Modern State guarantees
Modern State guarantees citizens
the legal equality and freedom 'constitutional;
Modern State reveal
or make public citizens collaborate
in the organization and functioning of the State, through the composition of
elected legislative bodies.
The modern State is democratic: which involves the
participation in life of
the State, by
the election of the main constitutional bodies, of all the people (universal
suffrage) and not only a part of them.
The participation of
citizens in political life results in two distinct forms, although related:
Cont
a)-the election of
individuals who, as representatives of voters, are assigned to perform the
State function (election of the members of the Parliament, the Head of State,
the judges, councils of local authorities, etc.);
B)-in direct pursuit
(svolgimento diretto) of certain State
functions (referendum, popular petitions, popular legislative initiative).
The legal concepts
relating to the participation of the first type are said to (or representative
government); indirect democracy
those relating to the
second type are called direct
democracy (or
directed popular government).
Among the main
institutions of indirect
democracy, include:
Cont.
election of the
legislative chambers, the Head of State in the republics.
In institutions of direct democracy, we have forms of popular participation which are expressed in the vote, and therefore the exercise of electoral functions: these are to be considered: the referendum and popular veto.
In institutions of direct democracy, we have forms of popular participation which are expressed in the vote, and therefore the exercise of electoral functions: these are to be considered: the referendum and popular veto.
It falls well in the
case of direct popular participation in some parliamentary election: for
example: in case of conflict between the Government and Parliament, or between
another constitutional body and the Parliament, which is following the early
dissolution of parliament
of the part
of the head of Sate, the result of the
election of the new rooms is taken as a kind of popular opinion on the nature
of the crisis and the
origin of
the organs in
conflict.
Citizens and
organization of the State.
The main institutions
of direct democracy still adopted in many modern states are as follows:
a) - the plebiscite:
this term is
referred to the
appeal to all citizens in
order to approve or
disapprove an interesting event for the State, be it already happened or being implemented. Generally, plebiscites are those for territorial mutations of a
State (for example, calling upon inhabitants of a region if approve or not the
termination of this one with a foreign State;
but are still called
plebiscites the appeals to the people to approve or not to change the form of
government or the merger of the State with other states and so on.
Cont.
The plebiscite is
expressed by means of the electoral vote, and usually, voters are citizens who
have the ability of election to elect the deputies;
b)-the referendum: referendum is
referred the institution
for which the electorate is called upon to approve or disapprove a legislative
act (constitutional or ordinary law, regional law, regulation, etc.). or even
any act of government of special importance, for example, the institutional
form of the State, the admission of a foreign state as a member of a federation.
Cont
As already is seen, there is no
clear difference between plebiscite
and
referendum, although 'the first term is rather reserved for approvals of
territorial changes and according to the second approvals of the laws, and in general, acts of
government.
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