Search results - CEJSH

1

Functions of elections in democratic systems

100%

Wojtasik W.

Political Preferences

|

2013

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issue 4

25-38

EN

Elections are a procedure typical for democratic systems, but also systems which do not respect the principles of democracy often employ them. However, due to their different functional positioning, they fulfill various functions. The presented text is an attempt to present the most important functions performed by the elections in democratic systems. The adopted model of generalization has allowed for separation of seven basic functions, present in all elections: delegation of political representation; selection of the political elite; legitimisation of those in power; control over authorities; political accountability; creation of political programmes; recreation of public opinion image. The presented typology allows for its use both in different types of elections (parliamentary, presidential, local, regional and European Parliament) as well as in relation to different electoral systems. The general nature of the described types of functions allows the separation of specific categories within its framework, but the objective of the present study has determined that the focus remains on the description and analysis of the presented types.

2

Proposal of the Law and Justice (PiS – Polish abbrev.) to Amend the Act about the Direct Choice of a Voit, Mayor and President of the City. Opinions about Possible Effects and Consequences

100%

Marszałek-Kawa J.

Polish Political Science Yearbook

|

2008

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vol. 37

23-30

EN

In democratic legal systems there is a wide variety of instruments which profoundly affect the composition of future parliaments. They can cause significant changes in final results of both the parliamentary and municipal election. Due to them political parties can improve their position in emerging legislatures (gmina councils, poviat councils or sejmiks of the voivodeship), or even, I mean smaller formations in the first place, can guarantee any representatives in the chamber (council, sejmik). Politicians make use of these instruments most frequently in the face of the oncoming election. These mechanisms allow, on the grounds of binding law, to cause a result much worse than expected for the opposition or formations competing for power. In countries with deeply rooted democracy, it is most often a good political habit that makes any changes in the Electoral law take place long from the election. In our political reality, however, it is a rule that the election campaign is accompanied by auctions on legal grounds. Namely, changes in the borders of election districts take place, vote calculation methods are modernised so that they would be naturally beneficial for those who carry out such normative transformations.

3

Changes in political relevance of The League of Polish Families in result of parliamentary, municipal and European elections

100%

Koziełło T.

Studia Politologiczne

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2019

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vol. 52

239-250

EN

The article comprises an analysis of political relevance of the League of Polish Families (LPR) – the only party of the national movement in the Republic of Poland that introduced its representatives to the parliament and was a member of government coalition. Thanks to its presence in legislative and executive institutions it was able to participate directly in the legislative processes, implement its ideological concepts and control the government with regard to its functioning. LPR was a party that had significant potential to become an important political entity of national character. The union of national and national-conservative groups, as well as the program directed to a large part of the society sharing similar values provided the party with electoral success in the first years of its existence. This resulted from the belief of the national electorate that LPR had become an effective representative of their interests in the public sphere- the interests so far not pursued by Polish authorities. LPR was not able to make use of those assets; its failure resulted from ideological and personal disputes between the activists, which contributed to breakdowns, division of the electorate and gradual decrease of influence of the party in the society.

4

Committing a Crime as a Reason to Limit the Ability to Perform Functions in Local Government Administration

80%

Bojarski J., Daśko N.

Polish Political Science Yearbook

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2019

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issue 4 (48)

663-674

EN

2018 local self-government elections in Poland were special ones. Brought to light mismatching of provisions of the Electoral Code and Act on Local Self-Government Employees and attempt to use it to obtain an advantage in fight for political power caused political emotions and legal controversies. The aim of this article is presents limits imposed by criminal law on right to be elected in this type of elections and more general, role of criminal law as a tool in politics. The article presents a problem of conflict of legal regulations regarding the right to be elected and perform a public function in a local self-government unit as a problem of conflict between will of voters and attitude of politicians to creation of law and aim they try to obtain.

5

PRAKTYCZNE KONSEKWENCJE ZMIAN SAMORZĄDOWEGO SYSTEMU WYBORCZEGO W KODEKSIE WYBORCZYM – UWAGI I REFLEKSJE NA TLE WYBORÓW 2014 ROKU

80%

Sieklucki D.

Polityka i Społeczeństwo

|

2015

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issue 3(13)

82-95 (14)

EN

The article contains the first notes and reflections upon the consequences of changes in the Polish electoral system implemented in the Electoral Code formulated following the 2014 local–government election. The author focuses on three types of changes. The first one covers only the reforms of the local–government electoral system (e.g. changes in electoral formula or electoral districts). The second includes reforms of electoral pro-cedures applicable to all Polish elections (voting act and candidate registration). The last one touches upon the general purpose of electoral law codification, primarily the stabili-zation of the electoral system.

6

Election to Regional Assemblies Competition in the Light Party Election. Comparative Analysis

80%

Sulejman K.

Political Preferences

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2015

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issue 11

187-215

EN

The article is an analysis of the local elections, from the perspective of the actors taking part in it. The study involved the election committees taking part in elections in 2006, 2010, and 2014. Exploration statistical data and results of the election was preceded by theoretical observations concerning the discussed issues. It outlines the legal basis for election to local government and made a typology of electoral committees, in accordance with the electoral laws in force during the specified election. It shows the level of participation of each type of election committees. In the analysis, the number of registered electoral committees, the number of candidates each gained votes and seats obtained. The model analyzes afflicting a number of key statistical data allowed to create a picture that revealed the definite advantage of election committees of political parties in electoral competition at the local government level. In addition, the cross-section analysis gave the word Stagnation scenery election, in respect of the entities competing election. The survey covered a national and provincial level. Data were analyzed in the whole country, as well as the division into 16 voivodeships. Information and data on issues taken taken from literature, existing normative acts and the data of the State Electoral Commission. We conducted a descriptive considerations of a comparative analysis using descriptive statistics methods.

7

Wybory do Parlamentu Europejskiego jako wybory drugiej kategorii (second - order elections). Uwagi na temat przyczyn, konsekwencji oraz prób przeciwdziałania niskiej frekwencji wyborczej

80%

Jackiewicz A.

Przegląd Sejmowy

|

2014

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issue 2(121)

9-20

EN

The author examines the issue of elections to the European Parliament in the context of the level of interest of voters in those elections. It presents the concept of “fi rst-order elections” and “second-order elections”, at the same time pointing out that the EP elections over 30 years are considered to be in the latter category. Attention is paid to the mechanisms by which the legislature may attempt to strengthen the level of citizens’ participation in public life and which can have a positive impact on voter turnout in the elections to the European Parliament. These include compulsory voting, holding the election on a day which is not a working day, a two-day vote, the date for the conduct of this election, the fi nancial motivation behind standing in elections or enthusiasm for the idea of the EU after recent accession.

8

E-voting a zasady prawa wyborczego. Analiza prawnoporównawcza

80%

Rulka M.

Przegląd Sejmowy

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2017

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issue 3(140)

71–90

EN

The purpose of this article is to examine the compatibility of electronic voting using the electronic voting machines and the Internet voting (i-voting) with the principles of electoral law. The analysis shows that the greatest doubts may be raised about the compliance of the vote (mainly i-voting) with the principle of secrecy. Secrecy of the vote couldn’t be guaranteed because of an uncontrolled environment in which votes are cast and stored. Hence, the author considers the abolition of one of the elements of secrecy, which is a requirement of anonymity. He also points out the need of extending the rules of the electoral law to include the principle of the public nature of elections, which would guarantee the access of voters to the electoral process following the vote, which legal provisions governing electronic voting usually do not provide. Finally, he indicates the need for very cautious implementation of this method of voting.

9

Poseł burmistrzem, radny posłem. Opinia publiczna wobec zjawiska przerywania kadencji

80%

Kowalik J.

Political Preferences

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2017

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issue 15

87-104

EN

The main issue dealt with in this article pertains to a certain aspect of democratic rules, understood at large, occurring presently in Poland, which are: not serving full terms by various levels local government elected officials and members of parliaments (UE parliament included) due to running for other offices. Statistics of these practices are not reported by the State Board of Election, consequently estimating the level of this phenomenon is hard, for it requires following particular cases, which may lead to errors. While considering this author undertook an attempt to estimate this phenomenon. I will examine the issue of cutting short term due to candidacy for another position, from the legal point of view and then from the ethical and philosophical evaluation of such action with focus on the statistics of not fulfilling electoral term due to taking another preferred position. Finally I will examine how this affects public opinion according to Poland wide surveys conducted on representative samples at the turn of 2015 and 2016.

10

Bezpieczeństwo procesów wyborczych (uwagi de lege lata i de lege ferenda na tle rozwiązań stosowanych w państwach demokratycznych)

80%

Szymanek J.

Zeszyty Prawnicze BAS

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2017

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issue 1(53)

9-40

EN

The subject of the article concerns securing elections against various kinds of manipulations and other dangers regarding determination of result of the ballot. The starting point is the principle of free and fair elections, which today serves as a standard regulated by international and domestic law. This principle emphasizes the need for introducing tools of protection which would protect democratic election (and as a result voters) from possible abuses which might lead to deformation of the will of the sovereign, and in consequence to shaping of elected authorities is different way as expected by voters. The principle of free and fair elections is a theoretical background for establishing practical solutions, examples of which are shown in the article. Along this background Polish solutions as well as suggested solutions are presented. The author expresses the need to legally establish the principle of free and fair elections as one of principles of electoral law recognized by law.

11

W sprawie projektu ustawy o zasadach ustalenia kolejności obsadzania mandatów posłów do Parlamentu Europejskiego wybieranych w Rzeczypospolitej Polskiej na kadencję 2019–2024

80%

Chybalski P.

Przegląd Sejmowy

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2019

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issue 3(152)

123–129

EN

The opinion contains the legal analysis of the bill on the principles for establishing the order of filling the mandates of the Deputies to the European Parliament elected by the Republic of Poland for the term 2019–2024 (print no. 3272). According to its author, the bill solves the problem indicated by the National Electoral Commission, related to a possible situation, when on the day of elections to the European Parliament the number of seats for the Republic of Poland equals 51 instead of 52. What is more, the constitutional admissibility of the proposed bill is unquestionable. Nonetheless, the author indicates the need for certain modifications of the bill, in particular a modification ensuring that a person vested with “the fifty-second mandate” is not referred to, in the proposed provisions, as “the Deputy to the European Parliament, who does not take the seat at the beginning of the term”.

12

Positioning Strategies of Polish Political Parties in the 2014 European Parliament Election

80%

Cichosz M.

Political Preferences

|

2014

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issue 9

167-179

EN

The article concerns an analysis of the types of positioning an electoral agenda adopted by the Polish political parties during the political campaign before the elections to the European Parliament in 2014. Positioning the electoral offer has been treated as one of the main elements of the electoral strategies of political parties, as the way of defining their electoral goals and identifying their strengths and weaknesses as well as opportunities and threats. The scope of analysis assumes main Polish political parties represented in the Polish parliament in the years 2011 - 2014 and additionally the party that managed to cross the entry barrier into the parliamentary market in the EP election in 2014.

13

Opinia prawna na temat zasad agitacji wyborczej

80%

Odrowąż‑Sypniewski W.

Zeszyty Prawnicze BAS

|

2014

|

issue 3(43)

67-72

EN

This opinion presents a thesis that it is absolutely prohibited to carry out electoral canvassing in the areas of military units and other organizational units subordinate to the Minister of National Defence and in civil defense units, as well as in quartered units subordinate to the minister responsible for internal affairs. However, military units set up temporarily in order to carry out a military mission beyond the borders of the Republic of Polish are not covered by the prohibition, as they do not fulfill the requirement of the statutory definition of the area of a military unit. Canvassing to students in schools is also prohibited. In addition, the author of the opinion distinguishes hospitals and penal institutions as workplaces, in which canvassing cannot be carried out if it causes disturbance in their normal operation.

14

Instytucja ciszy wyborczej w orzecznictwie Sądu Najwyższego

80%

Stępień-Załucka B.

Zeszyty Naukowe Uczelni Jana Wyżykowskiego. Studia z Nauk Społecznych

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2017

|

issue 10

rb.ujw.pl/local

EN

The electoral silence institution operates in many countries around the world. In every country, regardless of its essence, it gains a particular dimension. In Poland, in polish electoral system, this institution has been operating since 1989. Since then, it has continued to pursue its basic goal of giving electoral time for a peaceful electoral decision. In this article the author analyzes the case law of the Supreme Court concerning the area and assesses it.

XX

Instytucja ciszy wyborczej funkcjonuje w wielu krajach na świecie. W każdym jednak kraju, niezależnie od swej istoty, zyskuje partykularny wymiar. W polskim systemie wyborczym cisza wyborcza funkcjonuje od roku 1989. I od tego czasu obowiązuje nieprzerwanie, realizując swój podstawowy cel – pozostawienie czasu wyborcy na podjęcie spokojnej decyzji wyborczej. W artykule tym autorka podejmuje analizę orzecznictwa Sądu Najwyższego dotyczącą wskazanego obszaru i dokonuje jej oceny.

15

Głosowanie wyborców niepełnosprawnych – wybrane zagadnienia

80%

Zbieranek J.

Zeszyty Prawnicze BAS

|

2014

|

issue 1(41)

27-47

EN

The article deals with the changes in the Election Code of 2011, aimed at making it easier for people with disabilities to vote. The author gives his support to them, but also offers some adjustments. As concerns voting by correspondence, he proposes to transfer to a later date the deadline for submission of notice of intention of voting, as well as the revision of the requirement of attaching a declaration confirming that the ballot has been filled‑in in person and in a manner guaranteeing secrecy of voting. In addition, the author proposes the extension of postal voting procedures to include other groups of voters. In his opinion, it would be advisable to develop procedures for electronic voting and the introduction of a statutory duty of the municipalities to organize free transportation to the polling stations for elderly and disabled voters.

16

Tryb zmiany systemu wyborczego

80%

Rulka M.

Zeszyty Prawnicze BAS

|

2016

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issue 2(50)

11-31

EN

The article presents a review of possible procedures of changing the electoral system in a comparative perspective with special regard to the Polish legislation. The author claims that changes in electoral system are often manipulated by the political parties. To prevent such tinkering two solutions can be applied: first, is to fix the electoral system in the constitution and, second, to protect the electoral system from amendment within one year before the election. He also provides an analysis of the legal basis of the Polish referendum on electoral system held on 6th September 2015.

17

The spatial distribution of high-season tourism in Poland: based on the records of the 2010 presidential election

80%

Potocki J.

Turyzm

|

2011

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vol. 21

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issue 1-2

41-48

EN

The 2010 presidential election in Poland was held during the summer season when many voters were away from their place of residence. Data showing the numbers of visitors voting in particular districts were used to identify areas with high tourism intensity. Subsequent analysis showed a very strong concentration and polarization of tourism on the northern and southern margins of Poland and in several big cities.

18

Głosowanie ekonomiczne w Polsce z perspektywy deklaracji wyborców

80%

Tybuchowska-Hartlińska K.

Political Preferences

|

2013

|

issue 6

91-100

EN

The presented analysis related to the Polish specificity of preferences in economic voting and to the dynamics of relations between economic situation and political assessment. The analyzed studies show clearly that voters take into account the economic situation in the country irrespective of supporting a particular party – ‘definitely yes’ or ‘rather yes’ (from 75% for Palikot Movement to 79% for PSL). The issue is less important to those respondents who declare electoral absenteeism (60,4%). When considering economic program of a candidate or a political party, this is the electorate of the Democratic Left Alliance who definitely pay to it a lot of attention (87,1%). Regardless of declared ideological views and a party support, the respondents pay more attention to the economic program of a candidate/ a party than to the condition of the national economy, and it especially refers to those voters who declare themselves as right wingers (the left +5,7%; the centre +4,3; the right +9%). To sum up, it can be stated that regardless of an adopted criterion (of electorates of particular parties or ideological views), about ¾ of the voters declare taking into account the economic situation of the country or the economic program of a candidate / a political party as the factor which has an impact on their votes.

19

Polski wyborca w perspektywie modelu głosowania retrospektywnego

80%

Wojtasik W.

Political Preferences

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2015

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issue 10

9-21

EN

The idea of retrospective voting refers to voting decisions that are based on an evaluation of how the government has managed the economy. Research on economic voting in Poland have been carried out from the beginning of the democratic transformation, focusing on isolating and testing of the transition model specific to the countries of Central Europe. Its differentiating feature is a novel way of simultaneously joining the retrospective and prospective motivations in the behaviour of voters, compared to the conventional model present in consolidated democracies. The retrospective voting model is defined as deciding whether to reward or punish the incumbent party on the basis of past policy performance. Based on analysis and own research, the presented paper evidences that the validity of applying the transitional model in the study of economic voting in Poland has been exhausted, as the retrospective motivation is nowadays predominant in the decisions of voters.

20

Odkrywanie fałszerstw wyborczych a „prawo” Benforda

80%

Pierzgalski M.

Środkowoeuropejskie Studia Polityczne

|

2018

|

issue 1

121-139

EN

Is it possible to identify election fraud by using statistical tools? The authors of several articles published in the last few years, e.g. Roukema (2009), Perrichi and Torres (2011) and Mebane (2013), used a research method which they believe can help in detecting fraud during elections. This article addresses the question of whether the so-called Benford’s „Law,” which was used to verify irregularities during the presidential elections in Iran (2009), among others, is a reliable research tool. Unfortunately, empirical examples indicate that the usefulness of this method is questionable.

PL

Czy jest możliwa identyfikacja fałszerstw wyborczych za pomocą narzędzi statystycznych? W kilku artykułach opublikowanych w okresie kilku ostatnich lat, m.in. Roukema (2009), Perrichi i Torres (2011) oraz Mebane (2013) użyli metody badawczej, która ich zdaniem może pomagać w wykrywaniu oszustw, które miały miejsce podczas elekcji. W tym artykule, odpowiadam na pytanie, czy tzw. „prawo” Benforda, które zostało wykorzystane np. do weryfikacji nieprawidłowości podczas wyborów prezydenckich w Iranie (2009), jest wiarygodną metodą badawczą. Niestety, przykłady empiryczne wskazują, że użyteczność wskazanej metody jest dyskusyjna.

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