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Henk Botha, Nils Schaks, Dominik Steiger - Das Ende des repräsentativen Staates? Demokratie am Scheideweg - The End of the Representative State? Democracy at the Crossroads

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Henk Botha (ed.), Nils Schaks (ed.), Dominik Steiger (ed.)

Das Ende des repräsentativen Staates? Demokratie am Scheideweg - The End of the Representative State? Democracy at the Crossroads

2016

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Wessel le Roux Migration, Representative Democracy and Residence Based Voting Rights in Post-Apartheid South Africa and Post-Unification Germany (1990-2015) S. 171-200

„… representation). The question of ‘the people’ thus becomes the question of ‘the electorate’ or the right to vote …” „… allowed to vote in national elections. Even if the right of non-resident foreigners to be included in the …” „… contained not one, but two provisions regulating the right to vote. Each provision strangely contained its …”

Barbara E. Loots Civic Dignity as the Basis for Public Participation in the Legislative Process S. 257-272

„… impermissible intrusion… on the value of the right to vote acquired through bitter struggle’.17 The majority and …” „… right to vote. It also presupposes that citizens have an equal chance to participate in public processes …” „… ’37 to just a right to vote.38 McCormick emphasises the need for broad democratic participation as …”

Henk Botha, Nils Schaks, Dominik Steiger On the Future of Democracy S. 33-48

„… strengthen democratic legitimacy include – with regard to the represented – extending the right to vote and …” „… that there is a correlation between the affectedness of an individual and his or her right to vote …” „… in respect of the restriction of the right to vote of nationals who are resident abroad. Against this …”

Richard Calland, Shameela Seedat Institutional Renaissance or Populist Fandango? The Impact of the Economic Freedom Fighters on South Africa’s Parliament S. 219-248

„… common voters roll, regular elections and a multi-party system of democratic government, to ensure …” „… , just 0.25% of the vote – around 50,000 voters in the last election – are required to win representation …” „… section 1, and violated the voters’ rights vested in citizens by section 19(3) of the Bill of Rights. They …”

Christi van der Westhuizen Democratising South Africa: Towards a ‘Conflictual Consensus’ S. 75-102

„… capital, institutions and politics, New York 2012, p. 38. 75 more than merely the right to vote, as …” „… voters a question, usually to confirm who should rule, and the ruled cannot ask questions back.4 However …” „… attested to by the remarkable combination of first and second-generation human rights in their social …”

Jonathan Klaaren The South African “Secrecy Act”: Democracy Put to the Test S. 131-156

„… individual rights. At one point, the Bill declared that it was one of its objects to “harmonise the …” „… at all levels of government.”6 The second text is the right of access to information, included as …” „… the right of access to – (a) any information held by the state; and (b) any information that is held …”

Henk Botha Democratic Participation and the Separation of Powers S. 385-402

„… past and generally binds only the parties to the dispute. Rights of participation in the judicial …” „… legitimate interests are affected, to procedurally fair administrative action. This includes the right to be …” „… , while the second relates to the rights of participation of individuals and households who are about to …”

doi.org/10.5771/9783845274072

Christian Calliess - Herausforderungen an Staat und Verfassung

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Christian Calliess (ed.)

Herausforderungen an Staat und Verfassung

Series: Schriften des Europa-Instituts der Universität des Saarlandes - Rechtswissenschaft

Volume 100 2015

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Anne Peters The Crimean Vote of March 2014 as an Abuse of the Institution of the Territorial Referendum S. 278-303

„… repression by the government, which meansthat they should be granted the right to vote.Once outvoters are …” „… practice this has been in fact the decisivecriterion for granting the right to vote on a territory (e.g. in …” „… the end be traced back to individuals, and related to their rights.The vote on the territory need not …”

Karin Oellers-Frahm Much Ado About R2P A critical assessment of the prospects of R2P as an „obligation” to protect S. 246-264

„… , thus a right that can be abused.It has been argued with good reasons25 that the vote in contributing to …” „… underlinedin particular the responsibility of the international community to put an endto such human rights …” „… regard to this requirement sincehuman rights violations within a particular state are not necessarily …”

Christian von Buttlar years into the „Responsibility to Protect”-campaign – Taking a breath in an uphill battle for more consistent intervention in humanitarian crises S. 65-77

„… unwilling to halt human suffering within theirborders, their right to sovereignty should be discarded to …” „… rightto a right and a duty to protect, in order to determine „when, if ever, it isappropriate for states …” „… rights for all,” whichhe presented to the UN GA in the spring of 2005 in preparation for the follow-up …”

Stefan Weber Creditor Bail-in Tools to Avoid Bankruptcy Liquidation of Financial Institutions and the Fair and Equitable Treatment Standard S. 360-382

„… directions: regional voters could ignore the issue and refuse to takeor share any burden, creditors could …” „… resolutionmechanism, whereby an investor whose rights under the BIT have been violated has recourse to international …” „… authorities that apply the bank resolution toolswill need, in particular, to strike the right balance between …”

Heike Jung Upgrade für die margin of appreciation? S. 976-987

„… accordancewith the principle of subsidiarity, have the primary responsibility to securethe rights and freedoms …” „… appreciation, subject to the supervisory jurisdiction of the European Court of Human Rights establishedby this …” „… interpretation“, „Convention as aliving instrument“ und „rights that are real and not illusory“ gekennzeichnetist …”

Titelei/Inhaltsverzeichnis S. 1-24

„… of Germany v. Italy 44Jürgen Bröhmer15 years into the „Responsibility to Protect”-campaign –Taking a …” „… Doktorarbeit 265José Miguel Olivares TramónInhalt18The Crimean Vote of March 2014 as an Abuse of the …” „… TomuschatCreditor Bail-in Tools to Avoid Bankruptcy Liquidation of FinancialInstitutions and the Fair and Equitable …”

doi.org/10.5771/9783845254319

Ellen Bos, Kálmán Pócza - Verfassunggebung in konsolidierten Demokratien

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Ellen Bos (ed.), Kálmán Pócza (ed.)

Verfassunggebung in konsolidierten Demokratien

Series: Andrássy Studien zur Europaforschung

Volume 13 2014

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Gábor Tóka Constitutional Principles and Electoral Democracy in Hungary S. 309-329

„… right of the 300,000+ voting-age citizens who also have a residence abroad to cast their vote at a …” „… circumstances ... the decision of the legislature to limit the right to vote for Hungarians living abroad to the …” „… enfranchisement”, and that “it could also be considered whether the right [to vote] should be restricted to …”

Baldvin Thor Bergsson, Paul Blokker The Constitutional Experiment in Iceland S. 154-175

„… review of the rights chapter in regard to international conventions, such as the European Convention on …” „… of the Church under Article 62, it shall be submitted to a vote for approval or rejection by secret …” „… ballot of all those eligible to vote. The amendment procedure is monistic in that it only gives …”

Sonja Milchram À la Carte Opinion Polling? Divided Public Opinion in the Hungarian Constitution-Making Process – Surveys and Results S. 329-346

„… strategy against criticism was the reference to the voters’ choice with support from empirical evidence. In …” „… Right to Constitution- Making - Preliminary Public Opinion Polling Analysis 24.11.2010], Budapest …” „… per cent of the electorate had voted for Fidesz-KDNP, consequently due to the electoral system the …”

Ferenc Hörcher Communal Values in the New Hungarian Fundamental Law: The Habermas-Ratzinger Debate and the Use of the Humanities in Constitutional Interpretation S. 346-365

„… self-evident theses about modern constitutions: that they are simply meant to defend the individual’s rights …” „… republican.8 Here Habermas returns to this internal criticism of liberalism, based on the common sense voters …” „… a universal morality, based on natural law and the human rights. Ratzinger seems to be rather …”

András Jakab The Two Functions of a Constitution S. 78-104

„… expressed by the protection of fundamental rights and the idea of the separation of powers) and (2) to be …” „… rights, whereas the medieval documents only refer to the rights of certain (legally defined) social …” „… confirmed ‘old’ rights, they were not meant to set up a new regime. (3) The rights were conceived as …”

doi.org/10.5771/9783845251363

Henning Hochstein, Frank Schale - Otto Kirchheimer - Gesammelte Schriften

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Henning Hochstein (ed.), Frank Schale (ed.)

Otto Kirchheimer - Gesammelte Schriften

Series: Otto Kirchheimer - Gesammmelte Schriften

Volume 6 2021

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[7.] A Constitution for the Fourth Republic[1947] S. 357-425

„… time in French history, the right to vote was extended to women. Chapter I 1 Journal Officiel, 1944, p …” „… voter to split his ticket, the very vocal leaders of the Radical Socialists and the Right opposition …” „… of the Council, he should have the right to dissolve the Assembly in case it has twice refused a vote …”

[12.] Prospects for the Development of Control Measures Against the Communist Parties of Western Europe [1951] S. 494-505

„… toleration; though many — especially on the right — would like to see the Communist party and its front …” „… could only strengthen the right and might lead to dictatorship and to similar measures directed against …” „… , however, possibilities for change exist. Exercise of influence by the United States, a shift to the right …”

[9.] Communist Strength in the Trade-Union Organizations of Western Europe [1950] S. 443-456

„… proved disproportionate to their size. On the Extreme Right of the French labor movement, the CGSI …” „… of all organized labor. While it is tempting to see an analogy between the 5.5 million popular vote …” „… reduced the Communist electoral support from 11.9 to 5.8 percent of the total votes, and its parliamentary …”

[15.] Implications of Chancellor Adenauer’s Removal from the German Political Scene [1952] S. 529-533

„… in order to increase their appeal for the extreme right. With the SRP now removed as a likely nucleus …” „… the bulk of the electorate which is to the right of their coalition partner. Even if the FDP and the …” „… DP succeeded in amalgamating all the electorate to the right of the CDU and, in addition, gained a …”

[20.] The West German Bundestag Elections of 1953[1953] S. 574-598

„… and right-of-center parties. It won 12,400,000 voters as opposed to 3,500,000 for the Free Democratic …” „… total vote to approximately 28,400,000. Largely through obtaining the lion’s share of this increase, the …” „… ), obtaining 12,400,000 votes to their combined total of 3,500,000. The major portion of its gains occurred in …”

[4.] Civil Affairs Handbook GermanySection 3: Legal Affairs[1944] S. 245-339

„… most vital administrative tasks, the right to appoint judges and prosecutors as well as the execution …” „… over patent rights, and against whose decisions appeal could be taken to the Reichsgericht, has from …” „… sections of the Food Estate (Reichsnährstand) the right to grant, restrict, or deny quotas. They also …”

[18.] The West German Election Campaign[1953] S. 556-567

„… the Adenauer government. The SPD opposition, although continuing to appeal to non-labor voters …” „… stressing issues calculated to appeal to rightist voters. I. Introduction1 On September 6, the West German …” „… seats in the Bundestag at least proportional to the number of votes cast for them, the incentive to join …”

[5.] The General Character of a Future German Government [1946] S. 340-349

„… be restored to their voting rights at an early date. The major question here, however, centers around …” „… to protect basic democratic rights and freedom even against changes by parliamentary majorities.2 The …” „… right of dissolution, which might be given to the cabinet, under proper safeguards such as a stipulation …”

[6.] Current Political Tendencies in Germany Bearing on Its Future Governmental Structure [1946] S. 350-356

„… whether the CDU will be able to absorb the majority of the middle-class vote, not only because of the …” „… , and even to render doubtful the future right of a Reich constitution to override stipulations …” „… to overthrow a cabinet through a vote of non‐confidence. With these tendencies go corresponding …”

[14.] Communist Influence in Sensitive Positions in Western Europe[1952] S. 515-528

„… votes. Whenever the Gaullists and Socialists join the Communists in opposition to the right center …” „… Party polled 4,926,500 votes (25.7 percent) of a total of 18,000,000 – equivalent to a 2.9 percent …” „… government, the combined vote is sufficient to overthrow the government. 4. The pattern of losses of …”

[10.] The State of East Germany 1949 – 1950[1950] S. 457-472

„… Committees, although not formally part of the public administration, have the right and duty to inject …” „… interests and functions; (2) to increase SED strength by giving these groups an ostensibly independent vote …” „… rank and file to the extreme right. These targets include the Ruhr authority, the Saar settlement, the …”

[19.] Austria Attempts Independent Foreign Policy[1953] S. 568-573

„… voters and to prove the resourcefulness of the two-year-old Raab-Maleta leadership to the party’s rank …” „… Eastern policy with the avowed purpose of inducing the USSR to grant Austria a treaty. There are …” „… indications that the Austrians would be willing to accept a neutralized position, provided allowance is made …”

[8.] The Refugee Problem in Western Germany[1949] S. 426-442

„… in postwar German political life. Various political parties have tried to attract the refugee vote by …” „… makes them vulnerable to the political extremism of both the Right and the Left, as well as the fact …” „… periods. The study is confined to the three Western Zones1 of Germany. Refugees are herein defined as …”

[2.] Administration of German Criminal Justice under Military Government [1944] S. 183-224

„… in the Criminal Code. 188 D. Procedural Law 192 1. Preventive Detention. 192 2. Right to …” „… Representation. 192 3. Right to Bring a Case to Trial. 193 4. Right to Introduce Evidence. 194 5. Right to Appeal …” „… vergleiche in der Einleitung S. 56-59.] 183 C. Procedural Law 203 1. Preventive Detention. 203 2. Right to …”

Einleitung zu diesem Band S. 7-154

„… taken about the use of color words such as ›reactionary,‹ ›progressive,‹ ›left or right,‹ etc.« (zitiert …” „… for the team method and close supervisorial control, had to be followed by all R. and A. personnel …” „… reports in Washington had to be accepted as the raison d'etre of R. and A., and every dispersal of R. and …”

doi.org/10.5771/9783845290027

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OER Osteuropa Recht

Browse Volumes: OER Osteuropa Recht

OER Volume 61 (2015) Issue 3 ISSN Online: 2366-6730

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Ákos Cserny, András Téglási Certain Elements of the Transformed Hungarian Electoral System in the Light of the Experience of the 2014 Elections S. 335-362

„… to Article XXIII para. 4 of the Fundamental Law: “A cardinal Act may subject the right to vote or …” „… practice, expatriates normally would only have the right to vote within a specific voting system, limiting …” „… suffrage rights, therefore, the right to exercise one’s vote regardless of the place of residence of the …”

doi.org/10.5771/0030-6444-2015-3

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