Referendum Authorization Procedures in Europe

Hardback

Referendum Authorization Procedures in Europe

A Comparative Analysis

9781035311200 Edward Elgar Publishing
Anna Forgács, PhD candidate, University of Zürich, Switzerland
Publication Date: September 2023 ISBN: 978 1 03531 120 0 Extent: c 256 pp
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com.

Exploring the referenda practices of eight European states, this book unpacks the intricacies of the institutional and procedural settings of referendum authorization to reach an equilibrium between the exercise of popular sovereignty and the protection of rule of law. The book also examines how by authorising certain issues and refusing others, state institutions can exercise considerable control over the whole referendum process.

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Exploring the referenda practices of eight European states, this book unpacks the intricacies of the institutional and procedural settings of referendum authorization to reach an equilibrium between the exercise of popular sovereignty and the protection of rule of law. The book also examines how by authorising certain issues and refusing others, state institutions can exercise considerable control over the whole referendum process.

Outlining how the rise of populist political parties and governments in Europe have brought direct democracy to the fore, this future-oriented book highlights four procedural guarantees that are compatible with democratic referendum authorization procedures. These include the independence and impartiality of the decision-maker, the right to a reasoned decision, the right to be heard, and the right to an effective remedy. Using comparative analysis and data collection, the book demonstrates why these guarantees are minimum requirements to ensure that the rights of the initiators and voters are represented in the procedure and therefore reduce the risk of arbitrary decision-making.

This state-of-the-art title will be an invaluable resource for academics and students of constitutional and administrative law, politics and public policy. With its practical application, governmental policymakers and practitioners will benefit widely from the book.
Critical Acclaim
‘”Direct democracy can only fulfill the promise of enhanced civic engagement and genuine democratic will-formation, if the direct-democratic instruments are well-constructed.” Anna Forgács brilliantly demonstrates this core truth about direct democratic mechanisms by focusing on referendum authorization procedures in a mindfully selected number of European states. The book fills a void and is bound to become a cornerstone of studies on the design and legal limits of direct democracy.’
– Laurence Morel, University of Lille, France

‘Who gets to decide whether a given proposal may be put to a popular vote? How should procedures for making that decision be designed? Based on a huge amount of data and a meticulous analysis of the intricacies of referendum authorization in various European states, this is the first work to address these questions in a systematic way. Highly impressive.’
– Daniel Moeckli, University of Zurich, Switzerland
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