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Constitutional Referendums - The Theory and Practice of Republican Deliberation (Paperback)
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Constitutional Referendums - The Theory and Practice of Republican Deliberation (Paperback)
Series: Oxford Constitutional Theory
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The use of referendums around the world has grown remarkably in the
past thirty years and, in particular, referendums are today
deployed more than ever in the settlement of constitutional
questions, even in countries with little or no tradition of direct
democracy. This is the first book by a constitutional theorist to
address the implications of this development for constitutional
democracy in a globalizing age, when many of the older certainties
surrounding sovereignty and constitutional authority are coming
under scrutiny. The book identifies four substantive constitutional
processes where the referendum is regularly used today: the
founding of new states; the creation or amendment of constitutions;
the establishment of complex new models of sub-state autonomy,
particularly in multinational states; and the transfer of sovereign
powers from European states to the European Union. The book, as a
study in constitutional theory, addresses the challenges this
phenomenon poses not only for particular constitutional orders,
which are typically structured around a representative model of
democracy, but for constitutional theory more broadly. The main
theoretical focus of the book is the relationship between the
referendum and democracy. It addresses the standard criticisms
which the referendum is subjected to by democratic theorists and
deploys both civic republican theory and the recent turn in
deliberative democracy to ask whether by good process-design the
constitutional referendum is capable of facilitating the engagement
of citizens in deliberative acts of constitution-making. With the
referendum firmly established as a fixture of contemporary
constitutionalism, the book addresses the key question for
constitutional theorists and practitioners of how might its
operation be made more democratic in age of constitutional
transformation.
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