Instytucja referendum konsultacyjnego jako instrument demokracji bezpośredniej w Republice Austrii
The institution of a consultative referendum as an instrument of direct democracy in the Republic of Austria

Summary/Abstract: The principle of democracy derived from the principle of sovereignty (supremacy) of the nationis the guiding principle constitutional system in the Republic of Austria. Nevertheless,the Constitution of the Republic of Austria expressis verbis does not provide for two possibilitiesof exercising power by the Nation – either by representatives or directly, in particular there is noconstitutional provision that directly declares that the sovereign may exercise power directly.The aim of the article is to present the instruments of direct democracy in the Republic of Austria,with special attention to the “youngest” institution introduced in 1989. Volksbefragung – a consultativereferendum, which is treated only briefly in studies on the institution of direct democracy.In order to provide a more complete picture of the functioning of direct democracy in thiscountry, as well as attempts to resolve the dispute regarding the legal character of the Volksbefragung institution (referendum or public consultation), one more brief form of direct democracyin Germany is Volksabstimmung, which is also regulated by the Constitution and by statutein the union law and is somewhat complementary to the institution in question.

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