Теоријски аргументи "за" и "против" референдума - време преиспитивања
Theoretical Arguments "For" and "Against" Referendum - the Time of Reexamination

Author(s): Vladan Petrov
Subject(s): Law, Constitution, Jurisprudence, Government/Political systems, Electoral systems, Politics and law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Referendum;Educational role of referendum;"Moral obstacle" for realization of referendum;Referendum as an instrument of correction of representative democracy;
Summary/Abstract: In the development of theoretical debate about the institutions of semi-direct democracy, three phases can be noticed. The first phase is a period which lasted until the second half of the 20th century. Its main characteristic was a sharp theoretical struggle between the defenders and the opponents of the institution of referendum. Practically, all the arguments “for” and “against” referendum were formulated in that period.In the second period which lasted almost until nowadays, the arguments “for” and “against” referendum are more systematically formulated. Referendum is regulated by a lot of constitutions adopted in that period. There were only few radical opponents of the institution.The third phase is beginning practically at the moment. It should be based on the richer comparative researches, which was not the case before. The existing arguments should be reexamined because it is difficult to believe that some new one will be found. This theoretical reexamination of the arguments “for” and “against” referendum is a good base for new legislation in this area. A good law should be a reflection of a good theoretical approach. It is, however, always more than that.

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