Andrea Pertici

The Abrogative Referendum and Its Procedures in Italian Constitutional Law, between Safeguards and Obstacles. An Assessment.

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Abstract

The Italian Constitution provides for the possibility to resort to abrogative referenda, but the measure was only implemented in 1970 through Law n. 352/1970. The law establishes many restrictions in the different phases of the referendum procedure. The present article verifies which restrictions are strictly necessary in light of the constitutional provisions and which ones could instead be overcome. The article also offers some proposals to revitalize the abrogative referendum and the institution of the referendum more generally as a complementary instrument to enhance democratic participation.

Keywords

  • Democracy
  • Representation
  • Referendum
  • Abrogative Referendum
  • Referendum Implementation

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