Popular Sovereignty and Constitutional Referendum
Can “The People” be Limited by Human Rights
Bibliographic Data
| ID | 21971150 |
|---|---|
| Authors | Ignatius Yordan Nugraha (0000-0002-0807-5141, Hasselt University, corresponding author) |
| Year | 2022 |
| Volume | 23 |
| Issue | 1 |
| Pages | 19-43 |
| Publication date | 2022-02-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | German Law Journal (JOURNAL) |
| Journal identifiers | ISSN: 2071-8322 • E-ISSN: 2071-8322 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/glj.2022.2 |
| OpenAlex | W4210303094 |
| Language | EN |
| Citations received | 1 |
| References cited | 1 |
The rise of referendums has led to the concern that they could lead to liberticide and discriminatory results. This article intends to determine whether the concept of popular sovereignty would immunize constitutional provisions that are passed through a constitutional referendum from any human rights limitation. In answering the question, I formulate a theoretical framework called “constituent-constituted duality,” while also distinguishing “the constituent people,” which is mythical, and “the constituted people,” which is empiric. In the end, this article argues that the only possible form of limitation from the perspective of popular sovereignty is an ex ante limitation. Meanwhile, an ex post facto limitation remains unacceptable from the angle of popular sovereignty, which implies that a judicial review of popularly-enacted constitutional amendments is conceptually illegitimate
De facto · Economics · Ex-ante · Human rights · Law and economics · Parliamentary sovereignty · Political science · Politics · Popular sovereignty · Referendum · Sociology · Sovereignty · Computer Science · Judicial and Constitutional Studies · Law · Law in Society and Culture · Political Theology and Sovereignty
| Citations per year | 0.25 |
|---|---|
| Citation span | 2022 - 2022 (1) |
| Highly cited | No |