Ethnic Governance and Direct Democracy: Perils and Potential

Abstract

The paper attempts to reflect on some aspects of the interplay between direct democracy, representative democracy and minority rights. It particularly focuses on direct democracy in different sub-national legal and political frameworks. It applies a comparative approach in assessing direct-democratic instruments as a mechanism for institutional change and as a governance tool for participatory political decision-making. This given the fact that both direct and representative democracy are constituent parts of the democratic principle. The relationship between direct democracy and representative democracy is thus to be considered as complementary. After a brief theoretical note, the paper introduces the case study of South Tyrol. Against the background of the failed referenda in South Tyrol in 2009, the paper analyses some precedents of differing natures, all of which present some hints that help to highlight the delicate relationship between direct democracy, representative democracy and minority rights, ranging from considerations on multinational federations (Switzerland and Belgium) to general considerations on the nature of direct democracy in classical federations (Austria, Germany). The paper does not intend to favor or disfavor direct democracy, but wants to raise some questions. The paper overall argues that direct democracy and the protection of minority groups are not a priori incompatible, provided that politics is conducive to its use and that certain technical precautions (e.g. legal guarantees) are put into place.