A Comparative Study of Good Referendum Criteria With an Emphasis on A Comprehensive Referendum Law

Referendum has always drawn attention as a direct tool for exercizing the right to self-determination and citizen participation. The most important question is what are the features and standards of a "good referendum" - as a fully-fledged indication of the citizens' will? As well, wh...

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Main Authors: AHMAD HABIBNEZHAD, samira khoeni
Format: Article
Language:fas
Published: University of Qom 2021-12-01
Series:پژوهش تطبیقی حقوق اسلام و غرب
Subjects:
Online Access:https://csiw.qom.ac.ir/article_1565_c302b6df0a4d9a09b46b9a3d41f393e2.pdf
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author AHMAD HABIBNEZHAD
samira khoeni
author_facet AHMAD HABIBNEZHAD
samira khoeni
author_sort AHMAD HABIBNEZHAD
collection DOAJ
description Referendum has always drawn attention as a direct tool for exercizing the right to self-determination and citizen participation. The most important question is what are the features and standards of a "good referendum" - as a fully-fledged indication of the citizens' will? As well, what principles and rules should a referendum have to be the real representation of the will of the citizens and in what context it should take place? In this article, through employing a descriptive-analytic method, while acknowledging the lack of a clear and comprehensive legal system for the referendum in Iran and taking into account of experiences of different countries, the principles and criteria of a good referendum, and the processes and stages of this democratic phenomenon are examined. Emphasizing the need to strenrthening the guiding role of the legal system for the referendum and taking it away from the realm of political games, it is finally proposed to formulate a comprehensive law on the referendum in order for determining all the elements and components related to a good referendum so that all actors in the field of the referendum act within an appropriate legal framework.
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spelling doaj.art-ac613468ad4a4d1e9f54895f888a6cf02024-03-31T19:11:33ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212021-12-018411714810.22091/csiw.2020.5015.16971565A Comparative Study of Good Referendum Criteria With an Emphasis on A Comprehensive Referendum LawAHMAD HABIBNEZHAD0samira khoeni1Associate Professor, Department of Public Law, Faculty of Law, University of Tehran, Farabi College.Ph. D. Student in Public Law, Faculty of Law, University of Tehran, Farabi College.Referendum has always drawn attention as a direct tool for exercizing the right to self-determination and citizen participation. The most important question is what are the features and standards of a "good referendum" - as a fully-fledged indication of the citizens' will? As well, what principles and rules should a referendum have to be the real representation of the will of the citizens and in what context it should take place? In this article, through employing a descriptive-analytic method, while acknowledging the lack of a clear and comprehensive legal system for the referendum in Iran and taking into account of experiences of different countries, the principles and criteria of a good referendum, and the processes and stages of this democratic phenomenon are examined. Emphasizing the need to strenrthening the guiding role of the legal system for the referendum and taking it away from the realm of political games, it is finally proposed to formulate a comprehensive law on the referendum in order for determining all the elements and components related to a good referendum so that all actors in the field of the referendum act within an appropriate legal framework.https://csiw.qom.ac.ir/article_1565_c302b6df0a4d9a09b46b9a3d41f393e2.pdfreferendumdemocracyconstitutiongood referendum principlessovereignty of the peoplelaw of iran
spellingShingle AHMAD HABIBNEZHAD
samira khoeni
A Comparative Study of Good Referendum Criteria With an Emphasis on A Comprehensive Referendum Law
پژوهش تطبیقی حقوق اسلام و غرب
referendum
democracy
constitution
good referendum principles
sovereignty of the people
law of iran
title A Comparative Study of Good Referendum Criteria With an Emphasis on A Comprehensive Referendum Law
title_full A Comparative Study of Good Referendum Criteria With an Emphasis on A Comprehensive Referendum Law
title_fullStr A Comparative Study of Good Referendum Criteria With an Emphasis on A Comprehensive Referendum Law
title_full_unstemmed A Comparative Study of Good Referendum Criteria With an Emphasis on A Comprehensive Referendum Law
title_short A Comparative Study of Good Referendum Criteria With an Emphasis on A Comprehensive Referendum Law
title_sort comparative study of good referendum criteria with an emphasis on a comprehensive referendum law
topic referendum
democracy
constitution
good referendum principles
sovereignty of the people
law of iran
url https://csiw.qom.ac.ir/article_1565_c302b6df0a4d9a09b46b9a3d41f393e2.pdf
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