Bringing in the People: A Comparison of Constitutional Forms and Practices of the Referendum

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BRILL, 2024年2月26日 - 324 頁
The referendum is not a monolithic method of national decision making. There are a multitude of referendum forms which exist under varying constitutional conditions and operate in different ways. A global comparison shows that more than half the constitutions of the world provide for the referendum at a national level, but referendums are also carried out without explicit constitutional support. Two main forms of referendum can be observed, the mandatory constitutional referendum and the policy vote. This book argues that the referendum does not undermine representative decision making, but supplements it in various ways: the referendum is not diametrically opposed to representative government, and when properly designed and used, the institution of the referendum can enhance the legitimacy of a constitutional and political system. This book is the first comprehensive constitutional and comparative analysis of the referendum. It offers illuminating and intriguing reading for all those interested in national decision making.
 

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I INTRODUCTION
1
II THE REFERENDUM IN THE CONTEXT OF NATIONAL DECISIONMAKING a theoretical exploration
15
III HISTORICAL DEVELOPMENTS
40
IV THE REFERENDUM AS A GLOBAL PHENOMENON
126
V THE REFERENDUM IN FOUR COUNTRIES
181
VI THE REFERENDUM IN THE CONTEXT OF INTERNATIONAL LAW
235
VII REFLECTIONS ON THE THEME
271
BIBLIOGRAPHY
281
Danish and Irish referendums
303
TABLE OF CASES
305
FIGURES AND TABLES
308
SUBJECT INDEX
309
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