attendance threshold

  • Critic of Attendance Threshold in a Nationwide Referendum

    Author: Andrzej Bisztyga
    E-mail: a.bisztyga@wpa.uz.zgora.pl
    Institution: University of Zielona Góra
    ORCID: https://orcid.org/0000-0002-6579-9656
    Year of publication: 2020
    Source: Show
    Pages: 45-53
    DOI Address: https://doi.org/10.15804/ppk.2020.06.03
    PDF: ppk/58/ppk5803.pdf

    On the basis of the Constitution of the Republic of Poland, the binding effect of the result of the vote in a nationwide referendum depends on attainment the attendance threshold. This threshold was determined as participation in a referendum of more than half of persons entitled to vote. The systemic argumentation in favor of establishing this threshold proves to be weak and unconvincing. The constitutional regulation is characterised in this scope by inconsistency in the form of not covering the constitutional referendum by the requirement of the attendance threshold. Furthermore, the desire to ensure the legal effectiveness of the outcome of the vote in the referendum results in extending time of the vote in the referendum. The conclusion includes the proposal to introduce an amendment to the Constitution consisting in resigning from the threshold in question.

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