Full Title (English)
Academicus International Scientific Journal
Publisher
Academicus International Scientific Journal
ISSN
20793715 (Printed Journal)
23091088 (Online Journal)
Journal Volume Number
9
Journal Issue Date (YYYY/MM)
2014/01
Full Title (English)
The culture of referendum in Albania: Technical and theoritecal reflections on the abrogative referendum
By (author)
Affiliation
Department of Law, New York University, Tirana, Albania, Doctoral Candidate
Number of Pages
14
First Page
29
Last Page
42
Language of text
English
Publication Date
2014/01
Copyright
2014 Academicus
Main description
The aim of this paper is to analyse the Albanian constitutional and legal framework on referenda, in general, focusing special attention to the abrogative referenda of a law or part thereof. Given the absence of any concrete case of an abrogative referenda held in Albania, which does not creates very much room for discussion in that regard, the paper, through a comparative approach on the referenda culture in other european states, aims at offering to the reader a more complete view on the mechanisms and guarantees enjoyed by voters and the effective way of their use, in order to give life to the direct democracy, but without replacing the representative one. In addition, part of the analyses will be the powers of the Constitutional Court for the ex ante constitutional review of the issue subject to a referendum, the review of constitutionality of the referndum and of its results. In this context, the paper will focus on the constitutional case-law as a tool for increasing the referenda culture and shaping the constitional order, as well as a source of standards and values. Another objective of the paper is to open a discussion on the need for the reception of referenda-related standards elaborated in those European countries, where the culture of helding a referenda and the case-law on the regard is enriched and may serve as a qualitative basis for further reference.
Unstructured Citation
Constitution of the Republic of Albania.
Unstructured Citation
Law no.10019, dated 29.12.2008 “The Electoral Code of the Republic of Albania”, as amended.
Unstructured Citation
Decisions of the Constitutional Court of Albania (www.gjk.gov.al).
Unstructured Citation
Venice Commission, Code of Good Practices in Referendums, CDLAD(2007)008rev, 21 January 2009, http://www.venice.coe.int/webforms/ documents/CDL-AD%282007%29008rev.aspx
Unstructured Citation
Europan Commission for Democracy Through Law (Venice Commission, CoE) and the Office for Democratic Institutions and Human Rights (ODIHR) of the OSCE “Joint Reccomendations on the Electoral Law and the Electoral Adminstration in Albania” of the on the basis of comments by Mr Jessie Pilgrim (OSCE/ODIHR, expert, USA) Mr Adriaan Stoop (OSCE/ODIHR, expert, the Netherlands) http:// www.venice.coe.int/webforms/documents/CDL-EL%282004%29002rev-e.aspx
Unstructured Citation
Commentario ala Constituzione Italiana, 2006.
Unstructured Citation
Michel Rosenfeld & Andras Sajo, The Oxford Book of Comparative Constitutional Law, 2012.
https://doi.org/10.1093/law/9780199578610.001.0001
Unstructured Citation
Gustavo Zagrebelsky, 1956-2006 Ciunquant’anni di Corte Constituzionale, Corte in - politica, Vol. III, 2006.