Political rights are associated with participation in social and political life, with the formation of the State, with the organized pressure on the state power (eg by political demonstrations). These rights belong, as a rule, only the citizens of the state.
Only in a few countries and only individual political rights (for example, election) may use stateless persons and foreigners (last - usually only on the basis of reciprocity agreements states).
Among political rights, has long been enshrined in the constitutions include freedom of thought, speech, press. Essentially, all of this, albeit in a different constitutional terms, means the freedom of expression and the public on matters of public concern.
In those days, when there were no constitutions have not been, the first of its expression were oral presentations, particularly in the markets. Then came the press, and is now increasingly important electronic media, especially television.
The latest expression of freedom of speech, began the constitutional language on freedom of information, although in this case refers to not only the political life it is not only the right to express and disseminate opinions, but also the right to seek information, to draw it from all available sources of legitimate way . Illegal receipt of information, such as eavesdropping of telephone conversations of political opponents and other persons without the sanction of a judge shall be held accountable.
Freedom of expression means there is no censorship - special government institutions and officials, who may or may not allow the publication, transmission by electronic media, the publication of certain mate rials. The author has the right to publish or otherwise make publicly available their opinions and beliefs, but for the violation of laws and printing on the media, he is responsible.
It is possible for revealing state secrets, insult, slander (spreading false defamation), defamation (defamation, not false information.) Responsibility usually carry a writer and an editor, a publisher is not liable because it - the entrepreneur. Nor can reveal professional secrets - medical, secrecy of the investigation, etc.
According to the International Covenants on Human Rights in 1966 constitutions of many countries impose other restrictions. Prohibits propaganda and agitation instigating social, racial, religious, ethnic hatred, propaganda of the ideas of national, linguistic, other superiority. Such provisions are particularly common in the basic laws of post-socialist countries, due to their past.
In the countries of totalitarian socialism, freedom of expression is limited to fixed laws banning anti-socialist propaganda, which constitutes a "counter-revolutionary crimes".
In case of violation of the laws on the media may arrest - prohibition of dissemination of publications, television broadcasts, etc. The decision to arrest is usually accepted in the courts (on the basis of a court order, that is, a special resolution of the judge), but in a number of developing countries have such a right, and executive power. The confiscation of publications, magazines, meaning their subsequent destruction, is possible only on the basis of a joint decision of the court.
To create a media required registration with the relevant state authority (for example, in the Committee on Printing, at Companies House). This is not to permit: the creation of the media freely. Registration is a way of keeping, at the same time it means giving newspaper, magazine, television rights of a legal entity. The creation and maintenance of the media is very expensive.
Major gains are usually prepared from the circulation, and advertising, and therefore large advertisers can in some way influence the character printing or television broadcasts. At the same time the media because of their special role in society are under the direct or indirect control of the state. Direct control is carried out in case they belong to the state.
Indirect control is carried out through public corporation with the state, which owns a controlling stake often, through appropriate legislation, through the Ministry of Information (print), registrars, court, etc. In democratic countries, the government monitors and for the fact that there is no monopoly of the media, because it violates freedom of speech.
Almost all constitutions, including those of totalitarian socialism deals with freedom of association in political parties, professional organizations, socio-economic, cultural, sports and other companies. Only in a few countries, except for a party: they are forbidden to violate the unity of the Muslim community (umma). 80-90-ies in the totalitarian developing countries, especially in Africa, banned all parties except the ruling.
In the states of totalitarian socialism such bans do not exist. In some of them there was one party to the other - a few, but in a constitutionally proclaimed leadership of the Communist Party of the existence of other parties does not really matter.
The Constitution establishes only general provisions relating to parties, sometimes referred to freedom of education trade unions, only in the constitutions of totalitarian socialism contains a lengthy article on public organizations and their role in society.
Constitution generally contain three positions on the role of parties: establishing a multiparty system, talk about the role of political parties in a democratic society (they contribute to expressing the political will of the people by voting) state that their organization and methods of work shall comply with the principles of democracy and national independence.
Sometimes it is also said that the parties can not be created on ethnic, national or religious grounds (usually refers to developing countries), and their organizations are established only territorially but you can not create Party organizations in enterprises, institutions (the latter situation is typical of the post- states).
In many European countries, however, there is no such prohibition, there is clerical parties (created with the religious trait), some countries are party organizations and the workplace. Communist parties in the states of totalitarian socialism are always built on the territorial-production basis.
Detailed status of public associations is usually controlled by three types of laws: on political parties, socio-economic and other unions that do not have a major for-profit, and joint-stock companies (partnerships, etc.) whose activities are related to the receipt of income. Last form organizations is governed by the rules of civil (commercial, private) law. Sometimes there are separate laws on trade unions, co-operatives.
The right of association is realized through the establishment and operation of public institutions that do not have a membership, and the purpose of which is to provide certain social services. These bodies are close public initiative (street, parents in schools and other committees), and often there are various social movements (such as for the protection of nature), which also do not know the permanent membership and that sometimes there are only collective members.
Public associations are spur of the moment, prior authorization is not required. However, organizations that have their own statutes, must register. The Constitution stipulates that the organization and operation of public associations should be subject to democratic principles (Spain). Even if they are engaged in political activity (in some countries this is expressly forbidden, such as trade unions, religious groups) and put pressure on the state power, yet their main purpose in contrast to the parties is not the conquest of power, the creation of the government.
In the countries of totalitarian socialism social organizations involved in politics, but under the leadership of the Communist Party: they are regarded as "transmission belts" of the party to the masses.
In contrast to the associations involved in profit-making, public organizations do not need a license (permission to work), but they must be registered (recorded in the registry) and to provide the registrar (usually the Ministry of Justice) data on its financial position.
Especially detailed legislation governs the formation of political parties (in those countries where there are laws on political parties). To create a party must be present at the founding meeting a minimum of citizens with political rights (in Hungary - 10, Bulgaria - 50 people). Present shall elect a chairman, a secretary, are the founding protocol adopt the bylaws, the document on to the organization, etc. A similar procedure applies to the creation of some public organizations.
The most important is the political right of citizens to freedom of assembly, meetings (meetings only in the open air) and demonstrations (of assembly in motion, although there are, for example, and "sedentary" demonstration). This is a form of expression of the collective views on matters of public concern. Many constitutions specify: the right to assemble peacefully and without arms. The legal regulation of freedom of assembly is different depending on the kind of meeting.
For meeting indoors do not need any permission from the authorities (city hall, police station), nor any of their notification, although it should have, for example, permit the owner to occupy premises owned by him for some time. If the organizers of the meeting said that there could be riots, they can go to the police with a request to send its representative who has no right to interfere in the course of the meeting (it opens and closes the leads presiding).
Only in the event of riots, and if weapons are assembled and specially prepared items that can cause harm to human health, a representative of the police can act independently.
If the meeting takes place on the streets, squares, parks, meeting limit the freedom of others (for example, the right to freedom of movement or a walk in a public place). Therefore, open-air meetings require prior notice or permission from the authorities (in Germany - 2 days in France - for 3 in the UK - 6 days).
In addition, a number of European countries, the police may prohibit 2-3 months any public meetings in the open air in a controlled her area, if it considers that such a meeting could lead to social unrest. Meetings are not allowed in places where the legislative body, the residence of the head of state, where there are acute national, religious and other differences.
In such places are often illegal and pickets - small groups of people with placards picketed outside the facility (building), but sometimes pickets near the top state authorities permitted, however, to a certain distance.
Theme of the meeting in the open air, the names of its organizers, the estimated number of participants should be communicated to the City Hall or the police when notifying or seeking permission. This applies to the demonstrations, but not to the pickets.
For the demonstrations there are more stringent requirements: City hall maintains the route, may limit the number of participants in the demonstration. If you deviate from the set route the police may intervene to disperse the demonstration of the use of force and equipment. In developing countries the police at unsanctioned demonstrations often uses weapons, there are significant casualties.
A special form is picketing - the public expression of collective or individual opinions, no marches and sound amplification, by placing the object in the picketed citizens with posters and other graphic means.
Among the political rights include the right to petition. This individual and collective appeals of citizens to the highest authorities of the State (in Anglo-Saxon countries petitions understood primarily appeal to the Parliament). Military personnel may submit only individual petitions. Although in nature the petition - it is a political right, they can contain and often contain access to personal issues.
In Muslim countries, this right corresponds to the right of a Muslim (a member of the Ummah) to come into the yard and the residence of the monarch's request in the hours and days of admission. In the post-socialist countries, and the countries of totalitarian socialism corresponds to the right of petition in part the right of citizens to submit complaints and statements of all public authorities, including the highest.
Intermediate place between the political and personal rights is the right of citizens to equal access to public service. In this case, it is primarily about the so-called classified civil service, with its ranks and grades. To the public service is equated participation in court as jurors, people's