On 31 January 2020 the United Kingdom (UK) left the European Union (EU). In the European Parliament (EP), Members of the European Parliament (MEPs) cried together and folded flags. It marked the... Show moreOn 31 January 2020 the United Kingdom (UK) left the European Union (EU). In the European Parliament (EP), Members of the European Parliament (MEPs) cried together and folded flags. It marked the end of an era. At the end of that year, after much agony, the EU-UK Trade and Cooperation Agreement (TCA) was signed on 24 December 2020 and the ratification was completed in April 2021. The TCA allows both entities tariff-free, quota-free access to markets for goods. Services are not part of the TCA. Part of the agreement are also fishing rights as well as cooperation in the area of security (e.g., in the area of information sharing security related to matters of internal security), but no mention of security and defence collaboration. There are still many unresolved issues. Some of these issues involve fishing matters (Reuters, 2021). But collaboration in security and defence matters is also crucial as demonstrated by the need to deal with the war in Ukraine that erupted following the Russian invasion on 24 February. Show less
Concerns about democratic decline and deficit have recently led to repeated calls for institutional changes that could enhance civil participation and direct voter participation in public decision... Show moreConcerns about democratic decline and deficit have recently led to repeated calls for institutional changes that could enhance civil participation and direct voter participation in public decision-making (forms of direct democracy). An evergreen among the instruments proposed is the referendum, and in particular the constitutionally embedded referendum. This would grant a constitutional right to trigger a referendum and is something that is currently under consideration in the Netherlands. It is often assumed that constitutionally embedded referendums can correct systemic flaws in a representative democratic system, thus enhancing the overall democratic score of a country. This contribution considers these premises. By means of an empirical study, it examines whether the democracy index score of a country is related to constitutionally ratified rights to direct legislative influence of citizens, such as referendums and legislative initiatives by citizens. The initial results indicate that codifying referendum procedures as a constitutional right does indeed positively relate to the democratic scores of countries worldwide. This effect, however, does not hold true for the sample of EU countries studied. Show less
This thesis explains the dynamics and nature of the Kurdistan Region of Iraq’s (KRI) de facto statehood since its inception in 1991, in particular the vicissitudes de facto independence since then.... Show moreThis thesis explains the dynamics and nature of the Kurdistan Region of Iraq’s (KRI) de facto statehood since its inception in 1991, in particular the vicissitudes de facto independence since then. This dissertation characterises de facto statehood in Kurdistan, and uncovers the dynamics of de facto statehood in Iraqi Kurdistan at internal, national and international levels. Kurdistan’s de facto statehood (such as territorial control, monopoly on the use of violence, and engagement with the international community) is shown to be inherently characterised by fluidity. In this thesis, fluidity is defined as a highly unstable nature of de facto statehood in the relational context of non-recognition. The dissertation reports on interviews with a number of high profile politicians and policy makers from the region to provide unique insights, among others the three main factors at play in the fluidity of the de facto state of Iraqi Kurdistan: the balance of power between the regional capital of Erbil and the Iraqi national capital of Baghdad; the level and form of internal fragmentation; and the change of strategies to gain international recognition. Show less
Het initiatiefwetsvoorstel van Van Raak voor het opnemen van een grondwettelijke bepaling die het mogelijkmaakt een correctief bindend referendum te organiseren is in eerste lezing aanvaard. Thans... Show moreHet initiatiefwetsvoorstel van Van Raak voor het opnemen van een grondwettelijke bepaling die het mogelijkmaakt een correctief bindend referendum te organiseren is in eerste lezing aanvaard. Thans ligt het in tweedelezing voor aan de Tweede Kamer. In eerste lezing is de uitkomstdrempel echter geamendeerd met als gevolgeen bijzonder lage kans op een geldige referendumuitslag. De huidige balans tussen directe en indirectedemocratie zal daarom met deze grondwetswijziging niet veranderen, laat staan dat de democratie erdoor zalworden versterkt. De referendumbepaling kan in deze vorm niet meer zijn dan een vergeefse poging extralegitimiteitsglans te geven aan onze stoffige Grondwet. Nu het doel van de bepaling niet verwezenlijkt lijkt tekunnen worden, rijst de vraag of het nog zinnig is om de referendumbepaling in de Grondwet op te nemen. Show less
In 1797 and 1798 the first steps were taken in the Netherlands towards the development of a democratic system. In 1796-1797 a written Constitution was drafted for the Batavian Republic, as the... Show moreIn 1797 and 1798 the first steps were taken in the Netherlands towards the development of a democratic system. In 1796-1797 a written Constitution was drafted for the Batavian Republic, as the Netherlands was called at the time. This Constitution was in 1797 submitted in a national referendum for a vote of the people, but it was rejected. A new draft was written and again submitted the following year. This time the Constitution was adopted. Very little is known about these referenda. Extensive archival research has been necessary in order to understand how these steps in democracy were taken. It has been possible to produce a dataset of results for 948 cities, villages and rural districts. Based on the voting results, the public support for a democratic constitution has been analyzed after a description of the voting system. The voting results are examined along two cleavages structures. First, major distinctions existed between cities and rural districts and secondly between Catholics and Protestants. As a partial explanation the religious preferences are important to understand the turnout by the two referenda. Above all, the results of the two referenda show a deeply divided society of religious minorities. Show less
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
