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The Legal Limits of Direct Democracy

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The Legal Limits of Direct Democracy

A Comparative Analysis of Referendums and Initiatives across Europe

9781800372795 Edward Elgar Publishing
Edited by Daniel Moeckli, Professor of Public Law with a focus on International and Comparative Law, Faculty of Law, Anna Forgács, PhD Researcher and Henri Ibi, PhD Researcher, Institute for International Law and Comparative Constitutional Law, Faculty of Law, University of Zurich, Switzerland
Publication Date: July 2021 ISBN: 978 1 80037 279 5 Extent: c 264 pp
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.

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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.
Contributors
Contributors include: N.C. Alivizatos, K. Baraník, J.I. Beriger, M. Birģelis, M. Fatin-Rouge Stefanini, A. Forgács, P. Garrone, H. Ibi, I. Kaučič, W. Marxer, D. Moeckli, R. Podolnjak, D. Simancas, B. Žuber

This title is available for institutional purchase via Elgaronline.

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