Magisterarbeit, 2014
63 Seiten, Note: 10
1 INTRODUCTION
1.1 Subject of research
1.2 Purpose of the research
1.3 Research questions and methods of research
1.5 Structure of the master thesis
2 EVOLUTION OF THE ELECTION POLICY IN RM: FROM ITS INDEPENDENCE UNTIL TODAY
2.1. Referendum on independence
2.2 Creating the election policy in independent Macedonia
2.3 Macedonian diaspora
3. LEGAL FRAME OF THE ELECTIONS IN RM
3.1 Legal acts in Republic of Macedonia
3.1.1 Constitution of Republic of Macedonia
3.1.2 Electoral code
3.1.3 Other laws
3.2 International acts
4 FIVE DEMOCRATIC PRINCIPLES AND VOTING OF THE MACEDONIAN DIASPORA
4.1 Universal Suffrage
4.2 EQUAL SUFFRAGE
4.2.1 Equal voting rights and equal voting power
4.2.2 Equal rights for parties and candidates
4.3 Free suffrage
4.4 VOTING OF THE DIASPORA OF CROATIA AND SLOVENIA
4.4.1 CROATIA
4.4.2 SLOVENIA
This master's thesis analyzes the legal framework and implementation of parliamentary voting for the Macedonian diaspora, evaluating whether the current election policy adheres to the five democratic principles of suffrage. The research aims to identify potential inequalities between domicile voters and those residing abroad by comparing Macedonia's experience with the models used in Croatia and Slovenia.
1 INTRODUCTION
The elections as a process of transferring the sovereignty from the people to the elected representatives appear in ancient Greece, more precisely in the period called pre-modern state which lasted until XVIII century. Of course, there is a difference between the elections in the modern democracies from that time and today, but essentially they retained the several reasons why they appeared at first place. The elections, above all, are a manner of achieving the civil unquestioned will to be governed, than the elections are “a totality of legal and political processes”, which take place in pre and post-election period, and finally they are a democratic act of selection and organization of the holders of power (Klimovski et al., 2012, 307-310).
In the modern countries, including Republic of Macedonia, the right to vote, specifically the electoral right is a guaranteed by the constitution and belongs to the political freedoms and rights of the human and citizen. These fundamental political rights and freedoms are closely related and regulated with the electoral policy. The implementation of the electoral policy affects the state authority’s legitimacy and its institutions (Risteska and Daskalovski 2009, 10). The electoral policy’ legal framework is composed of: Constitution of Republic of Macedonia, Electoral Code, Law on Members of Parliament, etc. The 1991 Constitution of Republic of Macedonia, adopted after the declaration of its independence, completely transformed the previously set constitutionality within the Social Federative Republic of Yugoslavia (SFRY in the futher text). The Constitution’s fundamental values in the form of 11 basic principles are contained in separate indents in Article 8, including the new benchmark of constitutionality: political pluralism and free democratic elections (Klimovski et al.,202).
1 INTRODUCTION: Defines the core concepts, research questions, and methodology used to analyze the electoral rights of Macedonian citizens residing abroad.
2 EVOLUTION OF THE ELECTION POLICY IN RM: FROM ITS INDEPENDENCE UNTIL TODAY: Examines the historical development of election policies in Macedonia starting from the referendum on independence and the initial involvement of the diaspora.
3. LEGAL FRAME OF THE ELECTIONS IN RM: Provides a comprehensive overview of the domestic and international legal acts that govern election processes and the right to vote.
4 FIVE DEMOCRATIC PRINCIPLES AND VOTING OF THE MACEDONIAN DIASPORA: Analyzes the implementation of universal, equal, and free suffrage, including a comparative look at the diaspora voting systems in Croatia and Slovenia.
voting abroad, external voting, diaspora, Republic of Macedonia, voting rights, enfranchisement, electoral policy, universal suffrage, equal suffrage, free suffrage, election model, electoral law, political participation, constituency, migrant voting
The thesis focuses on the legal framework and practical implementation of parliamentary voting for the Macedonian diaspora, specifically examining whether these processes uphold democratic principles.
The work covers the evolution of Macedonian election policy, the legal structure governing elections, the five democratic principles of suffrage, and a comparative study of diaspora voting systems in neighboring countries.
The study investigates whether the legislation of the Republic of Macedonia effectively provides equality between voters abroad and domicile voters, and how this compares to other former Yugoslavian republics.
The author uses a descriptive method, analysis of primary and secondary legal sources, a historical method to track evolution, and a comparative analysis of electoral processes.
The main sections provide a detailed analysis of the legal acts—such as the Constitution and Electoral Code—and an in-depth evaluation of how democratic principles like universal, equal, and free suffrage are applied to the diaspora.
The study is characterized by terms like external voting, diaspora, enfranchisement, electoral policy, and democratic principles of suffrage.
These countries serve as comparative case studies because they also allow diaspora voting and share historical contexts, providing useful examples of both successes and ongoing challenges in electoral management.
The registration process is identified as a significant barrier, as it is often complex and lacks transparency, leading to lower participation rates compared to domicile voters.
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