Referendum Challenges in the Republic of Slovenia

Tytuł:	Referendum Challenges in the Republic of Slovenia
Autorzy:	Žuber, Bruna Kaučič, Igor
Słowa kluczowe:	legislative referendum permissibility of referendum constitutional democracy constitutional review of referendum
Data wydania:	2019
Data dodania:	24-maj-2019
Wydawca:	Wydział Prawa Uniwersytetu w Białymstoku, Temida 2
Źródło:	Białostockie Studia Prawnicze, Vol. 24 nr 1, 2019, s. 137-150
Abstrakt:	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.
Afiliacja:	Bruna Žuber - University of Ljubljana Igor Kaučič - University of Ljubljana
Nota biograficzna:	Bruna Žuber – a teaching assistant at the University of Ljubljana, Faculty of Law, Department of Administrative Law. She is also a senior judicial advisor at the Supreme Court of the Republic of Slovenia and professional advisor of the Institute of Public Administration, founded at the Law Faculty in Ljubljana. Within the field of constitutional law, her research is focused primarily on the constitutional procedural law and law of direct democracy, particularly on referendums. In 2018, Bruna Žuber published a scientific monography on judicial review of legislative referendums. She is an author of numerous original scientific articles, discussions, commentaries and reviews from the field of constitutional and administrative law. She is a member of the national expert group preparing direct democracy legislation and manages research projects on administrative procedural law. Igor Kaučič – professor of constitutional law at the University of Ljubljana, Faculty of Law, where until recently he was also the Vice-Dean and the Head of the Chair of Constitutional Law. Within the fi eld of constitutional law his research is focused primarily on the law of direct democracy as well as on the parliamentary law and the constitutional procedural law. Professor Kaučič has published numerous articles,commentaries, discussions and books on these subjects, two of which cover the field of the constitutional and legislative referendum. He frequently participates in expert groups responsible for preparing amendments of the Constitution of the Republic of Slovenia (in 2013, he led an expert group that prepared a proposal for constitutional changes in the fi eld of legislative referendum). He participates in expert groups preparing systemic legislation in the field of frame of government, particularly referendum and parliamentary law.
E-mail:	Bruna Žuber: bruna.zuber@pf.uni-lj.si Igor Kaučič: igor.kaucic@pf.uni-lj.si
URI:	http://hdl.handle.net/11320/7859
DOI:	10.15290/bsp.2019.24.01.10
ISSN:	1689-7404
metadata.dc.identifier.orcid:	0000-0003-1137-4561 0000-0002-3880-1992
Typ Dokumentu:	Article
Występuje w kolekcji(ach):	Białostockie Studia Prawnicze, 2019, Vol. 24 nr 1

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