Referendum Authorization Procedures in Europe by Forgács, Anna;

Long description:

Exploring the referendum 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 authorizing 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 has 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 policy-makers and practitioners will benefit widely from the book.

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 referendum 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 authorizing certain issues and refusing others, state institutions can exercise considerable control over the whole referendum process.

‘”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.’

Table of Contents:

Contents: 1. Introduction to Referendum Authorization Procedures in Europe 2. European trends in referendum authorization 3. The legal rules on referendums in the selected states 4. The nature of the referendum authorization procedure 5. Procedural guarantees in referendum authorization 6. Impartiality and independence of the decision-maker 7. Right to a reasoned decision 8. Right to be heard and other participation rights 9. Right to an effective remedy 10. Conclusions on referendum authorization procedures in Europe Bibliography Index