La regulación del referendo en el derecho comparado: aportaciones para el debate en España

The defense of referendum as a counterbalancing and monitoring instrument over Parliament’s power is consistent from the very theory of representative democracy. If the will of the people is expressed through their representatives and this is the ultimate foundation of representative democracies, th...

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Bibliographic Details
Main Author: Sáenz Royo, Eva
Format: Article
Language:Spanish
Published: 2016
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=5769355
Source:Revista española de derecho constitucional, ISSN 0211-5743, Año nº 36, Nº 108, 2016, pags. 123-153
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Summary: The defense of referendum as a counterbalancing and monitoring instrument over Parliament’s power is consistent from the very theory of representative democracy. If the will of the people is expressed through their representatives and this is the ultimate foundation of representative democracies, the logical consequence is that people will be able to show sentiment against the will, on a specific issue, expressed by representatives on behalf of the people. Then the referendum is the corollary that reinforces the ultimate basis of representation. However, the advantages that can arise from the referendum as a complement of representative democracy materialize only if the procedures are well designed and ensure information and transparency for citizens. The regulation of the referendum and the popular initiative in comparative law and the practical consequences that has had such regulation may provide a framework for a proper regulation of the referendum in Spain.