KULawR' - Articles - Статья 'Phan Nhat Thanh. REFERENDUM AND HUMAN RIGHTS. (2017)1 (4) KUTAFIN UNIVERSITY LAW REVIEW 68'

In issue 1 on 2017 year

REFERENDUM AND HUMAN RIGHTS

DOI: 10.17803/2313-5395.2017.1.7.076-090

Author: Phan Nhat Thanh

Rubric: INTERNATIONAL LAW OF HUMAN RIGHTS

Annotation: By studying the relation between human rights and a referendum, the author of this paper comes to the conclusion that a referendum may have both negative and positive impacts on human rights. The referendum offers, on the one hand, direct democracy. On the other hand, the referendum may increase the number of issues in relation to discrimination against minority groups or minority democracy (Referendums are dominated by elite groups). It also risks consequences including potential unconstitutional impact and its affect to constitutional rights of citizens and limits the right of the Representative Government. Nevertheless, the paper argues that the referendum is, on balance, a net contributor to the human rights development extending democracy for citizens in terms of political and civil rights. This support is based on democratic arguments, as well as obligations incurred by governments that are member states to international human rights conventions and, thereby, committed to implementing relevant provisions.

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Keywords: International law, referendum, human rights, treaties, constitution

Bibliography:

Beigbeder, Y. (2015). Referendum. Oxford Public International. Available at: http://opil.ouplaw.com/view/10.1093/ law:epil/9780199231690/law-9780199231690-e1088 (accessed 20.04.2015).
Council for Democratic Elections. Venice Commission. Referendum in Europe — An Analysis of the Legal Rules in European States (2005). Pp. 5, 15, 24—25.
Do Minh Khoi (2015). The Relationship between the Law on Referendum and the Institutions of Human Rights and Citizen Rights, in Conference on “The Draft Law on Referendum of Vietnam”, Ho Chi Minh City University of Law (15 May 2015). P. 348.
Donnelly, J. (2003). Universal Human Rights in Theory and Practice. Cornell University Press. P. 10.
Dunsmuir, M. (1992). Referendums: The Canadian Experience in an International Context. Available at: ttp://www.parl.gc.ca/Content/ LOP/researchpublications/bp271-e.htm#OVERVIEWtxt.
Haskell, J. (2001). Direct Demo cracy or Representative Government? Dispelling the Populist Myth. Westview Press. Pp. 88, 98.
Hug, S. (2007). Some Thoughts about Referendums, Representative Democracy, and Separation of Power. Available at: http://weblaw.haifa.ac.il/he/Events/eveFile/hug.pdf.Ibhawoh, B. (2001). Cultural Tradition and National Human
Rights Standards in Conflict, in Hastrup, K. (ed). Legal Cultures and Human Rights: The Challenge of Diversity. Kluwer Law International. Pp. 85–86.
International Council on Human Rights Policy (ICHRP). When Legal Worlds Overlap: Human Rights, State and Non-State Law. Geneva: ICHRP. 2009. P. 27.
LeDuc, L. (2003). The politics of direct democracy: Referendum in global perspective. Broadview Press. Lowry, D. (2007).Why Do Organized Interests Lobby? A Multi-Gold, Multi-Context Theory of Lobbying. Polity. Volume 39. No. 1. P. 30.
Matsusaka, J. G. (2004). Imitative and Referendum, in Encyclopedia of Public Choice, Kluwer Academic Publishers. P. 1.
McNamara, L. (2007). Human Rights Controversies: The Impact of Legal Form. Routledge-Cavendish.
Nguyễn Tất Thịnh. Về trưng cầu ý dân. Available at: http://tamnhin.net/ve-trung-cau-dan-y.html (accessed 20.04.2015).
Qvortrup, M. (2002). A Comparative study of referendums: Government by the people. Manchester University Press.
Schwinn, S. d. (2015). Judicial Review of Referendums: The Political Process Doctrine and the Protection of Human Rights, in Conference on “The Draft Law on Referendum of Vietnam”, Ho Chi Minh City University of Law (15 May 2015). P. 196.

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Phan Nhat Thanh. REFERENDUM AND HUMAN RIGHTS. (2017)1 (4) KUTAFIN UNIVERSITY LAW REVIEW 68

Kutafin University Law Review