The institution of a consultative referendum as an instrument of direct democracy in the Republic of Austria

https://doi.org/10.26485/SW/2018/25/9

Abstract

_{The principle of democracy derived from the principle of sovereignty (supremacy) of the nation is the guiding principle constitutional system in the Republic of Austria. Nevertheless, the Constitution of the Republic of Austria expressis verbis does not provide for two possibilities of exercising power by the Nation – either by representatives or directly, in particular there is no constitutional provision that directly declares that the sovereign may exercise power directly. The aim of the article is to present the instruments of direct democracy in the Republic of Austria, with special attention to the “youngest” institution introduced in 1989. Volksbefragung – a consultative referendum, which is treated only briefly in studies on the institution of direct democracy. In order to provide a more complete picture of the functioning of direct democracy in this country, as well as attempts to resolve the dispute regarding the legal character of the Volksbe fragung institution (referendum or public consultation), one more brief form of direct democracy in Germany is Volksabstimmung, which is also regulated by the Constitution and by statute in the union law and is somewhat complementary to the institution in question.}