The Forms of Realizing Direct Democracy and the Contradictions of Contemporary Law : Case of Serbia
The Forms of Realizing Direct Democracy and the Contradictions of Contemporary Law : Case of Serbia

Author(s): Maja Nastić
Subject(s): Law, Constitution, Jurisprudence, Governance, Electoral systems
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Direct democracy; Referendum; People's initiative; Constitution;
Summary/Abstract: The article discusses the forms of realization of direct democracy in the legal system of Serbia and the contradictions observed. The starting point of the analysis is the constitutional framework, in which the importance of the people's initiative and referendum is emphasized. Then, the legal solutions contained in the recently adopted Law of Referendum and People's initiative are analyzed in more detail. It is noted that in Serbia, a serious deficiency in the form of anachronistic legislation passed during the validity of the previous Constitution of Serbia (1990), was eliminated by the adoption of the new law in November 2021. This law undoubtedly contains more improvements compared to the "old" law, but it does not guarantee that citizens can fully exercise the people's initiative. The recent constitutional referendum has shown that this institution has not been given the importance it deserves. It was a second-class event whose importance was not sufficiently recognized by the citizens, which was not an obstacle to amending the constitution.

• Details
• Contents