The referendum is one of the most studied and practiced institutions of semi-direct democracy around the world, in several latitudes and historical times, in different systems and political regimes... Show moreThe referendum is one of the most studied and practiced institutions of semi-direct democracy around the world, in several latitudes and historical times, in different systems and political regimes, at international, national, regional or local levels, with different legal frameworks and with various political consequences. However, Portugal, whose constitutional experience begins in 1820 with the liberal revolution, had its first democratic referendum only in 1998. This study try to conceptually characterize the referendum, in order to establish its fundamental typologies regarding the most relevant experiences in this field and to situate the case for and against the referendum as an expression of semi-direct democracy in the political and philosophical debate of different historical moments. In the next chapters, entirely dedicated to the Portuguese case, we shall present the historical evolution of the nation al and local referendum in the constitutional and political life in Portugal since 1820. An added emphasis will be given to the referendum experience of the Portuguese democracy born in 1974, particular attention being payed to the political debate about the formal introduction of the referendum in the 1976 Constitution and to the concrete experience of referendums proposed and held since then. Show less
Diverse assessments of the EU's role in global governance suggest a great need for dependable and justifiable benchmarks. This chapter argues that constitutional foreign policy objectives are an... Show moreDiverse assessments of the EU's role in global governance suggest a great need for dependable and justifiable benchmarks. This chapter argues that constitutional foreign policy objectives are an important source for such benchmarks — for conceptual, empirical, and normative reasons. Conceptually speaking, global governance is an inherently rule-oriented as well as goal-oriented concept. Empirically, such substantive global governance goals can be found today in many constitutions, including those of the rising powers of the emerging multipolar world. EU primary law post-Lisbon is part of this trend, but also goes further. Next to an extensive collection of substantive objectives, it also puts a distinctive emphasis on law as an essential ingredient of its foreign policy and consequently of its vision for global governance. From a normative point of view, the peculiar features pertaining to constitutional law as a source for global governance guidance, as opposed to policy documents or other law, appear at first sight as problematic. In particular for the EU, facing the challenge of ‘relative decline’ in a multi-polar world, entrenching such an ambitious agenda in its highest laws may appear as audacious wishful thinking. On closer inspection, however, these particular features reveal the true value of the constitutional codification of a global governance agenda. Show less
