Referendum Authorization Procedures in Europe: A Comparative Analysis (Elgar Studies in European Law and Policy) - Hardcover

Forgács, Anna

Hardcover

ISBN 10: 1035311208 ISBN 13: 9781035311200

Publisher: Edward Elgar Publishing Ltd, 2023

Synopsis

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.

About this title

About the Author

Anna Forgács, PhD candidate, University of Zurich, Switzerland

Edition details

• Publisher: Edward Elgar Publishing Ltd
• Publication date: 2023
• Language: English
• ISBN 10: 1035311208
• ISBN 13: 9781035311200
• Binding: Hardcover
• Number of pages: 256