nationwide referendum

  • The Views of the Polish Political Class on the Institution of a Nationwide Referendum

    Author: Zbigniew Witkowski
    Author: Maciej Serowaniec
    Year of publication: 2016
    Source: Show
    Pages: 165-174
    DOI Address: https://doi.org/10.15804/kie.2016.04.12
    PDF: kie/114/kie11412.pdf

    In the light of art. 4 of the Constitution of the Republic of Poland, the nation as a sovereign has the right to steer the state’s policy, express an opinion on governing of the state, as well as co­decide with the state organs in the governing process. The nation is a source of power and may assume the role of an arbitrator in conflict situations between constitutional state organs but also in disputes between the subjects of the political scene, which is reflected in the targeting of the activities of public authorities according to the will expressed via a referendum. Due to the introduction of the principle of nation sovereignty in the Constitution of the Republic of Poland, it seemed that a nationwide referendum was bound to become an important instrument allowing the expression of opinions and formulation of decisions by the sovereign.

  • Critic of Attendance Threshold in a Nationwide Referendum

    Author: Andrzej Bisztyga
    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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