The Limits And Legitimacy Of Referendums

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The Limits and Legitimacy of Referendums

Author : Richard Albert,Richard Stacey
Publisher : Oxford University Press
Page : 321 pages
File Size : 53,6 Mb
Release : 2022-04-25
Category : Law
ISBN : 9780192637796

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The Limits and Legitimacy of Referendums by Richard Albert,Richard Stacey Pdf

The possibility of democracy-enhancing uses and anti-democratic abuses of referendums reveals a paradox: mechanisms of democracy can be exploited to do violence to the basic principles of democracy. The Limits and Legitimacy of Referendums seeks to identify standards we might use to assess the democratic legitimacy of a referendum when we cannot rely on the norms of traditional liberal democracy. This innovative book explores how referendums manage the tension between liberalism and democracy, and whether this device holds promise for reconciling these two commitments. A range of scholars from around the world expose how referendums may be abused on one hand to achieve short-term political or even personal gains, and how, on the other, they may aspire to reflect the best traditions of deliberative, innovative, democracy-enhancing popular decision-making. Structured around three big questions, this book seeks to identify what makes a referendum legitimate. First, why have referendums on issues of fundamental political importance become so frequent around the world? Second, who are - or who should be - the people that make decisions about a political community's future? And third, are referendums an effective and reliable mechanism of popular sovereignty or democratic choice? These essays - written for scholars, public lawyers, political actors and citizens - bring together diverse perspectives on referendums, constitutionalism, liberalism and democracy in ways that challenge the conventional wisdom, prompt new answers to enduring questions, and urge reconsideration of how we evaluate the legitimacy of referendums.

The Limits and Legitimacy of Referendums

Author : Richard Albert,Richard Stacey
Publisher : Oxford University Press
Page : 321 pages
File Size : 54,6 Mb
Release : 2022
Category : Referendum
ISBN : 9780198867647

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The Limits and Legitimacy of Referendums by Richard Albert,Richard Stacey Pdf

The possibility of democracy-enhancing uses and anti-democratic abuses of referendums reveals a paradox: mechanisms of democracy can be exploited to do violence to the basic principles of democracy. The Limits and Legitimacy of Referendums seeks to identify standards we might use to assess the democratic legitimacy of a referendum when we cannot rely on the norms of traditional liberal democracy. This innovative book explores how referendums manage the tension between liberalism and democracy, and whether this device holds promise for reconciling these two commitments. A range of scholars from around the world expose how referendums may be abused on one hand to achieve short-term political or even personal gains, and how, on the other, they may aspire to reflect the best traditions of deliberative, innovative, democracy-enhancing popular decision-making. Structured around three big questions, this book seeks to identify what makes a referendum legitimate. First, why have referendums on issues of fundamental political importance become so frequent around the world? Second, who are - or who should be - the people that make decisions about a political community's future? And third, are referendums an effective and reliable mechanism of popular sovereignty or democratic choice? These essays - written for scholars, public lawyers, political actors and citizens - bring together diverse perspectives on referendums, constitutionalism, liberalism and democracy in ways that challenge the conventional wisdom, prompt new answers to enduring questions, and urge reconsideration of how we evaluate the legitimacy of referendums.

Referendum Democracy

Author : M. Mendelsohn,A. Parkin
Publisher : Springer
Page : 277 pages
File Size : 41,7 Mb
Release : 2001-09-25
Category : Political Science
ISBN : 9781403900968

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Referendum Democracy by M. Mendelsohn,A. Parkin Pdf

As the referendum becomes a more regular component of decision making, it leaves few, if any, institutions, processes and values of democracy untouched. Political actors of all kinds - including political parties and interest groups - seek to use the referendum device to further their own objectives. The end result is a different kind of democracy than existed before. This book lays out the comparative research agenda on the impact of referendums on the practice of liberal democracy.

Small State Referendums

Author : Caroline Morris
Publisher : Taylor & Francis
Page : 73 pages
File Size : 49,9 Mb
Release : 2024-06-17
Category : Law
ISBN : 9781040119518

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Small State Referendums by Caroline Morris Pdf

This book explores the unusual and unique experience of direct democracy in the small state of New Zealand, where referendums have been a persistent feature of the political landscape for over a century. Referendums have been the site of renewed interest from scholars, seeking to respond to what they term the "democratic deficit" in otherwise stable and functional Western democracies. They have also been at the heart of many divisive and important political and social moments in recent history, from the UK’s Brexit referendum in 2016 to the disputed legitimacy of the 2022 referendums in Russian-occupied Ukraine. This book fills an important gap in the literature through an extended study of the law and practice of referendums in the small Commonwealth state of New Zealand. It also expands the field of small state democracy studies by applying the insights of this field to the direct democracy experience of a small state. With the inclusion of comprehensive tables of referendums and legislative materials, this book will be of interest to scholars of direct democracy and small states, politicians, legislators and policy makers, and all those with a desire to do democracy better.

Constitutional Law and Politics of Secession

Author : Antoni Abat i Ninet
Publisher : Taylor & Francis
Page : 283 pages
File Size : 48,6 Mb
Release : 2023-07-31
Category : Law
ISBN : 9781000919318

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Constitutional Law and Politics of Secession by Antoni Abat i Ninet Pdf

This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.

Democratic Legitimacy

Author : Fabienne Peter
Publisher : Routledge
Page : 177 pages
File Size : 41,5 Mb
Release : 2009-01-13
Category : Business & Economics
ISBN : 9781134319244

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Democratic Legitimacy by Fabienne Peter Pdf

This book offers a systematic treatment of democratic legitimacy, interpreted as a distinct normative concept. It defends the view that democratic legitimacy requires that decisions are made in a process that is politically and epistemically fair.

The Oxford Handbook of Political Representation in Liberal Democracies

Author : Robert Rohrschneider,Jacques Thomassen
Publisher : Oxford University Press
Page : 731 pages
File Size : 54,7 Mb
Release : 2020-07-28
Category : Political Science
ISBN : 9780192558695

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The Oxford Handbook of Political Representation in Liberal Democracies by Robert Rohrschneider,Jacques Thomassen Pdf

The Handbook of Political Representation in Liberal Democracies offers a state-of-the-art assessment of the functioning of political representation in liberal democracies. In 34 chapters the world's leading scholars on the various aspects of political representation address eight broad themes: The concept and theories of political representation, its history and the main requisites for its development; elite orientations and behavior; descriptive representation; party government and representation; non-electoral forms of political participation and how they relate to political representation; the challenges to representative democracy originating from the growing importance of non-majoritarian institutions and social media; the rise of populism and its consequences for the functioning of representative democracy; the challenge caused by economic and political globlization: what does it mean for the functioning of political representation at the national leval and is it possible to develop institutions of representative democracy at a level above the state that meet the normative criteria of representative democracy and are supported by the people? The various chapters offer a comprehensive review of the literature on the various aspects of political representation. The main organizing principle of the Handbook is the chain of political representation, the chain connecting the interests and policy preferences of the people to public policy via political parties, parliament, and government. Most of the chapters assessing the functioning of the chain of political representation and its various links are based on original comparative political research. Comparative research on political representation and its various subfields has developed dramatically over the last decades so that even ten years ago a Handbook like this would have looked totally different.

Loser's Consent Cep:c C

Author : Anonim
Publisher : Unknown
Page : 235 pages
File Size : 52,6 Mb
Release : 2024-07-04
Category : Comparative government
ISBN : 9780199276387

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Loser's Consent Cep:c C by Anonim Pdf

Based on data from democracies across the globe, this book examines how election losers and their supporters respond to their loss and how institutions shape losing"--Provided by publisher.

Referendums Around the World

Author : Matt Qvortrup
Publisher : Springer
Page : 395 pages
File Size : 51,9 Mb
Release : 2014-05-05
Category : Political Science
ISBN : 9781137314703

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Referendums Around the World by Matt Qvortrup Pdf

Surveying all referendums around the world since 1793, Dr Qvortrup and contributors provide a thorough account of why and when citizens have been asked to vote on policy issues. Referendums Around the World is essential reading for political scientists and others interested in direct democracy as well as representative government.

Constitutional Referendums

Author : Stephen Tierney
Publisher : OUP Oxford
Page : 352 pages
File Size : 52,8 Mb
Release : 2012-04-05
Category : Law
ISBN : 9780191629082

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Constitutional Referendums by Stephen Tierney Pdf

The use of referendums around the world has grown remarkably in the past thirty years and, in particular, referendums are today deployed more than ever in the settlement of constitutional questions, even in countries with little or no tradition of direct democracy. This is the first book by a constitutional theorist to address the implications of this development for constitutional democracy in a globalizing age, when many of the older certainties surrounding sovereignty and constitutional authority are coming under scrutiny. The book identifies four substantive constitutional processes where the referendum is regularly used today: the founding of new states; the creation or amendment of constitutions; the establishment of complex new models of sub-state autonomy, particularly in multinational states; and the transfer of sovereign powers from European states to the European Union. The book, as a study in constitutional theory, addresses the challenges this phenomenon poses not only for particular constitutional orders, which are typically structured around a representative model of democracy, but for constitutional theory more broadly. The main theoretical focus of the book is the relationship between the referendum and democracy. It addresses the standard criticisms which the referendum is subjected to by democratic theorists and deploys both civic republican theory and the recent turn in deliberative democracy to ask whether by good process-design the constitutional referendum is capable of facilitating the engagement of citizens in deliberative acts of constitution-making. With the referendum firmly established as a fixture of contemporary constitutionalism, the book addresses the key question for constitutional theorists and practitioners of how might its operation be made more democratic in age of constitutional transformation.

Referendums and Ethnic Conflict

Author : Matt Qvortrup
Publisher : University of Pennsylvania Press
Page : 209 pages
File Size : 54,5 Mb
Release : 2022-04-05
Category : Political Science
ISBN : 9780812298581

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Referendums and Ethnic Conflict by Matt Qvortrup Pdf

Although referendums have been used for centuries to settle ethnonational conflicts, there had yet been no systematic study or generalized theory concerning their effectiveness until Matt Qvortrup's Referendums and Ethnic Conflict. Qvortrup's study filled the gap with a comparative and empirical analysis of all the referendums held on ethnic and national issues from the French Revolution to the 2012 referendum on statehood for Puerto Rico. Drawing on political theory and descriptive case studies, the scholar created typologies of referendums that are held to endorse secession, redraw disputed borders, legitimize a policy of homogenization, or otherwise manage ethnic or national differences. He considered the circumstances that compel politicians to resort to direct democracy, such as regime change, and the conditions that might exacerbate a violent response. Qvortrup offers a clear-eyed assessment of the problems raised when conflict resolution is sought through referendum as well as the conditions that are likely to lead to peaceful outcomes. This updated and revised edition includes a new introduction bringing the general field to the present, as well as new specific sections on Scotland (2014), Catalonia (2017), and the Brexit vote in the United Kingdom (2016). The original work's political framework now also covers the literature on identity politics, online campaigning, the regulation of social media, and how referendums are used increasingly as populist devices. This edition also updates referendum results through the end of 2020.

Voting from Abroad

Author : Andrew Ellis ,Carlos Navarro ,Isabel Morales ,Maria Gratschew, Nadja Braun
Publisher : International Institute for Democracy and Electoral Assistance (International IDEA)
Page : 297 pages
File Size : 42,5 Mb
Release : 2007-11-14
Category : Political Science
ISBN : 9789185391660

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Voting from Abroad by Andrew Ellis ,Carlos Navarro ,Isabel Morales ,Maria Gratschew, Nadja Braun Pdf

The constitutions of many countries guarantee the right to vote for all citizens. However, in reality, voters who are outside their home country when elections take place are often disenfranchised because of a lack of procedures enabling them to exercise that right. Voting from Abroad: The International IDEA Handbook examines the theoretical and practical issues surrounding external voting. It provides an overview of external voting provisions in 115 countries and territories around the world, including a map illustrating the regional spread.

People and Parliament in the European Union

Author : Jean Blondel,Richard Sinnott,Palle Svensson
Publisher : Clarendon Press
Page : 304 pages
File Size : 45,5 Mb
Release : 1998-07-30
Category : Political Science
ISBN : 9780191522031

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People and Parliament in the European Union by Jean Blondel,Richard Sinnott,Palle Svensson Pdf

The power of the European Parliament has been steadily and visibly increasing in recent years. This arises from EU treaty changes and from the fact that more and more decisions are being made at the European level. At the same time, however, the already low rate of turnout in European elections has actually been declining. This powerful new study examines a seemingly paradoxical situation which has raised deep concern about the democratic deficit in the European Union. The authors analyse the concepts of participation, democracy, and legitimacy and their applicability at the European level and develop a typology of voter participation and abstention in the European context. Combining extensive new data from specially commissioned surveys in all 1994 member states with a searching review of the existing evidence, they provide a comprehensive account of the legitimacy of the European Union and examine the images of the European Parliament, citizens experiences of the 1994 campaign and their perceptions of the parties and the candidates. In an analysis that challenges existing interpretations, the institutional, demographic, and attitudinal sources of participation and abstention are fully explored. The study concludes by considering how participation and democratic representation might be enhanced, acknowledging forthrightly the obstacles and inherent limits that such efforts are likely to face.

The Palgrave Handbook of European Referendums

Author : Julie Smith
Publisher : Springer Nature
Page : 736 pages
File Size : 45,5 Mb
Release : 2021-03-02
Category : Political Science
ISBN : 9783030558031

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The Palgrave Handbook of European Referendums by Julie Smith Pdf

This handbook provides an empirically rich analysis of referendums in Europe from the end of the Second World War to the present. It addresses a range of perennial theoretical and legal questions that face policy-makers when they offer citizens the chance to take or influence decisions by referendum, not least whether to accept the ‘will of the people’. Taking a multi-disciplinary approach, drawing on historical, philosophical and political science perspectives, the book includes a contextual section on the history of referendums, the theoretical questions underpinning their use, and on constitutional and legal questions about the use of referendums. The empirical sections are divided into those referendums that focus on domestic issues, such as constitutional matters or questions of social policy, and those related to the European Union, including membership referendums and treaty ratification.

Deliberative Peace Referendums

Author : Ron Levy,Ian O'Flynn,Hoi L. Kong
Publisher : Oxford University Press
Page : 257 pages
File Size : 48,7 Mb
Release : 2021
Category : Law
ISBN : 9780198867036

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Deliberative Peace Referendums by Ron Levy,Ian O'Flynn,Hoi L. Kong Pdf

Peace referendums', which seek to manage conflict between warring groups, are increasingly common. Yet they remain erratic forces--liable as often to aggravate as to resolve tensions. This book argues that, despite their risks, referendums can play useful roles amid armed conflict. Drawing on a distinctive combination of the fields of deliberative democracy, constitutional theory and conflict studies, and relying on comparative examples (eg, from Algeria, Colombia, New Caledonia, Northern Ireland, Papua New Guinea, and South Africa), the book shows how peace referendums can fulfil their promise as genuine tools of conflict management.