This essay demonstrates some fragilities regarding the theoretical treatment and insertion of the democratic principle in the general theory of administrative Law in Germany nowadays and proposes a systematic for the treatment of the mentioned principle by the doctrine. ; Este artigo demonstra a precariedade do tratamento do princípio democrático nas obras gerais de direito administrativo alemão da atualidade e propõe uma sistemática para o tratamento do princípio no campo doutrinário.
Political intolerance has typically been conceptualized as an unwillingness to extend expressive rights to disliked groups or individuals. One problem with this conceptualization is that, when a given percentage of individuals in a polity is found to be intolerant, it is not known if these respondents are intolerant because of the act or because of the actor. We conceptualize intolerance multidimensionally, making a distinction between generic and discriminatory intolerance; while the former stems from an unwillingness to permit the expressive act (such as holding a rally) regardless of the actor, the latter is reserved for an unwillingness to permit the act only when performed by a noxious group. Using data from the Multi-Investigator II Study (a national telephone survey of adults in the United States), we employed a split ballot technique to decompose the total proportion of intolerant respondents into groups whose intolerance stems from an aversion to the actor (discriminatory) versus those whose intolerance stems from an aversion to the act (generic). We further explored the genesis of intolerance, finding that the two types we identified stem from different antecedents. (British Journal of Political Science / FUB)
After centuries of absence, sortition is making its return through academic research, practical experiments, and activists' calls for linking participation and deliberation. These invocations of sortition, however, offer divergent accounts of the concept and different justifications. Gastil and Wright's proposal for a "sortition chamber" provides one such example, but sortition can be conceptualized more broadly. When properly analyzed in this larger sense, one can better appreciate how sortition satisfies democratic principles—often in novel ways that go beyond those enumerated in the lead chapter of this volume. To better understand the implications of sortition, I begin by contrasting it with the other modes of selection democracies use to place people in positions of power, including not only elections but also nomination and certifi cation. I then distinguish varieties of sortition that differ by their mandate, the population from which a random sample is drawn, and the degree to which service is voluntary or compulsory. Depending on the design considerations such as these, sortition can provide a novel means of realizing the democratic aspirations of equality, impartiality, representativeness, and legitimacy. Courant Dimitri (2019), "Sortition and Democratic Principles: A Comparative Analysis", in Gastil and Wright (eds.), Legislature by Lot: Transformative Designs for Deliberative Governance, Verso, New York/London, p. 229-248. https://www.versobooks.com/books/2969-legislature-by-lot
Abstract: Today more than ever within the environment of globalization, societies and countries all over the world, have been pressed in the context of worldwide homologation. This has provoked an enormous tension and inequality in such societies. This is why it is important to have solutions from the perspective of international relationships; furthermore, from my perspective the most important one in this moment is the strengthening and consolidation of a universal democratic principles axis, on which the society may move. The previously mentioned idea is very important due to the fact that the speed which with the changes in modern societies are happening in the context of globalization, has prevented the institutions from reacting on time provoking with this a high level of uncertainty which is affecting the majority of these countries all over the world. For this reason the present project considers not only to be necessary but also fundamental, that principles such as freedom of association and expression as well as the right to vote and to have fair and free elections, work as a mediator axis which becomes a reference point for the decision making process with universal character. Freedom to create and belong to civil and political organizations, freedom for expression, the right to vote, right for the political leaders to compete for the support of the population, alternative sources of information, free and fair elections; and that the public institutions may depend on the vote and other expressions of preference for the elaboration of politics.
Abstract This article aims at explaining the changes in the democratic conditionality of the European Union over time from the institutional contexts of the domestic and regional levels. The comparison milestones regard enlargements that happened between 1993 and 2014. Variations on the dependent variable are analysed in light of the principles and procedures of the concept of polyarchy (Dahl 1989). This analysis demonstrates and explains that the democratic conditionality of the EU has changed over time, becoming more complete and with more pluralist principles when applied to the enlargements. It also highlights the relation between the democratic conditionality and the democratic deficit of the EU by the incorporation of democratic principles and procedures in EU institutions.
Abstract: Today more than ever within the environment of globalization, societies and countries all over the world, have been pressed in the context of worldwide homologation. This has provoked an enormous tension and inequality in such societies. This is why it is important to have solutions from the perspective of international relationships; furthermore, from my perspective the most important one in this moment is the strengthening and consolidation of a universal democratic principles axis, on which the society may move. The previously mentioned idea is very important due to the fact that the speed which with the changes in modern societies are happening in the context of globalization, has prevented the institutions from reacting on time provoking with this a high level of uncertainty which is affecting the majority of these countries all over the world. For this reason the present project considers not only to be necessary but also fundamental, that principles such as freedom of association and expression as well as the right to vote and to have fair and free elections, work as a mediator axis which becomes a reference point for the decision making process with universal character. Freedom to create and belong to civil and political organizations, freedom for expression, the right to vote, right for the political leaders to compete for the support of the population, alternative sources of information, free and fair elections; and that the public institutions may depend on the vote and other expressions of preference for the elaboration of politics.
This paper draws attention to the many variants of democracy established over the centuries, arguing that any definition of "free & fair" is dependent on the democratic values that emerge from these different traditions. While some instances of election-related improprieties very clearly violate any conception of "free & fair," problems arise when different conceptions of democracy are combined with the nuances of the electoral process (such as the benefits & drawbacks of different electoral systems). Moreover, a question arises as to how & to what extent individual standards for "freeness" & "fairness" are compatible. It is argued here that a balance must be struck between them; few, if any, decisions made to strike this equilibrium are politically neutral. Tables, Figures, References. Adapted from the source document.
In a seeming blink of an eye, international bodies applying international law have effectively become the arbiters of domestic copyright law. World Trade Organization ("WTO") dispute settlement panels may now determine whether a nation's copyright law comports with the newly adopted Agreement on Trade-Related Aspects of Intellectual Property ("TRIPS"),' and may authorize trade sanctions upon a finding of non-compliance. Of like import, the United Nations' World Intellectual Property Organization ("WIPO") increasingly serves as a favored venue for copyright industry and user groups to further their legislative agendas. Recent WIPO treaties have accordingly set the tone for proposed domestic legislation designed to bring copyright law into the digital age. Given the ongoing integration of world communications and markets for cultural expression, the continuing globalization of copyright law is inevitable. For that reason, the question of the future direction and shape of international copyright law has become a matter of considerable and growing controversy. Most pointedly, to the profound consternation of numerous commentators, recent years have seen a dramatic move to reconceptualize copyright in terms of international trade. TRIPS epitomizes that move. It aims to ratchet up worldwide copyright protection and enforcement in order to remove barriers to copyright industry exports. United States and European Union officials have aggressively promoted the view of cultural expression as a commodity of trade in other contexts as well. At the behest of their constituent producers and purveyors of sound recordings, films, television programs, and software, they have insisted that countries be required to minimize limitations on copyright holder rights, arguably riding roughshod over venerable copyright values and the public interest in the process. This Article presents an alternative framework for copyright globalization. It builds upon the argument, recently advanced by myself and others, that copyright law serves ...
