Suchergebnisse

The Spanish institutional system has worrying weaknesses. Although the roots are older, the deterioration has been particularly intense since 2015. In this work, different institutions of constitutional law ara analyzed as a reflection of this situation. Extraordinary circumstances as the crisis in Catalonia or the health crisis have aggravated this situation. The conclusión is a significant weakness of the rule of law. ; El sistema institucional español tiene debilidades preocupantes. Aunque las raíces son anteriores, el deterioro ha sido particularmente intenso desde 2015. En este trabajo se analizan distintas instituciones del derecho constitucional como reflejo de esta situación. Circunstancias extraordinarias como la crisis de Cataluña o la sanitaria han agravado esta situación.The Spanish institutional system has worrying weaknesses. Although the roots are older, the deterioration has been particularly intense since 2015. In this work, different institutions of constitutional law ara analyzed as a reflection of this situation. Extraordinary circumstances as the crisis in Catalonia or the health crisis have aggravated this situation. The conclusión is a significant weakness of the rule of law.

Last Thursday, the Sejm has passed another hugely controversial law that might change the constitutional setup in Poland without changing a letter of the constitution itself. The law claims, according to its title, to "increase the participation of citizens in the process of electing, functioning and controlling certain public bodies" (doc. 2001). In large parts, it consists of amendments to the Polish Electoral Code (E.C). Its adoption is opposed by the parliamentary opposition, by the electoral administration bodies and by many experts. The enactment of this law would violate the principle of a democratic state ruled by law in three ways.

To be subject to law, Hobbes argued, is to be deprived of liberty, as we understand it. In this respect, democratic governments are no different from others. Hobbes's insight has not caused us to abandon our commitments to democracy, but it still challenges us to think hard about the nature of representative government, the nature of citizenship in a democratic society, and the conditions necessary for fulfilling the promise of democratic citizenship. Two recent trends are evident. Some citizens have embraced a more active sense of citizenship, which necessarily entails a more insistent need for information, while governments have insisted on the need for greater concentration of governmental power and a higher degree of secrecy. Much is to be learned from the approaches that various national and transnational regimes have taken with respect to this problem. This essay will consider the problem of access to government information from a comparative perspective and as a problem for constitutional theory and socio-legal studies.