Abrogative referendum

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The abrogative referendum or canceling referendum is a special form of the referendum and an instrument of direct democracy . It is initiated by the population and enables them to obtain the repeal of a simple law or another simple legal asset (e.g. a state treaty ). For a successful abrogative referendum , the collection of a certain number of signatures from eligible voters is necessary.

The abrogative referendum plays an important role in Italy and some Latin American countries , but it is unknown in Germany and Austria . In Switzerland , too, there is usually only a suspensive referendum , although there is an abrogative referendum option for urgent federal laws that are valid for more than one year. Federal laws declared as urgent come into force in Switzerland immediately after they have been passed by parliament and cannot be postponed, but can be repealed by an abrogative referendum.

etymology

The German word referendum is a foreign word from Latin and is made up of the prefix " re " (= " back ") and the verb " ferre " (= " carry " or " bring "). The preceeded abrogativ derives from the Latin verb " abrogare " (= " deny " or " cancel ") from.

In an abrogative referendum , the decision to "repeal" a law or political matter passed by the elected representative (parliament or government) is "carried back" or "brought back" to the sovereign (the people).

literature

  • Anna Capretti: Opening of power structures through referendums in Italy. A pluralism theoretical analysis . P. Lang, Frankfurt / Berlin / Bern / New York 2001, ISBN 3-631-37852-1 .
  • Peter Weber: Ways out of the crisis. Electoral reform and referendums in Italy. In: From Politics and Contemporary History . B 34/94, Bonn, August 28, 1994, pp. 20-27.
  • Peter Weber: Legislation in the Italian political system. In: Wolfgang Ismayr (Ed.): Legislation in Western Europe. EU countries and the European Union . VS Verlag für Sozialwissenschaften, Wiesbaden 2008, ISBN 978-3-8100-3466-3 , pp. 463-511.

Individual evidence

  1. Art. 165  BV.

Web links

See also