Full 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.
Contents
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 Žuber and Igor Kaučič
10 Croatia 155
Robert Podolnjak
11 Slovakia 176
Kamil Baraník
12 Hungary 195
Anna Forgács
13 Latvia 214
Mārtinš Birģelis
14 Russia 236
Julian Ivan Beriger
15 Comparative conclusion 262
Anna Forgács, Henri Ibi and Daniel Moeckli
Index
