Парадокси референдума у савременим правним системима
The Paradoxes in the Referendum in Modern Legal Systems

Author(s): Mijodrag Radojević
Subject(s): Law, Constitution, Jurisprudence, Governance, Politics and law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Direct democrary; Representative democracy; Sovereignty; Constitutional referendum; Rule of law;
Summary/Abstract: The referendum is one of the fundamental mechanisms of direct democracy, and there is no consensus in legal theory about its potential value. Scholars give different in answers to the question of whether this specific popular vote is an instrument of populism or democracy, i.e., whether the referendum compensates for the shortcomings of representative democracy or favors its collapse. Despite their inherent shortcomings, empirical evidence confirms the increasing role of various forms of referendums in modern legal systems in recent decades in the world. The phenomenon of this popularity is explained by the evolution of constitutional democracy, but also by the operation of a complex set of circumstances. On the other hand, the practice of the referendums has confirmed the problems related to their maintenance at the national level, especially in the countries of the former Yugoslavia, but also in countries with a democratic tradition. Based on experiences in the development of this institution within the Council of Europe, basic guidelines, recommendations and procedures have been defined. Nevertheless, research and analytical approach are necessary that would point to the other conditions, adapted to the circumstances and topics being decided on in the referendum, as the guarantees that it is an effective tool for supplementing representative democracy.

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