Parliamentary Opposition and Democratic Transformation Issues – Central and Eastern Europe in Focus

Kovalchuk, V. B.; Sofinska, Iryna

doi:10.17951/sil.2022.31.5.219-231

Cited by 2 publications

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“…The process of amending the constitution should be 'slow and gradual' to allow parliamentary opposition to resist the subsequent constitutional changes initiated by the pro-government parliamentary majority (in the form of modification, alteration, abolishment, or supplement). The constitutional amendment procedure in countries compared is 'rigid' following the number of successive stages of its implementation and legal entities and allowing the parliamentary opposition to control its course (Kovalchuk, Sofinska, 2022). The intention to require a supermajority in Parliament (both chambers) to amend the country's Constitution aims to provide a consensus in mutual ruling majority and opposition relations.…”

Section: Introductionmentioning

confidence: 99%

Constitutional Amendments: Comparative (Re)view in Contemporary Constitutionalism

Sofinska,

Friedberg

2024

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This article subsequently sheds light on existing political, legal, and legislative constitutional amending patterns in selected European countries. It primarily focuses on the (un)successful tools, mechanisms, and procedures for amending the Constitution (initiative, drafting, adoption, and implementation of high-stakes political, legal, and legislative decisions by Parliament and approval by the national referendum on constitutional amendments). We follow a thematic and methodological framework based on theoretical exploration and conceptualization of 'eternal' clauses (unamendable constitutional provisions). The article also provides a thorough analysis of differences in the constitutional amendment procedure in selected countries (Italy, Poland, and Ukraine) during a declared 'state of emergency' or other extraordinary regimes. Furthermore, it examines the outcomes of constitutional referendums aimed at modifying or altering the Constitution.This research aims to investigate whether the process of constitutional amendment (modification, alteration, abolishment, or supplement) depends on the form of government of a particular country. Or does it depend on the level of entrenchment of its Constitution? Is it simply an actual (successful) mechanism and a faultless primary political tool used by the pro-government ruling majority (or sometimes the parliamentary opposition) to 'win a game' or to be a real game-changer following the demand of citizenry? Properly conducted constitutional amendments can provide room for public and institutional debate, contribute to the Constitution's legitimacy, and develop and consolidate democratic constitutional traditions over time. This can be achieved by ensuring that the instruments, rules, mechanisms, and procedures on constitutional change (alteration, modification, abolishment) are open to interpretation and controversy. On the contrary, if applied in a rush or without proper democracy-based discourse (and civic society support), this may undermine in-country political stability and, eventually, the Constitution's legitimacy.It is probable that the end of the war in Ukraine, ongoing since 2014, and the full-scale invasion by Russia on February 24, 2022, will lead to a paradigm shift in constitutionalism. New constitutions may be adopted or existing ones revised to reflect the post-war world order, core values, and the level of development of the state and society where the rule of law prevails.

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Section: Introductionmentioning

confidence: 99%

Constitutional Amendments: Comparative (Re)view in Contemporary Constitutionalism

Sofinska,

Friedberg

2024

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Institutionalization of rights and responsibilities of the opposition in parliament: A comparative European perspective

Pásztor

2024

Pravo - teorija i praksa

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The subject of this study is an analysis of different normative solutions and degrees of institutionalization of the role of the opposition in parliaments across a number of European states, ranging from stipulation in the parliamentary rules of procedure to formal recognition of the opposition in the constitution of the state. Balance of the parliamentary political power as well as acknowledgement of the legitimate role of opposition ensures prerequisites for democratic social dialogue and active participation of responsible citizens in the processes of strengthening institutions of representative democracy. Therefore, only consensual political culture contributes to the political trust that citizens place in political institutions. Although there is no universally adopted model that defines the role of the parliamentary majority and opposition, it is undeniable that the post-democracy era requires a redefinition of basic concepts, such as parliamentary majority and opposition, as well as the role of parliament. The scope of the analysis is limited to a comparative overview of constitutional solutions that guarantee the rights of the opposition and the legal framework regulating the part of the rights of parliamentary opposition, which are realized in the process of creating policies. The aim of the paper is to strengthen mechanisms of parliamentary democracy and, in particular, to strengthen trust in the work of the National Assembly of the Republic of Serbia, as only through the effective implementation of European experiences can public trust be built and standards of political culture be improved. Methodologically, the comparative approach is complemented by the analysis of comments and interpretations of constitutional acts, laws, rules of procedure, as well as recommendations of the Venice Commission.

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Parliamentary Opposition and Democratic Transformation Issues – Central and Eastern Europe in Focus

Cited by 2 publications

References 0 publications

Constitutional Amendments: Comparative (Re)view in Contemporary Constitutionalism

Constitutional Amendments: Comparative (Re)view in Contemporary Constitutionalism

Institutionalization of rights and responsibilities of the opposition in parliament: A comparative European perspective

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