relevant Polish political parties existing in the period between the Lankorona Pact and the May (1926) Coup, including a critical analysis of the proposals of amendment of electoral law formally submitted to the Sejm and Senate of the first term of office. It should be stressed that those proposals, drafted by the Christian-National, Christian-Democratic and Popular-National Union parliamentary groups, irrespective of their rational motivation aimed at strengthening of mechanisms enabling formation of permanent government majority on the basis of programme union, violated basic principles of electoral law enshrined in the March Constitution (1921). A four-year discussion about electoral law has not been translated into a comprehensive, well-thought-out and flawless programme for the improvement of the system of government. It turned out that it is much more easy to make declarations than to implement them. After a military coup carried out by Józef Pilsudski, all of them have lost their importance, as it started a new period in the history of the Second Republic, leading to permanent changes not only in the way of thinking by the Polish people, but also in the field of political rules determining the limits of political life.
2
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ELECTORAL QUOTAS IN THE ITALIAN LEGAL SYSTEM (Kwoty wyborcze we wloskim systemie prawnym)

80%
Olivetti M.
Przegląd Sejmowy
|
2011
|
issue 1(102)
71-83
EN
Parliamentary electoral system, established in Italy in 1948, was based on proportional representation for both chambers of parliament. In 1993 this system was abrogated by virtue of the provisions of Laws No. 276 and 277, and a mixed substantially majoritarian system was introduced. A new modification of electoral system was made in 2005 when Law No. 270 was adopted and the return to proportionality, although with a majority premium, took place. The majority premium consists of giving a premium in seats to the (party) list having obtained the highest number of votes throughout the entire country in the election to the Chamber of Deputies and - in a regional level - in the election to the Senate. At the same time, in Italy five abrogative referendums were held, on application of citizens, in relation to laws governing general or local elections. In the first half of the 1990s, in the wake of the debate about gender issues, there appeared in the course of political debate the problem of equal opportunities of men and women and ways of counteracting the inadequate representation of women in political bodies chosen in general and direct elections (municipal, provincial and regional councils and national parliament). The article contains description of various techniques aimed at increasing women's participation in political institutions. The author identifies two stages in search for solutions to the problem: the years 1993-1995 and the years 2001-2010. At the first stage, the following types of regulations were applied: 1) political parties were legally obliged to submit electoral lists containing certain minimum percentage of candidates of both men and women, however this system of reservation on electoral lists of a particular quota for women did not guaranteed their election; 2) granting of quotas on the closed electoral lists with an obligation to arrange electoral lists that would include both men and women alternately, which guaranteed some 'quota' of seats for each of them. However, this system was challenged by the Italian Constitutional Court which found the above-mentioned provisions concerning the so-called 'electoral quotas' to be unconstitutional and, hence, they were deleted from the legal system. The judgment was criticized by those political groups which, in the Constitutional Law No. 3 of 2001, had adopted a constitutional provision which requires that 'regional laws shall remove any hindrances to the full equality of men and women in social, cultural and economic life and promote equal access to elected offices for men and women', and added - in the Constitutional Law No. 1 of 2003 -that 'to this end, the republic adopts specific measures in order to promote equal chances for men and women.' Thereby, an obligation to promote equal chances of men and women at both regional and national level was confirmed. The above-mentioned amendments preceded the second stage of search for adequate solutions. In Valle d'Aosta a regional law was adopted in 2002 that prohibited against the creation of electoral lists containing candidates of only one sex. The government of the Republic brought the law to the Constitutional Court, which however did not share the government's arguments, drastically changing its attitude to electoral quotas comparing with the Court's judgment of 1995. This meant, first of all, its approval of the possibility of regulation of electoral quotas by both regional laws (Valle d'Aosta, Calabria, Marche, Abruzzo, Sicily) and national laws. In 2009, the question of electoral quotas was inventively treated by the regional council of Campania (in regional law No. 4 of 2009), by making reference to electoral quotas in the context of both the right to vote and the right to be elected. That solution was a new approach. The law was brought by the government of the Republic to the Constitutional Court, which did not agree with the government and found the law to be constitutional.
3
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PROBLEM OF PARITY MEN AND WOMEN IN RELATION TO LISTS OF CANDIDATES TO AUSTRIAN PARLIAMENT (Problem parytetu plci na listach kandydatow do parlamentu Austrii)

80%
Haumer V.
Przegląd Sejmowy
|
2011
|
issue 1(102)
85-97
EN
The introduction of the requirement for a particular percentage of women on the electoral lists in elections to parliament causes problems in the context of both EU law and national law. As gender parity would violate the principle of equality, the right to equal and free elections, as well as the general principle of democracy, its inconformity with the constitution must be recognized. Legal and political assessment of gender parity is, generally, the matter of individual choice. In the author's opinion, however, one should not consider this regulation (based on presented arguments) as a step ahead in the process of granting equal rights to women and men. Women would thereby be reduced to gender and men discriminated on the ground of gender. Increased women's representation in parliament would be in interest of all political parties. However, the accomplishment of those political claims in Austria must comply with the provisions of constitutional law. If the requirement of parity of men and women would be introduced, we have to wait for the result of the possible review thereof by an appropriate constitutional court.
4
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INFLUENCE OF THE JURISPRUDENCE OF THE COSTITUTIONAL TRIBUNAL ON THE SHAPE OF PARLIAMENTARY LAW (Wplyw orzecznictwa Trybunalu Konstytucyjnego na ksztaltowanie sie prawa parlamentarnego)

70%
Karp J., Szymanek J.
Przegląd Sejmowy
|
2009
|
issue 4(93)
145-175
EN
The point of departure for the comments contained in the article is the assumption that the jurisdiction of the Constitutional Tribunal has mostly contributed to the formation of parliamentary law as a distinct discipline of constitutional law broadly meant. The subject of analysis of parliamentary law includes matters concerning both the structure and organization of parliament, and detailed parliamentary procedures. Usually, parliamentary law is treated as part of constitutional law, which regulates organization, composition, functions and the rules of operation of a parliamentary assembly. It is also often called 'an internal law of parliament', to express that - above all - its main field of regulation includes the principles of the internal structure, organization and working procedures of parliament. In the broad meaning, parliamentary law covers: electoral law, legal status of a member of parliament, as well as the entire legislative process taking place both inside and outside parliament. In its narrow meaning, however, it concerns the structure, organization and parliamentary procedures. Despite the applied definition of parliamentary law, its basic point of interest is connected with matters of parliamentary organization, scope of powers and rules of procedure. The 'parliamentary' judgments made by the Constitutional Tribunal during its 20-year existence may be divided into several groups in accordance with their subject, as referred to parliamentary law narrowly understood. They include judgments falling into the field of: 1) autonomy of parliament; 2) mutual relations between both chambers of parliament; 3) the functions of parliament and ways of exercising them; 4) Sejm's internal rules of conduct. The review of main judgments concerning parliamentary matters clearly shows that the decisions of the Tribunal contributed considerably to a more precise specification of the constitutional provisions governing the position of the Sejm and the Senate within the system of government. Moreover, the jurisprudence of the Tribunal has resolved essential practical questions, e.g. the scope of admissible amendments proposed by the Deputies to the Sejm or by the Senate, or the rules defining the paths of the legislative process. This has had a clearly utilitarian dimension, including – in particular – that of praxeological nature and that which has also rationalized the sequentially complex and (often) only generally formulated parliamentary procedures. This comment does not mean that the achievements of the above-mentioned judicial body has not aroused controversy or even criticism, or that all matters appeared in the field of parliamentary law (broadly understood) have been addressed and definitively resolved. This does not mean the line of the jurisprudence of the Polish Constitutional Tribunal has always been constant. Just the opposite, the Tribunal has often modified its opinions, or – at least – provided different arguments for its findings. However, it has always taken a creative approach to parliamentary law, thereby contributing to its high status.
5
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NÁRODNÍ NEBO BRATISLAVSKÁ RADA? CELOSTÁTNÍ VOLEBNÍ OBVOD, PROPORCIONALITA A TERITORIÁLNÍ ZASTOUPENÍ VE SLOVENSKÝCH PARLAMENTNÍCH VOLBÁCH

61%
Charvát J.
Sociológia (Sociology)
|
2016
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vol. 48
|
issue 5
431 – 453
EN
The quantitative analysis focuses on effects of national district on proportionality of seats–votes shares (Least Squares Index) and proportionality of territorial representation (advantage ratio index at the individual level and an adaptation of distortion index at the aggregate level) in the Slovak Parliament. The case study concludes that metropolitan area (Bratislava region) is strongly over-represented in the Slovak parliament while other regions are under-represented. Moreover, it demonstrates how it is possible to preserve current proportionality of seats-votes shares while achieving proportional territorial representation in national district PR electoral system.
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