Direct Democratic Institutions Research Articles

Parliament–government–citizens. The place of the institution of direct democracy in the discussion on the shape of San Marino-European Union relations in the context of the referendum of 2013

The subject of the article is the issue of using the institutions of direct democracy in the process of shaping the directions of a very specific element of foreign policy – relations with the European Union, of which San Marino is not a member. While most of the referenda related to the European Union concern the accession of countries to this organization, the vote in 2013 was of a slightly different nature. Therefore, the author attempts to indicate how the use of the instruments of direct democracy by citizens, in a way in opposition to the institution of indirect democracy (parliament and its dependent government), can contribute to the decision-makers making political decisions desired by citizens, even in seemingly rather unusual (apart from the aforementioned accession referenda) for direct democracy, spheres as the directions of foreign policy.

Legitimacy and legitimation of the Russian public authority

The subject. The article is devoted to the legal analysis of the legitimacy of the activities of public authorities and the process of their legitimation in the Russian Federation, as well as other problems of national democracy. The legal understanding of the concept of "people" as the only source of power and the bearer of sovereignty is considered, a distinction is made between these properties.The purpose of the article is to identify its essential features the category of legitimacy, identify problems related to the reflection of the political will of Russian citizens in the organization and activities of state authorities and local self-government. The purpose of the article is to substantiate also the differences in the characteristics of the people as the only source of power and the bearer of sovereignty, which has a significant impact on the processes of legitimation of public authorities in the Russian Federation.The research methodology consists of general scientific methods (analysis, synthesis, dialectics) and legal methods (formal-logical, comparative-legal, historical-legal, forecasting method).The main results and their area of application. The author considers legitimacy not only as the consent of the people with the normative legal acts adopted by public authorities, but also as universal approval and recognition of their organizational activities, expressed by citizens through the institutions of direct democracy. The legitimacy of public authority is an attribute of a constitutional state with a social orientation. The article notes a few features characteristic of the domestic process of legitimizing public authority. The procedure for the formation of the Federation Council of the Federal Assembly, in which Russian citizens do not participate directly, starting from 1995 to the present. The cancellation and return of direct elections of heads of constituent entities of the Russian Federation, the impossibility of electing the heads of municipalities directly by the population (in many cases). A complicated procedure for the implementation of active and passive electoral rights in the Russian Federation, expressed in the establishment of several formal require ments. Constant changes in electoral legislation before election campaigns are among these characteristics.Conclusions. The results of research are summarized and conclusions are drawn about the current state of legitimacy in the Russian Federation. A few measures are proposed to improve the process of legitimizing public authority. The author proposes to distinguish between the legal characteristics of the people as the bearer of sovereignty, understanding by it all Russian citizens and as the only source of power, which is formed by the voters.

Конституционная проблематика общероссийского голосования

Introduction: the compositional transformation of the domestic legal space requires the creation of clear forms for new constitutional and legal phenomena. The comparison of the all-Russian vote with the existing institutions of direct democracy contributes to its isolation into an independent institution of democracy, in this connection, the author sets the goal of a comparative study of the legal nature of the all-Russian vote as a novel of 2020. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are the comparative legal and formal legal methods. Results: the author’s position grounded in the work is based on the legislation, judicial and law enforcement practice, scientific works in the field of institutions of democracy. On the basis of the conducted analysis, the distinctive parameters of the all-Russian voting, its special legal nature are revealed, and the question of the further legal fate of the new type of voting is raised. Conclusions: as a result of the conducted research, the all-Russian voting is separated from the institutions of direct democracy. The criteria of such separation include: the legal nature; the source of the legal regulation; the essence of a ballot question; the initiator; the procedure; the recognition of the vote as valid. Based on the specified criteria, the all-Russian vote is defined as an independent institution of democracy. It is established that its further existence depends on the constitutionally verified legislative support and the scope of the constitutional reform.

Справедливость как критерий баланса публичных и частных интересов

The article deals with the problems of combining public and private interests. It is proved that interests are conditioned by the needs of the individual, and their relationship is shown. It is stated that the satisfaction of social and economic needs and interests is possible only through the use of the constitutional rights and freedoms of the individual in the sphere of democracy, through the institutions of direct and representative democracy, and local self-government. The constitutional bases of public interests are defined. The reasons for the divergence of public and private interests are formulated. The constitutional principle of justice is defined as a criterion for balancing public and private interests.

Public Opinion and Death Penalty Policy Under Direct Democracy Institutions: A Longitudinal Analysis of the American States

Public Opinion and Death Penalty Policy Under Direct Democracy Institutions: A Longitudinal Analysis of the American States

The initiative, referendum, and distribution of income: An empirical analysis of Swiss cantons

This study examines how direct democratic institutions affect income distribution before and after taxes. Based on a panel of Swiss cantons from 1945 to 2014, we test the effects of the constitutional reforms of direct democratic instruments. Our findings show that better voter access to the initiative induces policy shifts that significantly decrease top incomes and benefit the upper middle class. For the popular referendum we do not find such effects. The income effects of direct democracy are not a consequence of shifts in fiscal redistribution, but rather result from policy changes affecting pre-tax incomes.

Direct democracy, coalition size and public spending

AbstractThis article contributes to the literature on direct democracy and public spending in two ways. First, we explore how direct democratic institutions interact with a specific aspect of the representative system, the size of the governing coalition, to influence public spending. Second, based on newly collected data, we examine the relationship between three different direct democratic institutions, coalition size and public spending over the period from 1860 to 2015. Empirically, we find that initiatives increase the size of the public sector under single-party governments, but this positive relationship disappears as coalition size increases. In contrast, we find that financial referendums slow down the growth of public spending, while law referendums are not systematically associated with public spending. Finally, we find that the relationship between direct democratic institutions, coalition size and public spending does not change over time despite the long period under investigation.

POLITICAL PLURALISM: NOTION, CONCEPTUAL AND INTERPRETATIVE FORESHORTENING

In order to reveal the content of political pluralism, the article considers conceptual, conceptual and interpretative approaches to its definition in the context of constitutional relations with the foundations of the constitutional system, constitutional values, freedom of speech and expression. It is revealed that the absence of the term “political pluralism” in the constitutional text of Russia is made up for by its disclosure through the interpretation of the related principles of “ideological diversity”, “political diversity” and “multiparty”. It is this perspective of the study of political pluralism that helps to justify it as the basis of the constitutional system of Russia. It is noted that since freedom of speech and expression are associated primarily with political freedoms, they are most logically associated with political pluralism. It is proved that the latter implies the presence of citizens in society who have their own interests, adhere to different views on the development of the state and society and unite on this basis in groups, as well as finding a compromise between them based on common ideals and values when solving issues of national importance. The analysis of the motivational part of the decisions of the constitutional Court of the Russian Federation served to reveal the content of political pluralism. The authors concluded that the structure of political pluralism consists of political diversity, freedom of speech, freedom of expression, and political compromise. As a generalization, the authors noted that the principle of political pluralism is revealed by this body through guarantees of political diversity and the possibility of finding a compromise of political interests at the level of the Parliament. In addition, it was stressed that the principle of political diversity in a democratic state is ensured through the functioning of such institutions of direct democracy as freedom of speech, free elections, freedom of peaceful public events, the right to Association and freedom of their activities, including political parties. It is concluded that the coordination of political interests should be provided by parliaments of various levels.

ABSENTEEISM IN MUNICIPAL ELECTIONS IN THE RUSSIAN FEDERATION

The article examines the main subjective and objective causes of absenteeism at the local level. The author emphasizes that the local level of public power is the most accessible, understandable and close to the majority of the population. And it is on this basis that the use of institutions of direct democracy allows us to overcome the alienation of citizens from power. Based on the analysis of current trends in the legal regulation of the electoral process, namely, legislation on the formation of local self-government bodies, the author comes to the conclusion that these regulations contradict the goals of local self-government, one of which is to bring the local government closer to the population. The question is raised about the relationship of turnout indicators to legitimacy. The paper examines the specific reasons for citizens ' reluctance to participate in elections and considers possible ways to overcome them. Much attention is paid to the need to introduce innovative voting technologies.

Public Opinion and Death Penalty Policy Under Direct Democracy Institutions: A Longitudinal Analysis of the American States

Capital punishment remains legal in most U.S. states even though only a small number of them regularly impose it. I attribute the persistence of death penalty statutes to the existence of direct democracy institutions in about half the states. Applying a longitudinal research design that leverages annual estimates of state death penalty opinion, I show that these institutions strengthen the connection between public opinion and capital punishment’s legality, indicating that they foster policy responsiveness. By extension, because citizens have generally favored capital punishment, I find that direct democracy states are more likely to have the death penalty. I also demonstrate that direct democracy increases the likelihood that policy will be congruent with majority opinion, especially in states where opinion leans strongly in one direction. The representation-enhancing effect of direct democracy, however, does not extend to the punishment’s application, as measured by states’ issuance of death sentences.

Theoretical aspects of formation and development of amalgamated territorial communities in Ukraine under the conditions of decentralization of state power

Problem setting. Ukraine has set a strategic course for integration into the European Union. This issue is actualized in the context of the implementation of the governmental decentralization reform, aimed at forming an effective local self-government and territorial organization of the government in order to create and maintain a full-fledged living environment for citizens, to provide high-quality and affordable public services, to establish institutions of direct democracy, to coordinate the interests of the state and territorial communities.Analysis of recent research and publications. The works of many leading scientists are devoted to the development of local self-government in Ukraine. In particular, theoretical and organizational and legal aspects of the formation of territorial communities were considered in the scientific papers of O. Batanov, I. Butko, V. Bordeniuk, I. Drobot, V. Kampo, I. Myshchak, V. Pogorilko. The study of foreign experience of local self-government and the problem of adaptation of Ukrainian legislation to the European one were covered in the research papers of M. Baimuratov, I. Hrytsiak, I. Koziura, O. Trush. Problematics of formation of self-sufficient territorial communities and their resource support were considered in the papers of A. Hoshko, Yu. Kuts, V. Mamonova and other scientists. The formation of communities under the conditions of administrative-territorial reform was covered in the research papers of V. Kuybida, M. Pittsyk, M. Pukhtynskyi and many other leading Ukrainian scientists. The analysis of scientific sources proves the relevance and importance of the problem, that is why the subject of the study of theoretical foundations of the formation and development of territorial communities in Ukraine under the conditions of decentralization of the state power requires coverage and attracting the attention of the scientific community.Highlighting previously unsettled parts of the general problem. Based on the analysis of scientific sources to determine the main stages of the formation of legal foundations for the formation and development of amalgamated territorial communities in Ukraine under the conditions of decentralization of state power.Paper main body. Decentralization of state power under the conditions of modern state-building in Ukraine is the basis for the formation of a new system of governing the country – public administration, and its subjects include the state, the territorial community and civil society. European integration vector of Ukraine's development stipulates further implementation of reforms of decentralization of state power on the basis of openness, transparency, and democracy.Conclusions of the research and prospects for further studies. The analysis of scientific sources on the issues of decentralization of state power and the formation of territorial communities proves the relevance and importance of the topic of developing theoretical foundations for the formation and development of amalgamated territorial communities in Ukraine under conditions of decentralization of state power.Studying the works of scientists proves the existence of different points of view on the essence of the concept of territorial community, but despite the diversity of interpretations of the concept of community by scientists, there are common views on the presence of residents who reside on a certain territory and are united by common values and interests.There are five main stages of establishing of the legal basis for the formation and development of territorial communities in Ukraine under the conditions of decentralization of state power: the first stage (1990 – 1996) – overcoming the Soviet legacy of governing and instituting democratic decentralization; the second stage (1996 – 1999) – creation of a legal basis for decentralization of power; the third stage (1999 – 2014) – formation of preconditions for resource (including financial) provision of capacity of territorial communities; the fourth stage (from 2014 – 2019) – formation of prerequisites for the formation of amalgamated territorial communities and unions of territorial communities; the fifth stage (from 2019 to the present) is the continuation of the policy of creation of amalgamated territorial communities, formation of legal bases for transferring resources, powers and responsibility for their implementation.

Институт местного референдума в странах Восточной Европы: организация и правовое регулирование

This article examines the characteristic features of the institution of the local referendum in Eastern Europe. The author believes that it is very important for states, which have relatively recently embarked upon the path of democratic development, after decades of communist domination, that the traditional representative institutions are supplemented by the structures of direct democracy, which can facilitate the more effective involvement of the population in the social and political life of the state, and introduce them to modern democratic values. It’s pointed out in the article that attitudes towards the institution of the local referendum in the countries of Eastern Europe are ambiguous, and its introduction has run into a number of obstacles. This might be explained by institutional reasons, by citizens having limited interest in municipal affairs, and the absence of the tradition of citizens directly participating in the resolving of issues of governance. The institution of direct democracy has often only been introduced slowly, which is often due to resistance from the main political parties and the current political elites, who see the activation of direct democracy as a threat to their position. Nevertheless, the author stresses the important practical role of the institution of the local referendum, its ability to serve the interests of both the state as well as the citizens. Through to the institution of the referendum citizens have acquired an additional channel of participation in the political decision-making process, and this facilitates the realization of the principle of political equality and the formation of more open political power structures. The institution of the local referendum is after all an important instrument of political control on the part of the civil society that is necessary for the further development of democratic statehood in the countries of Eastern Europe.

Initiatives without Engagement: A Realistic Appraisal of Direct Democracy’s Secondary Effects

Do ballot initiatives create better citizens? Proponents of direct democracy institutions have long argued that they not only create a more democratically responsive government and public policy but also promote civic engagement in society. Giving citizens a direct role in the legislative process should enhance individuals’ political and policy knowledge, trust in government, political efficacy, and, importantly, participation in elections. Initial empirical evaluations, exemplified by Daniel A. Smith and Caroline Tolbert’s 2004 book Educated by Initiative, tended to support these claims, showing that states with ballot initiatives had higher turnout levels in midterm elections as well as higher levels of political efficacy, trust, and political knowledge. Yet more recent empirical evaluations, including multiple articles by Joshua J. Dyck and Edward L. Lascher Jr., cast doubt on nearly all of these “secondary effects,” with the exception of an increase in voter turnout. The goal of the authors in Initiatives without Engagement is to more comprehensively assess the effects of direct democracy institutions on citizens in the United States and provide a theoretical framework to explain how initiatives may boost participation without enhancing civic engagement.

FEATURES OF DIRECT DEMOCRACY IN SWITZERLAND

The subject. The article is about the peculiarities of referendum and popular initiative which are the main forms and institutions of direct democracy in Switzerland.
 The purpose of the article is to determine the peculiarities of direct democracy in Switzer-land and characterize its main forms: referendum and popular initiative. In order to achieve the objective the following tasks can be defined: 1) to find the origins and identify the variations of forms of direct democracy in Switzerland; 2) to trace the evolution of en-shrining on the statutory level of such institutions of direct democracy in Switzerland as referendum and legislative initiative from the time of their conceiving till the enactment of the actual Constitution; 3) where relevant, to perform a brief comparative analysis of the forms of direct democracy in Switzerland and similar institutions shaped in other countries; 4) to define the role and meaning of referendum and legislative initiative in history as well as in the modern stage of the development of the Swiss State. 
 The methodology of the study includes the use of general scientific methods (description, deduction, induction, analysis and synthesis) together with formal juridical and compara-tive juridical approach. In addition, throughout the article and, in particular, while working with sources of law, historical approach and systematic approach were practiced.
 The main results and scope of their application. The article presents the analysis of such forms of direct democracy in Switzerland as referendum and popular initiative, character-izing each form. The principle of democracy expressed by the practice of referendum and legislative initiative is present in its entirety. No country in the world has come as close to applying direct democracy to national political issues as Switzerland. Since the mid-nineteenth century, when the country's first Federal Constitution was adopted, Switzer-land has managed to hold more referendums than all other countries combined in the same time frame.
 Conclusions. Referendum enables Swiss citizens to dismiss the measures taken by their representatives and the initiative gives the citizens possibility to put laws into practice in-dependently from the legislative powers. Swiss experience vividly demonstrates that used sensibly and taking into consideration national legislative traditions such forms of consult-ing with the people can be quite promising and efficient for other European countries.

Direct democracy, partial decentralization and voter information: evidence from Swiss municipalities

In this paper, I investigate whether changes in the availability of direct democratic institutions in local jurisdictions affect the decentralization of expenditures. Using a difference-in-differences estimation on a panel of 406 Swiss municipalities, I find a statistically significant reduction in decentralization when local jurisdictions introduce mandatory fiscal referenda. To rationalize this result, I propose a model of partial decentralization in which policies are mainly influenced by politicians’ electoral incentives. As direct democracy has positive effects on citizens’ awareness of governments’ behavior, in equilibrium, expenditures will be higher at the level of government at which citizens have the least control over government actions.

The Gmina referendum in the local political conflict. The case of Wałbrzych

The Gmina referendum is one of the main institutions of direct democracy in Poland. Its procedure laid down in the act of 15th September 2000. The referendum is an expression of inhabitants’ commitment and their concern about the functioning of a local community, as well as serving its basic needs and interests. The analysis of the political conflict in Wałbrzych during 2010-2011 shows, however, that the voting may play a different role. The main aim of the article is to present the correlation between the gmina referendum from 2011 and the conflict in question. The intention of the author is to establish whether the referendum exerted a real impact on the course and the results of the conflict in Wałbrzych, and if so, to what extent. The time frame of the article lies between, on the one hand, the local government elections of 2010 preceded by the election campaign, and, on the other hand, the repeated elections for the President of Town and for the Town Council of 2011.

Статутне право Італії: історико-правові традиції та сучасний стан

The purpose of the article is to study the features of the statutory law of Italy in historical retrospect and in modern reality. In order to achieve it, the following tasks must be solved: 1) to study the process of formation of the statutory law of Italy; 2) highlight the specific features of the Italian legal system; 3) disclosure of the function of the institutions of direct democracy, reflected in the statutes; 4) to find out the nature of statutory autonomy; 5) to explore the varieties of statutory sources in Italy; 6) to determine the legal significance of the statutes of Italy during their evolutionary development. The methodological basis of the study is related to the use of a number of methods, techniques and approaches in the study of the statutory law of Italy. In particular, we are talking about historical and comparative law, formal law and semiotic methods, dialectical, anthropological and epistemological methods, as well as structural-functional and systemic approaches. Scientific novelty. Statutes as sources of Italian law are legal acts, the legal force and procedure for their adoption depends on the territory of their distribution (autonomy, region, province, commune), the sphere of their regulation includes the principles of organization of the territorial subject, its legislative and administrative powers, forms of interaction with the state. These sources are the legal basis of Italian regionalism, the «regional» state. Conclusions. The statutes are a feature of the Italian legal system, which is part of the Romano-Germanic legal family, a historical and legal tradition that originates in the first statutes of free cities and developed into the Statute of Albertino – the first Constitution of Italy. These are tools to confirm autonomy (for regions with a special statute), independence on a certain range of issues (for ordinary regions) and regional identity. Modern statutory sources in Italy are divided into several types and differ in legal force, procedure for adoption and revision, as well as the scope of regulation. The special statutes of the 5 autonomies of Italy are sources of constitutional law and have a complicated procedure of adoption and revision, the other 15 Italian regions are based on ordinary statutes (statutes of common law). The constitutional reform of 2001 gave constitutional recognition to the statutes of municipalities, communes and provinces (local acts, second-tier sources). Their experience of adoption and implementation, «statutory autonomy» and other features are of particular importance for the Italian legal system, as well as worthy of attention in terms of improving the legal framework of local self-government in Ukraine and other countries. Keywords: sources of Italian law; statute; statutory autonomy; special statute; Italian regionalism; lawmaking; Romano-Germanic legal family.

СОВРЕМЕННОЕ СОСТОЯНИЕ ИНСТИТУТОВ ПРЯМОЙ ДЕМОКРАТИИ В РОССИИ: ПОНЯТИЕ, КЛАССИФИКАЦИЯ И ПЕРСПЕКТИВЫ РАЗВИТИЯ

СОВРЕМЕННОЕ СОСТОЯНИЕ ИНСТИТУТОВ ПРЯМОЙ ДЕМОКРАТИИ В РОССИИ: ПОНЯТИЕ, КЛАССИФИКАЦИЯ И ПЕРСПЕКТИВЫ РАЗВИТИЯ

Making Public Infrastructure Work: Multi-seat Majoritarian Elections as a new Institutional Approach

The wealth of nations depends on the quality of their infrastructure. Often, however, infrastructure suffers from ineffective investments and poor maintenance. Proposed solutions, such as New Public Management or Public-Private Partnerships (PPPs) tend to develop into Politicians-Private Partnerships as politicians collude with private firms to exploit present and future tax-payers. Therefore, it is necessary to give citizens better control over collective decision making. While there is a significant economic literature on empowering citizens via decentralization and direct democratic institutions, the role of electoral rules has thus far been rather neglected. An interesting case in point is Switzerland, which is well known for its high-quality infrastructure, extensive decentralization, and direct democracy. However, this paper argues that there is an additional and previously neglected institution that moves Swiss politicians away from client politics towards better serving public interest: Switzerland’s unique electoral institutions which effectively combine proportional elections with multi-seat majority elections. We explain how these institutions work, how they enhance the relationships between citizens and public and private entities, and we argue that they could be implemented in other countries.

The referendum as an institution in the Black Sea Region: Does it signal the rise or collapse of democracy?

Views on the institution of direct democracy have changed during the period of democratic transition. The various advantages and positive effects of direct democracy have been confirmed by the practice of some democratic countries. Its educational and political activation value for society was also noted, without which civil society cannot form. The referendum is especially treated as the purest form of correlation between the views of society and the decisions of its representatives. In a situation where two representative bodies are present – the parliament and the president – a referendum is considered a means of resolving disputes between them in important state affairs. The referendum is nowadays becoming more than just a binding or consultative opinion on a legislative act, especially a constitution. First and foremost, it is important to see the extension of the type and scope of issues that are subject to direct voting. Apart from the traditional, i.e., constitutional changes, polarising issues that raise considerable emotion have become the subject of referenda. Problems of this type include, in particular, moral issues, membership in international organisations, and so-called ‘New Policy’. This article presents the role and importance of the referendum as an institution shaping the democratic systems of the Black Sea Region.