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Teorie reálné kvóty, alternativní přístup k měření volební proporcionality

100%
Lebeda T.
Sociologický časopis. Czech Sociological Review
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2006
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vol. 42
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issue 4
657-681
EN
The article exposes the problems connected with defining and measuring the proportionality of election results. It presents current and predominant methods used to measure proportionality and points to some possible alternative approaches to understanding and measuring proportionality. Current discourse gives priority to measuring proportionality using one of two basic methods for determining the proportional division of seats: quotas and largest remainders. Proportionality measured using these formulae is based on the principle of summing up the absolute differences between the share of votes and the share of seats. These measurement methods are known for their ability to best assess election results attained with the aid of the Hare quota and the largest remainders method. The article therefore presents an alternative approach in the 'real quota theory', which provides the theoretical bases for constructing a new RR index and its derivatives the ARR and the SRR indices. This approach to measurement is tied to the principle of dividing seats using the highest averages method, that is, the d'Hondt divisor. These new indices are defined as alternatives to traditional indices of proportionality.
2
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NÁRODNÍ NEBO BRATISLAVSKÁ RADA? CELOSTÁTNÍ VOLEBNÍ OBVOD, PROPORCIONALITA A TERITORIÁLNÍ ZASTOUPENÍ VE SLOVENSKÝCH PARLAMENTNÍCH VOLBÁCH

86%
Charvát J.
Sociológia (Sociology)
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2016
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vol. 48
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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.
3

TEST PROPORCIONALITY A ŠTRUKTURÁLNE ASPEKTY KOLÍZIE ZÁKLADNÝCH PRÁV

86%
Kukliš Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2013
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vol. 96
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issue 1
50 – 66
EN
The article deals with the principle of proportionality, which, despite being very well-known and widely used in other European countries, has received quite a reluctant treatment in Slovakia. It was only in 2009 that the principle of proportionality was dealt with in an upto-date fashion by Constitutional Court of the Slovak Republic in two cases concerning freedom of speech. The article uses these cases as an example through which it tries to explain the structure, origins and ideas underlying the principle of proportionality with special regard to Robert Alexy’s theory of balancing of constitutional rights.
4
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Aspekty prawne NATO ROE – MC 362/1 (ze szczególnym uwzględnieniem komponentu morskiego)

58%
Szuniewicz M.
Międzynarodowe Prawo Humanitarne
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2012
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vol. 3
63-88
EN
The multinational military operations require the harmonisation of the operational procedures, especially in respect of the use of force (Rules of Engagement). The manifestation of an above attitude is the decision of the Military Committee of the North Atlantic Alliance MC 362/1 of 2003, June 30 (so called NATO ROE). The document contains a compendium of strategic and operational ROE and NATO policy for approving and implementing these rules for all NATO/NATOled military operations. The NATO ROE provides guidance and direction on rules of engagement, use of force in self-defence, the requirements of necessity and proportionality. A particular problem is the legal meaning of ROE and its binding force on a commander and the soldiers, and accordingly an issue of using ROE for precluding their accountability. The conformity of any action with any set of ROE in force does not guarantee its lawfulness, and it remains the commander‘s responsibility to use only that force which is necessary and proportionate under the prevailing circumstances. The guidelines on the use of ROE in maritime operations (Annex D to MC 362/1) underlines the specific features of naval military activities. Some directives can be found in the operational doctrine of the Polish Navy (DD/3.1) of 2010.
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