COUNTERACTING THE LEGISLATIVE AUTONOMY WITH BALLOT MEASURES
In this paper author explores the legal dimensions of the autonomy of the legislature in the context of the current pandemic. The paper is situated in Croatian constitutional theory and is written against the background of two developments. The first one is a decision of the Constitutional Court of...
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| Format: | Article |
| Language: | deu |
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University of Rijeka, Faculty of Law
2022-01-01
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| Series: | Zbornik Pravnog Fakulteta Sveučilišta u Rijeci |
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| Online Access: | https://hrcak.srce.hr/file/402761 |
| _version_ | 1797206726116638720 |
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| author | Matija Miloš |
| author_facet | Matija Miloš |
| author_sort | Matija Miloš |
| collection | DOAJ |
| description | In this paper author explores the legal dimensions of the autonomy of the legislature in the context of the current pandemic. The paper is situated in Croatian constitutional theory and is written against the background of two developments. The first one is a decision of the Constitutional Court of Croatia that authorized the Croatian parliament to avoid a more demanding procedure for adopting the restrictions of fundamental rights enacted in the pandemic. The second development is the use of ballot initiatives to force the parliament to adhere to this procedure. Using the concept of constitutional silences as a tool, I bring these two developments together to explore what are the spaces for unwritten political rules left by the Croatian Constitution and how does the ballot initiative challenge them. I do this to argue that ballot initiatives should not be considered unconstitutional when they do not attempt to override legitimate constitutional silences of parliamentary representation. |
| first_indexed | 2024-04-24T09:11:35Z |
| format | Article |
| id | doaj.art-7459acdcd94247f8ab8d4c86900401f8 |
| institution | Directory Open Access Journal |
| issn | 1330-349X 1846-8314 |
| language | deu |
| last_indexed | 2024-04-24T09:11:35Z |
| publishDate | 2022-01-01 |
| publisher | University of Rijeka, Faculty of Law |
| record_format | Article |
| series | Zbornik Pravnog Fakulteta Sveučilišta u Rijeci |
| spelling | doaj.art-7459acdcd94247f8ab8d4c86900401f82024-04-15T17:43:41ZdeuUniversity of Rijeka, Faculty of LawZbornik Pravnog Fakulteta Sveučilišta u Rijeci1330-349X1846-83142022-01-01431414110.30925/zpfsr.43.1.2COUNTERACTING THE LEGISLATIVE AUTONOMY WITH BALLOT MEASURESMatija Miloš0University of Rijeka, Faculty of Law, Rijeka, CroatiaIn this paper author explores the legal dimensions of the autonomy of the legislature in the context of the current pandemic. The paper is situated in Croatian constitutional theory and is written against the background of two developments. The first one is a decision of the Constitutional Court of Croatia that authorized the Croatian parliament to avoid a more demanding procedure for adopting the restrictions of fundamental rights enacted in the pandemic. The second development is the use of ballot initiatives to force the parliament to adhere to this procedure. Using the concept of constitutional silences as a tool, I bring these two developments together to explore what are the spaces for unwritten political rules left by the Croatian Constitution and how does the ballot initiative challenge them. I do this to argue that ballot initiatives should not be considered unconstitutional when they do not attempt to override legitimate constitutional silences of parliamentary representation.https://hrcak.srce.hr/file/402761constitutional silencesballot measuresdirect democracyhuman rightsconstitutional theory |
| spellingShingle | Matija Miloš COUNTERACTING THE LEGISLATIVE AUTONOMY WITH BALLOT MEASURES Zbornik Pravnog Fakulteta Sveučilišta u Rijeci constitutional silences ballot measures direct democracy human rights constitutional theory |
| title | COUNTERACTING THE LEGISLATIVE AUTONOMY WITH BALLOT MEASURES |
| title_full | COUNTERACTING THE LEGISLATIVE AUTONOMY WITH BALLOT MEASURES |
| title_fullStr | COUNTERACTING THE LEGISLATIVE AUTONOMY WITH BALLOT MEASURES |
| title_full_unstemmed | COUNTERACTING THE LEGISLATIVE AUTONOMY WITH BALLOT MEASURES |
| title_short | COUNTERACTING THE LEGISLATIVE AUTONOMY WITH BALLOT MEASURES |
| title_sort | counteracting the legislative autonomy with ballot measures |
| topic | constitutional silences ballot measures direct democracy human rights constitutional theory |
| url | https://hrcak.srce.hr/file/402761 |
| work_keys_str_mv | AT matijamilos counteractingthelegislativeautonomywithballotmeasures |