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Book BSP 20A Eng.Indb UNIVERSITY OF BIAŁYSTOK FACULTY OF LAW BIAŁOSTOCKIE STUDIA PRAWNICZE BIAŁYSTOK 2016 VOLUME 20/A Ministry of Science and Higher Education Republic of Poland Creation of the English-language versions of the articles published in the „Białostockie Studia Prawnicze” [Białystok Legal Studies] funded under the contract no. 548/P-DUN/2016 and 548/1/P-DUN/2016 from resources of the Minister of Science and Higher Education dedicated to the popularisation of science. Stworzenie anglojęzycznych wersji wydawanych publikacji w „Białostockich Studiach Prawniczych” fi nansowane w ramach umowy 548/P-DUN/2016 i 548/1/P-DUN/2016 ze środków Ministra Nauki i Szkolnictwa Wyższego przeznaczonych na działalność upowszechniającą naukę. BIAŁOSTOCKIE STUDIA PRAWNICZE VOLUME 20/A Editor-in-Chief of the Publisher Wydawnictwo Temida 2: Cezary Kosikowski Chair of the Advisory Board of the Publisher Wydawnictwo Temida 2: Emil W. Pływaczewski Advisory Board: Representatives of the University of Białystok: Stanisław Bożyk, Leonard Etel, Ewa M. Guzik-Makaruk, Adam Jamróz, Dariusz Kijowski, Cezary Kosikowski, Cezary Kulesza, Agnieszka Malarewicz-Jakubów, Maciej Perkowski, Stanisław Prutis, Eugeniusz Ruśkowski, Walerian Sanetra, Joanna Sieńczyło-Chlabicz, Ryszard Skarzyński, Halina Święczkowska, Jaroslav Volkonovski, Mieczysława Zdanowicz. Representatives of other Polish Universities: Marian Filar (Nicolaus Copernicus University in Toruń, Edward Gniewek (University of Wrocław), Lech Paprzycki (Kozminski University in Warsaw), Stanisław Waltoś (Jagiellonian University in Kraków). Representatives of Foreign Universities and Institutions: Lilia Abramczyk (Janek Kupała State University in Grodno, Belarus),Vladimir Babčak (University of Kosice, Slovakia), Renata Almeida da Costa (University of La Salle, Brazil), Chris Eskridge (University of Nebraska, the USA), Jose Luis Iriarte (University of Nebraska, the USA) Marina Karasjewa (University of Voronezh, Russia), Alexei S. Kartsov (Federal Constitutional Court in St. Petersburg, Russia), Bernhard Kitous (University of Rennes, France), Jolanta Kren Kostkiewicz (University of Bern), Martin Krygier (Th e University of New South Wales, Australia), Anthony Minnaar (University of South Africa, South Africa), Antonello Miranda (University of Palermo, Italy), Petr Mrkyvka (University of Masaryk, Czech Republic), Marcel Alexander Niggli (University of Freiburg, Switzerland) Andrej A. Novikov (State University of St Petersburg, Russia), Sławomir Redo (University of Vienna, Austria), Jerzy Sarnecki (University of Stockholm, Sweden), Rick Sarre (University of South Australia, Australia), Kevin Saunders (Michigan State University, the USA), Bernd Schünemann (University of Munich, Germany), Sebastiano Tafaro (University of Bari, Italy), Wiktor Trinczuk (Kyiv National Economic University, Ukraine), Elena Chernikova (Russian Academy of National Economy and Public Administration, Russia), Bogusia Puchalska (Central Lancashire University in Preston, the UK). Editors: Editor-in-Chief: Teresa Mróz Editorial Secretary: Anna Budnik © Copyright by Wydział Prawa Uniwersytetu w Białymstoku, Temida 2, Białystok 2016 No part of this work may be reproduced and distributed in any form or by any means (electronic, mechanical), including photocopying – without the written permission of the Publisher. Th e original version of the journal is a print one. ISSN 1689–7404 Language Editors: Ewa Brajczewska (Polish), Richard Tykocki-Crow (English) Statistical Editor: Ewa Glińska Volume Th eme Editor: Elżbieta Kużelewska Volume Secretary: Dariusz Kużelewski Graphic and Typographic Development: Anna Magnuszewska, Jerzy Banasiuk Cover Design: Bogusława Guenther Publisher: Faculty of Law, University of Białystok; Temida 2 All volumes can be purchased from Wydawnictwo Temida 2, address ul. A. Mickiewicza 1, 15-213 Białystok, e-mail: [email protected], tel. 85 745 71 68 4 Contents Introduction ......................................................................................................................... 9 ELECTION LAW AND ALTERNATIVE VOTING METHODS Magdalena Musiał-Karg Alternative Voting Methods Th rough the Example of Postal Voting and E-Voting in Switzerland ...........................................................................................13 Anna Pacześniak Compulsory Votnig as the Solution to Low Electoral Turnout – the Treatment Worse than the Disease? .....................................................................25 Elżbieta Kużelewska Compulsory Voting in Belgium. A Few Remarks on Mandatory Voting ......................37 Stanisław Bożyk Th e Direct Election of the Prime Minister in Israel’s Constitutional System (1992-2001) ................................................................................53 Adam Szymański Changes in Presidential Election Law in Turkey – Progress in the Democratisation Process? .....................................................................................69 Adam R. Bartnicki Elections to the State Duma in the Russian Federation 1993-2011 ..............................85 Katarzyna Szymczyk Th e Electoral System, Active Electoral Rights and the Role of the Electorate in the Islamic Republic of Iran .......................................99 Anna Doliwa-Klepacka Th e President of the European Council – from Rotation to Election ..........................109 5 Contents Cezary Kulesza Systems of Selection and Appointment of Judges and the Issue of Judicial Independence: American, English and German Experiences ....................121 Izabela Kraśnicka Th e Systems of Selecting State Judges in the USA ........................................................133 Dariusz Kużelewski Th e Election of Lay Judges and the Principle of Participation by Citizenry in the Administration of Criminal Justice ...............................................143 Ewa M. Guzik-Makaruk, Ewelina Wojewoda Off ences Against Elections and Referenda – Selected Legal, Criminal and Criminological Aspects ..........................................................................153 Agnieszka Piekutowska Voting Rights for Immigrants. Refl ections on the Background of EU Citizenship ......171 Iwona Wrońska Procedure of Appointing Members of the European Committee for the Prevention of Torture And Inhuman or Degrading Treatment or Punishment ............................181 Aneta Giedrewicz-Niewińska Industrial Democracy and Involvement of Employees in the Societas Europaea .......195 Bartłomiej Michalak Conclusions and Recommendations (Not Only) De Lege Ferenda Aft er the Crisis in the Polish Local Elections of 2014 ..................................................211 Anna Budnik, Marta J. Czubkowska Th e Role of the Electoral Commissioner in the Division of Municipalities Into Constituencies ...........................................................................231 Marcin Rachwał Evolution of Election Law in the Senate of the Th ird Republic of Poland ...................249 Andrzej Jackiewicz Postal Voting and Voting by Proxy as an Alternative Voting Methods in the Light of the Electoral Code in Poland ................................................................261 Kamila M. Bezubik, Artur Olechno Could the Election Deposit Become an Electoral Qualifi cation? Remarks on the Example of the Election of Head of State ..........................................273 6 Contents Paula Wiśniewska Th e Mechanism of Quota in the Light of Electoral Code Regulations Introduced in 2011 ....................................................................................283 Beata Roguska, Jarosław Zbieranek Opinions of the Poles about Postulated Changes in Electoral Law .............................293 REVIEWS Review of the book: Amanda Bittner and Royce Koop (eds.), Parties, Elections And Th e Future Of Canadian Politics University of British Columbia Press, Vancouver 2013 (Stanisław Bożyk) .................................................... 309 Review of the book: Bogdan Mucha, Finansowanie Kampanii Wyborczych Do Legislatur Stanowych W Systemie Federalnym Stanów Zjednoczonych [Financing of Electoral Campaigns to State Legislatures in the Federal System of USA] Wydawnictwo Adam Marszałek, Toruń 2010 (Krzysztof Prokop) ............................. 315 Review of the book: Anna Pacześniak, Europeizacja Polskich Partii Politycznych [Europeanization Of Polish Political Parties] Wydawnictwo Naukowe Scholar, Warszawa 2014 (Wojciech Gagatek) ............................................................................323 7 Introduction Th e reader is presented with the 20th anniversary compendium of the “Białostockie Studia Prawnicze” [Białystok Legal Studies]. As we face dynamic change, the editorial team, constantly striving to improve the contents and appearance of the publication, has decided to change the graphic design of the cover, which we sincerely hope will be well received by our readership. Journal No. 20 consists of two parts – Election Law and Alternative Forms of Voting (Part A) and the position of the executive in the [political] system in the modern world (Part B). Election law is nowadays one of the key elements of a well and fully functioning democratic system. Universality and equality of election law guarantee participation in the election system by all those entitled to vote. According to the sovereignty principle, the nation exercises its power indirectly – that is through elected representatives as Members of Parliament, or directly, through a referendum process or a ‘people’s initiative’. In the vast majority
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