Legal Treatment of Referendum within Constitutional Arrangement of the Czech Republic

No.2(2003)

Abstract
As a starting point, the author represents a statement that argues history and contemporary condition of the constitutional arrangement of the referendum are marked by an obvious scepticism towards this legal institution. Referendum is legally embadded at the local level only (so-called local referendum); at the national level the constitution admits referendum just in case of the Czech Republic's accession to the European Union. This referendum can be characterised as obligatory, mandatory, parliamentary and of ad hoc nature. In the Czech Republic, such a referendum appears to display several problems: non-existence of minimal treshold for voters' participation; some issues related to iteration of referendum in case of its negative result at the first voting, and to posibility to repeat the referendum in the same matter only after two years; and finally strongly insufficient and in practice unclear judicial control of the referendum.

Keywords:
referendum; minimal treshold for voters'; participation; possibility to repeat the referendum; judicial control of the referendum.
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