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The Legal Limits of Direct Democracy: A Comparative Analysis of Referendums and Initiatives across Europe

Edited by: Daniel Moeckli, Henri Ibi

ISBN13: 9781800372795
Published: July 2021
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £109.00



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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.

Subjects:
Constitutional and Administrative Law, European Jurisdictions
Contents:
1. Introduction to The Legal Limits of Direct Democracy
Daniel Moeckli
PART I. THE VENICE COMMISSION’S CODE OF GOOD PRACTICE ON REFERENDUMS
2. The Code of Good Practice on Referendums
Pierre Garrone
3. Revision of the Code of Good Practice on Referendums
Nicos C. Alivizatos
PART II. ‘OLD’ EUROPEAN DEMOCRACIES
4. Switzerland
Daniel Moeckli
5. Liechtenstein
Wilfried Marxer
6. Italy
Henri Ibi
7. Spain
Daniel Simancas
8. France
Marthe Fatin-Rouge Stefanini
PART III. ‘NEW’ EUROPEAN DEMOCRACIES
9. Slovenia
Bruna Žuber and Igor Kaučič
10. Croatia
Robert Podolnjak
11. Slovakia
Kamil Baraník
12. Hungary
Anna Forgács
13. Latvia
Mārtinš Birģelis
14. Russia
Julian Ivan Beriger
15. Comparative conclusion
Anna Forgács, Henri Ibi and Daniel Moeckli
Index