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Referendum-related matters (study in comparative law)


Author: Iulian Muntean
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2009
Scientific adviser: Gheorghe Costachi
doctor habilitat, professor, Institute of History of the ASM
Institution:
Scientific council:

Status

The thesis was presented on the 23 March, 2009
Approved by NCAA on the 23 April, 2009

Abstract

Adobe PDF document – 0.41 Mb / in romanian

Thesis

CZU 342.573(478)043.3

Adobe PDF document 0.86 Mb / in romanian
153 pages

Keywords

Referendum, Plebiscite, Survey, Abrogative referendum, Referendum initiation, Referendum validation, Electoral campaign, Scrutiny, Elections, Voting, Electorate, Direct democracy, Agitation, Popular initiative

Summary

The thesis is designed to examine a wide range of theoretical, methodological and applicative matters related to referendum.

The author of this work tries to clarify and broaden the notions of referendum, plebiscite, survey, scrutiny, elections, etc. Meanwhile, the work emphasizes on the existence in the literature of the field of different approaches referred to the correlation between referendum and plebiscite, specifying that, though, there are many similarities between referendum and plebiscite, these two notions cannot be recognized as strictly identical. The author systematized and analyzed through a comparative study both referendum classification criteria and referendum types. The thesis aimed also at conducting a comparative analysis of limitations imposed by legislation in solving referendum-related problems from the perspective of various states.

The scientific paper undergoes thorough comparative study legal regulation issues of referendum initiation and its development from the perspective of various states’ legislation in order to identify drawbacks related to the stage of referendum preparation and declaration existing in the legislation of the Republic of Moldova and CIS. The work specifies the need of controlling circumscription delimitations, sectors and citizens lists with the view of not infringing the legislation related to expressing of citizens’ willingness.

The thesis also focuses on matters related to referendum conducted in a secessionist region, that of the eastern part of the Republic of Moldova, and aims at identifying some possible steps to take to ensure referendum conducting on any topic, meeting the stipulations of Chapter 14 of the Electoral Code of the Republic of Moldova.

In order to appraise the referendum in the legislation of the Republic of Moldova it has been undergone an analysis of strong and weak points.

This study resulted in the development and foundation of recommendations aimed at improving the electoral legislation regulations concerning the institution of referendum in the Republic of Moldova.