The referendum - between freedom and constitutionality

Abstract

The study aims to analyze the legal status of the referendum in general and, in particular, of the one organized by the President under Art. 90 of the Constitution and by the local public administration authorities, according to the principle of consulting the population in solving particular problems of local interest. The central issue, which goes as a “red thread”, our approach, reffers to the issues that can be the subject of the two types of referendum and how “free” are the subjects of law that initiate them in determining the sphere of issues that are the subject of this sphere. The conclusion we have reached is that such freedom is not unlimited, that it stops where the Constitution says, and the fundamental principles it enshrines, being unable to be the subject of a referendum, national or local, issues forbidden by the Basic Law.