The possibility of democracy-enhancing uses and anti-democratic abuses of referendums reveals a paradox: mechanisms of democracy can be exploited to do violence to the basic principles of democracy. The Limits and Legitimacy of Referendums seeks to identify standards we might use to assess the democratic legitimacy of a referendum when we cannot rely on the norms of traditional liberal democracy. This innovative book explores how referendums manage the tension between liberalism and democracy, and whether this device holds promise for reconciling these two commitments. A range of scholars from around the world expose how referendums may be abused on one hand to achieve short-term political or even personal gains, and how, on the other, they may aspire to reflect the best traditions of deliberative, innovative, democracy-enhancing popular decision-making. Structured around three big questions, this book seeks to identify what makes a referendum legitimate. First, why have referendums on issues of fundamental political importance become so frequent around the world? Second, who are - or who should be - the people that make decisions about a political community's future? And third, are referendums an effective and reliable mechanism of popular sovereignty or democratic choice? These essays - written for scholars, public lawyers, political actors and citizens - bring together diverse perspectives on referendums, constitutionalism, liberalism and democracy in ways that challenge the conventional wisdom, prompt new answers to enduring questions, and urge reconsideration of how we evaluate the legitimacy of referendums.

The possibility of democracy-enhancing uses and anti-democratic abuses of referendums reveals a paradox: mechanisms of democracy can be exploited to do violence to the basic principles of democracy. The Limits and Legitimacy of Referendums seeks to identify standards we might use to assess the democratic legitimacy of a referendum when we cannot rely on the norms of traditional liberal democracy. This innovative book explores how referendums manage the tension between liberalism and democracy, and whether this device holds promise for reconciling these two commitments. A range of scholars from around the world expose how referendums may be abused on one hand to achieve short-term political or even personal gains, and how, on the other, they may aspire to reflect the best traditions of deliberative, innovative, democracy-enhancing popular decision-making. Structured around three big questions, this book seeks to identify what makes a referendum legitimate. First, why have referendums on issues of fundamental political importance become so frequent around the world? Second, who are - or who should be - the people that make decisions about a political community's future? And third, are referendums an effective and reliable mechanism of popular sovereignty or democratic choice? These essays - written for scholars, public lawyers, political actors and citizens - bring together diverse perspectives on referendums, constitutionalism, liberalism and democracy in ways that challenge the conventional wisdom, prompt new answers to enduring questions, and urge reconsideration of how we evaluate the legitimacy of referendums.

As the referendum becomes a more regular component of decision making, it leaves few, if any, institutions, processes and values of democracy untouched. Political actors of all kinds - including political parties and interest groups - seek to use the referendum device to further their own objectives. The end result is a different kind of democracy than existed before. This book lays out the comparative research agenda on the impact of referendums on the practice of liberal democracy.

This book explores the unusual and unique experience of direct democracy in the small state of New Zealand, where referendums have been a persistent feature of the political landscape for over a century. Referendums have been the site of renewed interest from scholars, seeking to respond to what they term the "democratic deficit" in otherwise stable and functional Western democracies. They have also been at the heart of many divisive and important political and social moments in recent history, from the UK’s Brexit referendum in 2016 to the disputed legitimacy of the 2022 referendums in Russian-occupied Ukraine. This book fills an important gap in the literature through an extended study of the law and practice of referendums in the small Commonwealth state of New Zealand. It also expands the field of small state democracy studies by applying the insights of this field to the direct democracy experience of a small state. With the inclusion of comprehensive tables of referendums and legislative materials, this book will be of interest to scholars of direct democracy and small states, politicians, legislators and policy makers, and all those with a desire to do democracy better.

"How can democracies effectively represent citizens? The goal of this Handbook is to evaluate comprehensively how well the interests and preferences of mass publics become represented by institutions in liberal democracies. It first explores how the idea and institutions of liberal democracies were formed over centuries and became enshrined in Western political systems. The contributors to this Handbook, made up of the world's leading scholars on the various aspects of political representation, examine how well the political elites and parties who are charged with the representation of the public interest meet their duties. Clearly, institutions often fail to live up to their own representation goals. With this in mind, the contributors explore several challenges to the way that the system of representation is organized in modern democracies. For example, actors such as parties and established elites face rising distrust among electorates. Also, the rise of international problems such as migration and environmentalism suggests that the focus of democracies on nation states may have to shift to a more international level. All told, this Handbook illuminates the normative and functional challenges faced by representative institutions in liberal democracies"--

Offers a comparative study of the origins, performance, and reform of contemporary mechanisms of direct democracy.

This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.