Constitutional Democracy in Slovenia Between the Scylla and Charybdis of the Legislative Referendum

Abstract

The article presents the Slovenian experience concerning the regulation and practice of the legislative referendum which has followed a path leading from an extremely liberal to a considerably restrictive model. The new regulation explicitly narrowed the scope of the referendum by excluding four sets of legislation on which a referendum may not be called. A rejection quorum was established, vitally affecting the chances of successful adoption of the referendum decision. The author explains and confronts both regulations. On this basis he briefly shows the benefits and dangers of each model. He concludes that from the premise of constitutional democracy the crucial question is not whether to limit the referendum as one of the main instruments of direct democracy, but how and to what extent. One should strive to achieve a sensitive balance. Direct democracy should undoubtedly be limited, but as narrowly as possible.