publication . Article . 2009

Constitutional Referendums: A Theoretical Enquiry

Stephen Tierney;
Open Access
  • Published: 01 Jan 2009 Journal: Modern Law Review, volume 72, pages 360-383 (issn: 0026-7961, eissn: 1468-2230, Copyright policy)
  • Publisher: Wiley
  • Country: United Kingdom
In recent decades the use of referendums to settle major constitutional questions has increased dramatically. Addressing this phenomenon as a case study in the relationship between democracy and constitutional sovereignty, this article has two aims. The first is to argue that these constitutional referendums are categorically different from ordinary, legislative referendums, and that this has important implications for theories of constitutional sovereignty. Secondly, the article suggests that the power of these constitutional referendums to re-order sovereign relations raises significant normative questions surrounding the appropriateness of their use. The arti...
free text keywords: Law, referendums, Referendum, Deliberative democracy, Sovereignty, Constitutional law, Democracy, media_common.quotation_subject, media_common, Normative, Constitutional economics, Political philosophy, Political science
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