
The Legal Limits of Direct Democracy
A Comparative Analysis of Referendums and Initiatives across Europe
Edward Elgar Publishing
Published on 13. July 2021
Book
Hardback
296 pages
978-1-80037-279-5 (ISBN)
Description
With the rise of direct-democratic instruments, the relationship between popular sovereignty and the rule of law is set to become one of the defining political issues of our time. This important and timely book provides an in-depth analysis of the limits imposed on referendums and citizens' initiatives, as well as of systems of reviewing compliance with these limits, in 11 European states.
Chapters explore and lay the scientific basis for answering crucial questions such as 'Where should the legal limits of direct democracy be drawn?' and 'Who should review compliance with these limits?' Providing a comparative analysis of the different issues in the selected countries, the book draws out key similarities and differences, as well as an assessment of the law and the practice at national levels when judged against the international standards contained in the Venice Commission's Guidelines on the Holding of Referendums.
Presenting an up-to-date analysis of the relationship between popular sovereignty and the rule of law, The Legal Limits of Direct Democracy will be a key resource for scholars and students in comparative and constitutional law and political science. It will also be beneficial to policy-makers and practitioners in parliaments, governments and election commissions, and experts working for international organisations.
Chapters explore and lay the scientific basis for answering crucial questions such as 'Where should the legal limits of direct democracy be drawn?' and 'Who should review compliance with these limits?' Providing a comparative analysis of the different issues in the selected countries, the book draws out key similarities and differences, as well as an assessment of the law and the practice at national levels when judged against the international standards contained in the Venice Commission's Guidelines on the Holding of Referendums.
Presenting an up-to-date analysis of the relationship between popular sovereignty and the rule of law, The Legal Limits of Direct Democracy will be a key resource for scholars and students in comparative and constitutional law and political science. It will also be beneficial to policy-makers and practitioners in parliaments, governments and election commissions, and experts working for international organisations.
Reviews / Votes
'Referendums and popular initiatives have become more frequent in Europe, and also more disruptive for the stability of national political systems. There is a rich political science literature on the promise and risk of direct democracy but the legal literature, so far, tended to be country-specific. The present volume fills a gap in our knowledge by providing an in-depth comparative study of the legal constraints that condition and channel the recourse to instruments of direct democracy. The book covers 11 representative countries of Europe and it also discusses the Europe-wide Code of good practice on referendums adopted by the Venice Commission.'More details
Language
English
Place of publication
Cheltenham
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
ISBN-13
978-1-80037-279-5 (9781800372795)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Edited by Daniel Moeckli, Professor of Public International Law and Constitutional Law, Anna Forgacs, PhD Researcher and Henri Ibi, PhD Researcher, Institute for International Law and Comparative Constitutional Law, University of Zurich, Switzerland
Content
Contents:
1 Introduction to The Legal Limits of Direct Democracy 1
Daniel Moeckli
PART I THE VENICE COMMISSION'S CODE OF
GOOD PRACTICE ON REFERENDUMS
2 The Code of Good Practice on Referendums 11
Pierre Garrone
3 Revision of the Code of Good Practice on Referendums 19
Nicos C. Alivizatos
PART II 'OLD' EUROPEAN DEMOCRACIES
4 Switzerland 24
Daniel Moeckli
5 Liechtenstein 43
Wilfried Marxer
6 Italy 65
Henri Ibi
7 Spain 86
Daniel Simancas
8 France 107
Marthe Fatin-Rouge Stefanini
PART III 'NEW' EUROPEAN DEMOCRACIES
9 Slovenia 135
Bruna Zuber and Igor Kaucic
10 Croatia 155
Robert Podolnjak
11 Slovakia 176
Kamil Baranik
12 Hungary 195
Anna Forgacs
13 Latvia 214
Martins Birgelis
14 Russia 236
Julian Ivan Beriger
15 Comparative conclusion 262
Anna Forgacs, Henri Ibi and Daniel Moeckli
Index
1 Introduction to The Legal Limits of Direct Democracy 1
Daniel Moeckli
PART I THE VENICE COMMISSION'S CODE OF
GOOD PRACTICE ON REFERENDUMS
2 The Code of Good Practice on Referendums 11
Pierre Garrone
3 Revision of the Code of Good Practice on Referendums 19
Nicos C. Alivizatos
PART II 'OLD' EUROPEAN DEMOCRACIES
4 Switzerland 24
Daniel Moeckli
5 Liechtenstein 43
Wilfried Marxer
6 Italy 65
Henri Ibi
7 Spain 86
Daniel Simancas
8 France 107
Marthe Fatin-Rouge Stefanini
PART III 'NEW' EUROPEAN DEMOCRACIES
9 Slovenia 135
Bruna Zuber and Igor Kaucic
10 Croatia 155
Robert Podolnjak
11 Slovakia 176
Kamil Baranik
12 Hungary 195
Anna Forgacs
13 Latvia 214
Martins Birgelis
14 Russia 236
Julian Ivan Beriger
15 Comparative conclusion 262
Anna Forgacs, Henri Ibi and Daniel Moeckli
Index