Chapter

External Influences on Constitutional Referendums

Stephen Tierney

in Constitutional Referendums

Published in print April 2012 | ISBN: 9780199592791
Published online September 2012 | e-ISBN: 9780191741067 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199592791.003.0006

Series: Oxford Constitutional Theory

External Influences on Constitutional Referendums

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Having looked at how referendums can raise complex problems concerning how sovereignty is allocated within the polity, this chapter addresses the broader issue of how they can also manifest the present destabilization in the concept and practice of state sovereignty itself, a situation which stems from the evermore complex and involved sets of relations between the state and external actors and institutions. In other words, this book is now moving from how disputes over internal constitutional sovereignty can play out in the context of the referendum to examine how in a globalizing normative environment referendums can pose troubling questions for the external sovereignty of the state. Two types of referendum are considered, where international law, international institutions, and powerful states can play a part in a referendum process. The first concerns the transfer of power to supranational institutions. The second is referendums concerning new statehood, where in recent years external actors, both other states and international organizations, have exerted an influence on referendum processes.

Keywords: destabilization; state sovereignty; external sovereignty; international law; transfer of power; supranational institutions; new statehood

Chapter.  15357 words. 

Subjects: Constitutional and Administrative Law

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