Referendum Challenges in the Republic of Slovenia Cover Image

Referendum Challenges in the Republic of Slovenia
Referendum Challenges in the Republic of Slovenia

Author(s): Bruna Žuber, Igor Kaučič
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Temida 2
Keywords: legislative referendum; permissibility of referendum; constitutional democracy; constitutional review of referendum

Summary/Abstract: The article presents fundamental characteristics of legislative referendum as the most significant form of direct democracy in Slovenia. In addition, it examines the reasons leading to the amendment of constitutional arrangement of legislative referendum in Slovenia in 2013. Fundamental aspects of judicial and Constitutional Court control of legislative referendum are considered. Focusing on jurisdiction of the Constitutional Court and its role in referendum matters in a broader sense, the article also illustrates trends of extensive Constitutional Court practice in referendum matters. An example of a referendum on disputed social issues is illustrated by means of referendums on two acts that have changed the definition of family and equalised same-sex and opposite-sex partners. Furthermore, the article tackles the impact that legislative referendum in Slovenia has exerted on the legal and political system of the country. In that context, on the basis of a particular case, it presents the impact of a referendum campaign and acts of individual participants involved upon voters’ will.

  • Issue Year: 1/2019
  • Issue No: 24
  • Page Range: 137-150
  • Page Count: 14
  • Language: English