Constitutional Judicial Review of Legislative Referendum from the Perspective of Some Fundamental Legal Principles
Pravnik, Ljubljana 2017, Vol. 72 (134), Nos. 9-10
New constitutional arrangement in Slovenia is strengthening the role and importance of voters and their right to demand a referendum. The new regime is also more suitable for the National Assembly since there are less possibilities that a law, that was adopted, is rejected.
New constitutional arrangement in Slovenia is strengthening the role and importance of voters and their right to demand a referendum. The new regime is also more suitable for the National Assembly since there are less possibilities that a law, that was adopted, is rejected. Despite justified expectation that the new substantive regime on legislative referendum is more suitable than the preceding one, holding a legislative referendum requires a detailed and thought out arrangement of procedural issues on legislative referendum. It must be based on fundamental principles of constitutional judicial review of legislative referendum. Judicial review procedures of legislative referendum must take into account the principle of separation of powers, constitutional democracy, and the protection of human rights and fundamental freedoms. The procedures must be effective, efficient and fair.