Serial Article
| DOI |
10.7336/academicus.2014.09.02 |
| URL |
https://academicus.edu.al/?subpage=volumes&nr=9 |
| Multiple Resolution: |
| MR URL |
https://academicus.edu.al |
| MR URL |
https://academicus.edu.al/nr9/Academicus-MMXIV-9-029-042.html |
| MR URL |
https://academicus.edu.al/nr9/Academicus-MMXIV-9-029-042.pdf |
| MR URL |
mailto:info@academicus.edu.al |
| MR URL |
https://academicus.edu.al/images/front_end/academicus.jpg |
| MR URL |
https://creativecommons.org/licenses/by-nc-nd/4.0/ |
| Acess Indicators: |
|
OA – Open Access |
| OA License |
https://creativecommons.org/licenses/by-nc-nd/4.0/ |
Full Title
English
(eng)
|
Academicus International Scientific Journal |
| Publisher (01) |
Academicus International Scientific Journal |
| Country of publication |
Albania
(AL)
|
|
ISSN
|
20793715 |
| Product Form |
Printed Journal
(JB)
|
|
ISSN
|
23091088 |
| Product Form |
Online Journal
(JD)
|
| Journal Volume Number |
9 |
| Journal Issue Date (YYYY/MM) |
2014 / 01 |
Title
English
(eng)
|
The culture of referendum in Albania: Technical and theoritecal reflections on the abrogative referendum |
|
By (author)
(A01)
|
Valbona Pajo Bala |
| 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
(eng)
|
| Publication Date (YYYY/MM) |
2014 / 01 |
| Copyright |
2014, Academicus |
Abstract
Main description
(01)
|
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.
|
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