COMPARATINE ANALYSIS OF LEGAL REGULATION OF THE REFERENDUM IN FOREIGN COUNTRIES
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
The aim of this article is the comparative analysis of the foundations of legal regulation of the referendum as forms of direct democracy in foreign countries. The legal nature of the referendum in the context of the theory of constitutional law is defined. The author explores the history of the formation and the foreign experience of operation the referendum. The basis of the study is constitutional norms about the referendum of the Constitution of Ukraine, Switzerland, USA, Great Britain, Spain, Federative Republic of Brazil as well as quantitative data on referendum in those countries. The research methodology is built on the comparison of institutional and instrumental features of the referendum. In the scientific literature, the term «referendum» (from Latin referendum – something to be proclaimed) is understood as a way of the adoption of laws or decision-making concerning the main issues of social life through the direct expression of the citizens’ will in the national popular vote. Reasons that are an obstacle for development of institute of local referendum in Ukraine are distinguished; suggestions in relation to his further improvement as forms of direct democracy are formulated. The obtained results of the study are important in theoretical terms – for the development of the definition of a referendum, understanding of its legal nature and functions, and in practical terms – for public discussions about ways of development of democracy in certain conditions.
Authors and Affiliations
О. О. Прогонна
Keywords
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