The Pragmatic and Stylistic Aspects of Communication Between State Authorities and the Citizen within e-Administration in Poland

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - This article discusses the specificity of remote communication between state authorities and...     

Governance or Self-governance in Poland? Benefits and Threats 20 Years Later

The 1989–1990 revolution that took place in Poland as well as in the rest of central and east Europe led to fundamental changes at the local level. The aim of the decentralization reforms was to establish new governing structures and governance practices and to create local self-government as a strong local actor, autonomous from central control. The administrative, fiscal, and political decentralization was to change drastically the role of the central state by providing local authorities with a new set of responsibilities, fiscal resources, and the decision-making power to implement them. Such a shift also implied major clashes over power, resources, and group interests. Why then do such tensions continue to persist? What are the processes through which the central state is returning to the local level? This paper argues that the return of the central state and its increasingly visible presence at the local level is caused by persistent conflicts surrounding the form, structure, and function of the Polish state. These conflicts are aided by a weak civil society and fragmented party system. This paper will examine the case of Poland and ways through which the central state has been (and still is to the present day) imprinting its presence on local spaces of democracy and governance during the last two decades.     

The wall in the ballot box: The Berlin election of 1995

The Berlin election of October 1995 produced very different results in the eastern and western halves of the city, and although the end result was a continuation of the Grand Coalition, it was the PDS and Bündnis 90/Die Grünen who stole the limelight once the votes were counted. This article attempts to account for the performance of the parties in each half of the city and considers the political consequences for them. It concludes by considering what the election can tell us about the public mood in Berlin and about political trends in the Federal Republic in general. What emerges is a ‘wall in the ballot box’, a practical manifestation of die Mauer im Kopf which clearly continues to exist five years after the first all‐German election.     

Australia: Supreme Court of Western Australia orders retrial in case of man convicted of infecting girlfriend with HIV

On 3 October 2002, the District Court convicted an HIV-positive man, Houghton, of unlawfully causing grievous bodily harm to his girlfriend for having unprotected vaginal and anal intercourse with her. Houghton had not told her of his HIV status prior to intercourse. He had been aware of his status for some years before meeting the woman, but testified at his trial that he believed that he could not transmit HIV if he did not ejaculate inside the woman. The woman became HIV-positive as a result of the sexual intercourse. The question put before the jury was twofold: whether there had been bodily injury caused by the applicant to the complainant; and whether that injury was of sufficient severity to constitute grievous bodily harm. The jury found Houghton guilty and in doing so made a finding that the transmission of HIV constitutes grievous bodily harm.     

Legal Certainty and the Role of the Financial Markets Law Committee

The first 150 words of the full text of this article appear below. Key points

• The role of the Financial Markets Law Committee (‘FMLC’)is to provide specialist assistance to those who must meet thechallenges of reforming, modernizing and applying financiallaw by identifying issues of legal uncertainty that may facethe wholesale financial markets and by working to resolve them,if possible, before they give rise to any material risk.
• Itis the author's view that the FMLC is uniquely positioned toserve rule of law values such as legal certainty and legal stability.
• Thisarticle suggests that, in the light of the challenges facingthe financial markets today, the rapid emergence of new markets,the accelerating rate of financial products ‘innovation’,the impact of recent international and European initiativesto harmonize financial markets law and the prospect of law reforminitiatives not yet even underway, the FMLC has an importantrole to play for the future.

  Much is said and . . . [Full Text of this Article]