Constitutional Limits of Legislative Referendum: The Case of Slovenia
A relatively broad accessibility of the referendum as well as its inadequate normative regulation enabled is use (and abuse) for pursuing narrow political, including party interests, and the interests of well-organized civic groups. The Constitutional Court has had to decide whether to prevent a referendum due to the unconstitutionality of the referendum question or because its results would lead to unconstitutional consequences. Four decisions of the Constitutional Court in particular have left an important mark: by referring to the principle of constitutional democracy, whereby the Constitutional Court provides protection of fundamental rights and liberties, even against majoritarian beliefs, the Court prevented referendums on the deprivation of the citizenship; on the redress of injustice inflicted upon the "Erased persons"; on the construction of a mosque and on raising judges' salaries. The new constitutional regulation contains three fundamental sets of changes, namely changes in the field of the referendum initiative; the limits of the possible referendum subject-matter; and changes pertaining to the legitimacy of the referendum decision.
It is a condition that the authors assign copyright or license the publication rights in their articles, including abstracts, to Institute for Local Self-Government Maribor. This enables us to ensure full copyright protection and to disseminate the article, and of course Journal, to the widest possible readership in print and electronic formats as appropriate. Authors retain many rights under the Institutes' right policies, which can be found at journal.lex-localis.press. Authors are themselves responsible for obtaining permission to reproduce copyright material from other sources.