Sovereignty Referendums in International and Constitutional by İlker Gökhan Şen

By İlker Gökhan Şen

This publication specializes in sovereignty referendums, which were used all through varied ancient classes of democratization, decolonization, devolution, secession and nation construction. Referendums on questions of sovereignty and self-determination were an important part of the overseas political and criminal panorama because the French Revolution, and feature been a important aspect within the answer of territorial concerns from the referendum in Avignon in 1791 till this day. more moderen examples contain Quebec, East Timor, New Caledonia, Puerto Rico and South Sudan. the worldwide target of this e-book is to accomplish a greater empirical and criminal knowing of sovereignty referendums and similar difficulties in foreign and nationwide legislation and politics. hence, it offers readers a entire research of sovereignty referendums from the views of either overseas and constitutional law.

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Sovereignty Referendums in International and Constitutional Law

This e-book makes a speciality of sovereignty referendums, which were used all through assorted ancient classes of democratization, decolonization, devolution, secession and country production. Referendums on questions of sovereignty and self-determination were an important section of the foreign political and criminal panorama because the French Revolution, and feature been a relevant aspect within the solution of territorial matters from the referendum in Avignon in 1791 until eventually at the present time.

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29 The principle of self-determination is the third notion that constitutes the moral underpinning of sovereignty referendums. The emergence of the doctrine as a political principle may be dated back to the French Revolution and the American Declaration of Independence. 52 As mentioned above, France, after the Revolution, resorted to this principle in the guiding of its international relations, and post-revolutionary referendums were held based on this principle. 53 With respect to nationalism, the doctrine of selfdetermination locates state sovereignty within the ideology of nationalism, where notions of “nation” and “people” interact together in the nation-building process.

The referendum in Sweden on European Community membership (1994) served for just this purpose. In other cases, referendums may be promised by political parties to alleviate distrust or fear among the electorate. For example, during the electoral campaign in 1976, the Parti-Quebecois declared that it would submit the issue of Quebec’s secession to a referendum if it came to power. This was done in order to appeal to the part of the electorate who did not support the secession of Quebec. There is also a legislative aim in the use of referendums: the government calls a referendum on a piece of legislation, which might not be adopted or would meet 16 17 Bogdanor (1994), p.

During peace talks, negotiators must seek public endorsements at certain points, sometimes on more than one occasion. This stems from the plain fact that the legitimacy of the new post-conflict government is the key factor in determining whether the post-transitional political regime will succeed or fail. 28 Considering, for example, the problem of Northern Ireland, the referendum at the end of the process of the Good Friday Agreement of 1998 fulfilled such a function. The simultaneous referendums held in Northern Ireland and the Republic of Ireland aimed, for the most part, to alleviate the fears of the Protestants as to the effects of the new agreement.

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