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

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

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781800372795
  • 出版时间 July 2021
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
JP¥25,615.00
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  • 描述 
  • 大纲 
  • 详细

    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.

  • 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

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