Writing Constitutions: Volume I: Institutions

Preface
Comparability of Constitutions
For Whom Writing Constitutions Is Written
What Writing Constitutions Does Not Do
Sources and Examples Used in Writing Constitutions
Nominal Constitutions and Constitutional Reality
Writing Constitutions Explained
Contents
About the Authors
Abbreviations
List of Figures
List of Tables
Part I: Parliament
1: Unicameral or Bicameral Parliaments
1.1 Overview of the External Organisational Structure of Parliaments
1.1.1 Historical Context and Function
1.1.2 Structural Approach
1.2 Monocameral Parliaments
1.3 Bicameral Parliaments
1.4 Remarks
References
2: The Deputy
2.1 Status of a Deputy: The Free Mandate, Its Limitation and Protection
2.1.1 Overview over the Status of a Deputy
2.1.1.1 Free Mandate, Incompatibility, Loss of Mandate
2.1.1.2 Purpose and Function of the Rules
2.1.1.3 Historical Context
2.1.1.4 Related Topics
2.1.1.5 Structural Approach and Guiding Questions
2.1.2 Details of the Clause
2.1.2.1 Is the Mandate Free or Imperative?
2.1.2.2 Is the Mandate (In)compatible with Other Occupations?
2.1.2.3 Does the Constitution Provide for the Deputy´s Salary?
2.1.2.4 Does the Constitution List Causes That Lead to a Loss of the Mandate?
2.1.2.5 Are the Rules Regulated in the Constitution or by National Laws?
2.2 The Deputy: Immunity and Indemnity
2.2.1 Overview over Immunity and Indemnity
2.2.1.1 Definition
2.2.1.2 Purpose and Function of Immunity and Indemnity
2.2.1.3 Legal Nature/Character
2.2.1.4 Historical Context
2.2.1.5 Structural Approach and Guiding Questions
2.2.2 Details of the Clause
2.2.2.1 Is Indemnity Guaranteed at All?
2.2.2.2 What Is the Scope of Indemnity?
2.2.2.3 Are There Exceptions for Certain Crimes?
2.2.2.4 Is There a Temporal Limit of Indemnity?
2.2.2.5 Is Immunity Guaranteed at All?
2.2.2.6 What Is the Scope of Immunity?
2.2.2.7 Is There a Temporal Limit to Immunity?
2.2.2.8 Can Immunity/Indemnity Be Lifted?
2.2.2.9 Can a Court Review the Decision?
References
3: Political Parties and Thresholds
3.1 Rules Around Political Parties
3.1.1 Overview of the Clauses Referring to Political Parties
3.1.1.1 Definition, Purpose and Function of Political Parties
3.1.1.2 Historical Context
3.1.1.3 Procedural Questions
3.1.1.4 Structural Approach and Guiding Questions
3.1.2 Details of the Clauses Concerning Political Parties
3.1.2.1 Qualification as Political Party
3.1.2.2 Protection of Political Parties
3.1.2.3 Ban and Dissolution
3.1.2.4 Party Financing
3.1.2.5 Necessity of a Constitutional Rule Concerning Political Parties
3.2 Election Thresholds Including Allocation of Non-counting Votes
3.2.1 Overview of the Threshold Clause
3.2.1.1 Definition
3.2.1.2 Historical Context and Purpose of a Threshold Clause
3.2.1.3 Disadvantages of a Threshold Clause
3.2.1.4 Structural Approach and Guiding Questions
3.2.2 Details of a Threshold Clause in a Constitutional System
3.2.2.1 Majority System
3.2.2.2 Proportional System
3.2.2.3 Level of the Threshold
3.2.2.4 Does the Threshold Apply to Parties or Party Coalitions?
3.2.2.5 Exemptions to Support Regionally Strong Parties
3.2.2.5.1 Option 1: (Alternative) Threshold on District Level
3.2.2.5.2 Option 2: No Application of Threshold if Party Wins Several Seats in a Constituency
3.2.2.6 Allocation of ``Wasted´´ (i.e. Unallocated) Votes
3.2.2.7 Regulation on Constitutional Level or by Ordinary Law?
An illustration of a rectangle-shaded box with a thick borderline.Electoral Laws Referred to in This Chapter
References
4: Internal Organisation of Parliament and Role of the Opposition
4.1 Overview of the Organisation of Parliament (Speaker, Praesidium, Committees, Factions and the Opposition)
4.1.1 Historical Context
4.1.2 Purpose and Function of Parliament
4.1.3 Procedural Questions
4.1.4 Structural Approach and Guiding Questions
4.2 Details of the Clauses
4.2.1 The Speaker
4.2.2 The Presidium
4.2.3 Committees
4.2.4 Faction
4.2.5 Opposition
4.2.5.1 Constitutional Establishment of the Main Principles
4.2.5.2 Status of Members of Parliament
4.2.5.3 Financial Resources of Factions
4.2.5.4 Non-parliamentary Actors
4.2.5.5 Allocation of Positions of Responsibility
4.2.5.6 Procedural Decisions Within Parliament
4.2.5.7 Allocation of Speaking Time
4.2.5.8 Amendments by the Opposition to Proposed Bills
4.2.5.9 Qualified Majorities for Bills
4.2.5.9.1 Participation by the Opposition in the Appointment of Senior Office Holders
4.2.6 Detail of Regulation
References
5: Investigative Committees and Inquisitorial Rights
5.1 Investigative Committees
5.1.1 Overview of the Investigative Committee
5.1.1.1 Definition
5.1.1.2 Historical Context
5.1.1.3 Function
5.1.1.4 Caveat: Limits of the Function
5.1.1.5 Procedural Questions
5.1.1.6 Structural Approach and Guiding Questions
5.1.2 Details of the Clause Concerning Investigative Committees
5.1.2.1 How Can the Parliament form an Investigative Committee?
5.1.2.1.1 What Organ Is Responsible for the Formation?
5.1.2.1.2 What Majority Is Required?
5.1.2.2 What Is the Subject and Scope of the Investigation?
5.1.2.3 How Is the Committee Composed?
5.1.2.4 What Rights and Limits of Investigation or Intervention Does the Committee Have?
5.1.2.4.1 General Powers
5.1.2.4.2 Exceptions and Prerequisites
5.1.2.5 How Do the Findings Relate to the Judiciary?
5.1.2.6 When and How Is the Committee Dissolved?
5.1.2.7 Regulation on Constitutional Level or by Ordinary Law?
5.2 Inquisitorial Rights
5.2.1 Overview of Inquisitorial Rights
5.2.1.1 Definition
5.2.1.2 Historical Context
5.2.1.3 Function
5.2.1.4 Structural Approach and Guiding Questions Concerning Inquisitorial Rights
5.2.2 Details of the Clauses Concerning Parliament´s Inquisitorial Rights
5.2.2.1 Right of Questioning
5.2.2.1.1 Overview
5.2.2.1.2 Written Enquiries
5.2.2.1.3 Institutionalized Regular Question Time
5.2.2.1.4 Means of Enforcing the Right of Questioning
5.2.2.2 Right of Interpellation
5.2.2.2.1 Overview
5.2.2.2.2 Initiation Threshold
5.2.2.2.3 Addressee
5.2.2.2.4 Duty to Personally Attend
5.2.2.2.5 Obligation to Respond
5.2.2.3 Allowed Scope of Questions
References
6: Legislation
6.1 Overview
6.2 Legislative Initiative
6.2.1 Detailed Provisions
6.2.2 Remarks
6.3 Reading of Laws
6.3.1 Detailed Provisions
6.3.2 Remarks
6.4 Solution of Bicameral Conflicts
6.4.1 Detailed Provisions
6.4.2 Remarks
6.5 Approval and Control of Legislative Acts
6.5.1 Detailed Provisions
6.5.2 Remarks
6.6 Parliamentary Reservation and Delegated Legislation
6.6.1 Overview
6.6.2 Parliamentary Reservation
6.6.3 Remarks
6.6.4 Delegated Legislation
6.6.5 Remarks
References
Part II: President
7: The Presidential Office: Qualification, Election and Term
7.1 Qualification and Oath
7.1.1 Overview of the Presidential Qualifications and Oath
7.1.1.1 Definitions
7.1.1.2 Historical Context
7.1.1.3 Qualification Clause
7.1.1.4 Oath
7.1.1.5 Potential of Misuse
7.1.2 Structural Approach and Guiding Questions and Qualifications
7.1.2.1 Age Restrictions
7.1.2.2 Citizenship
7.1.2.2.1 Citizenship Requirements
7.1.2.2.2 Controversy ``Natural-Born´´
7.1.2.2.3 Term Citizenship ``By Origin´´
7.1.2.2.4 Citizenship Requirements for Relatives
7.1.2.3 Residence
7.1.2.4 Right to Vote and Eligibility
7.1.2.5 Education and Religion
7.1.2.5.1 An Issue in Poor and Religious Countries
7.1.2.5.2 Recommendation for a Democratic Society
7.1.2.6 Incompatibilities
7.1.2.6.1 Ineligibility
7.1.2.6.2 Other Reasons for Incompatibility
7.1.2.7 Possible Solutions to Prevent Misuse and Negative List
7.1.2.8 Clause to Restrict Amendments
7.1.3 Oath
7.2 Election of the President
7.2.1 Overview
7.2.1.1 Definition and Purpose of the Provision
7.2.1.2 Historical Context
7.2.1.3 Criteria for a ``Good´´ Election Clause
7.2.2 Procedural Questions
7.2.3 Structural Approach
7.2.4 Details of the Election Clause
7.2.4.1 When Does the Election Take Place?
7.2.4.2 How Are the Candidates Pre-selected?
7.2.4.3 Direct or Indirect Election?
7.2.4.4 In Case of an Indirect Election, Which Body Elects the President?
7.2.5 Which Majority Is Required To Be Voted into Office?
7.2.6 Is There a Minimum Turnout Rate?
7.2.7 What Happens if the Candidate Does Not Obtain the Required Majority?
7.2.8 Supplementing Provisions
7.3 Duration of Presidential Term
7.3.1 Overview
7.3.1.1 Definition
7.3.1.2 Purpose and Function of the Rule
7.3.1.3 Historical Context
7.3.2 Structural Approach and Guiding Questions
7.3.3 Details of the Clause Concerning the Duration of Office
7.3.3.1 Is a Limitation of the Duration of Office at All Required?
7.3.3.2 Which Duration Is Advisable?
7.3.3.3 Is a Limit of Possible Re-elections Advisable?
7.3.3.4 Limited Number of Re-elections After Regular Election into Office
7.3.3.5 Limited Number of Re-election After Not Being Elected into Office
7.3.3.6 How Many Re-elections Should Be Possible?
7.3.3.7 Should There Be Exemptions from the Limit of Re-elections?
7.3.4 Eternal Guarantee
7.3.5 Conclusion
References
8: Presidential Powers and Veto Rights
8.1 Competencies of the President
8.1.1 Overview and Structural Approach
8.1.2 Various Functions of the President
8.1.2.1 Guardian and Guarantee Functions
8.1.2.2 Control of Constitutionality of State Action
8.1.2.3 Remarks
8.1.2.4 Guarantee Function in Times of Crisis
8.1.2.5 Remarks
8.1.2.6 Arbitral and Mediation Function
8.1.2.7 Executive Functions
8.1.2.8 Remarks
8.2 Countersigning
8.2.1 Overview
8.2.1.1 Definition
8.2.1.2 Purpose
8.2.1.3 Historical Context
8.2.1.4 Structural Approach and Guiding Questions
8.2.2 Details of the Clause
8.2.2.1 Does the Article Feature a Positive or Negative Nature?
8.2.2.2 Who Is the Person to Countersign?
8.2.2.3 What Are the Consequences of No Countersignature?
8.2.2.4 What Are the Exceptions from Countersignature?
8.2.2.4.1 Ceremonial Prerogatives
8.2.2.4.2 Protector of the State and Constitution
8.2.2.4.3 Organisation of Office
8.2.2.4.4 President as Mediator
8.2.2.5 Executive Powers
8.3 Veto Powers
8.3.1 Overview of the Presidential Veto Powers
8.3.1.1 Definition
8.3.1.2 Purpose and Function of the Rule
8.3.1.3 Historical Context
8.3.1.4 Procedural Questions
8.3.1.5 Structural Approach and Guiding Questions
8.3.2 Details of the Clause Relating to the Veto Right
8.3.2.1 Absolute or Suspensive Veto Power
8.3.2.2 Limitations of the Veto Power
8.3.2.3 Effects of the Exercise of the Veto
8.3.2.4 Legislative Overriding Procedures
References
9: Dissolution of Parliament and Impeachment of President
9.1 Dissolution of Parliament
9.1.1 Overview of the Dissolution of Parliament
9.1.1.1 Definition
9.1.1.2 Purpose and Function of the Rule
9.1.1.3 Historical Context
9.1.1.4 Procedural Questions
9.1.2 Details of the Dissolution Clause
9.1.2.1 Should Parliament be Immune from Dissolution by the Executive?
9.1.2.2 Which Organ Should Be Able to Dissolve Parliament?
9.1.2.3 In What Circumstances Should the Right of Dissolution Be Exercised?
9.1.2.4 Which Limitations and Restrictions Should Be Provided?
9.1.2.5 Which Constitutional Organ(s) Should Be Involved in the Dissolution?
9.2 Impeachment
9.2.1 Overview of the Impeachment Clause
9.2.1.1 No Anti-impeachment Clause
9.2.1.2 Historical Context and the Unsuitable Example of the US Constitution
9.2.1.3 Additional Considerations for Presidential Systems
9.2.1.4 Procedural Questions
9.2.1.5 Structural Approach and Guiding Questions
9.2.2 Details of the Impeachment Clause
9.2.2.1 Which Officials Aside from the President Can Be Impeached?
9.2.2.2 Organ and Majority to Initiate Impeachment Process
9.2.2.3 No Immediate Substitution of the President
9.2.2.4 What Constitutes the Misconduct?
9.2.2.4.1 What Right of Defence Is Vested in the Constitution?
9.2.2.4.2 Does a Court Review the Alleged Misconduct and Are Those Findings Binding?
9.2.2.5 Decision Making: What Organ(s) and Majorities Are Required to Impeach the President?
9.2.2.6 Who Replaces the Impeached Person?
9.2.2.7 Timeframe Between Procedural Steps and Limitations to Impeachment
References
Part III: Government
10: Government
10.1 Role and Function of Government
10.2 Governmental Leadership and Organisation
10.2.1 Prime Minister/Minister-President/Chancellor
10.2.2 Principles of Organisation: Departmental-Collegiate Principle
10.3 Appointment and Dismissal of Government
10.3.1 Overview
10.3.1.1 Historical Context
10.3.1.2 Structural Approach and Guiding Questions
10.3.2 Details of the Clauses
10.3.2.1 Appointment of the Head of Government
10.3.2.2 Dismissal of the Head of Government and of Individual Ministers
10.3.2.3 Separation of Appointment from Selection of Candidate
10.3.2.4 Forming Government in Case of Uncertain Majorities
10.3.2.5 Timeframes When Forming Government
10.3.2.6 Detail of Appointment/Dismissal Clauses
10.4 Vote of Confidence Clause
10.4.1 Overview of the Vote of Confidence Clause
10.4.1.1 Definition
10.4.1.2 Purpose and Function of the Rule
10.4.1.3 Norm Addressee
10.4.1.4 Legal Nature/Character
10.4.1.5 Historical Context
10.4.1.6 Procedural Questions
10.4.1.7 Structural Approach and Guiding Questions
10.4.2 Details of the Vote of Confidence Clause
10.4.2.1 Why Do Many Parliamentary Democracies Have a Vote of Confidence?
10.4.2.2 Who Has the Power to Initiate a Vote of Confidence?
10.4.2.3 What Organ(s) Are Required to Initiate the Vote?
10.4.2.4 What Are the Prerequisites for Invoking a Vote of Confidence?
10.4.2.5 What Majority Is Needed?
10.4.2.6 What Are the Time Limits of the Vote?
10.4.2.7 What Are the Legal Consequences of a Vote of Confidence?
10.4.2.7.1 A. Resignation of Government
10.4.2.7.2 B. Dissolution of Parliament
10.4.2.7.3 C. New Elections
10.5 Vote of No Confidence Clause
10.5.1 Overview of the Vote of No Confidence Clause
10.5.1.1 Definition
10.5.1.2 Purpose and Function of the Rule
10.5.1.3 Norm Addressee
10.5.1.4 Legal Nature/Character
10.5.1.5 Historical Context
10.5.1.6 Procedural Questions
10.5.1.7 Structural Approach and Guiding Questions
10.5.2 Details of the Clause
10.5.2.1 How Is the Vote of No Confidence Initiated?
10.5.2.2 Who Is Subject to the Vote of No Confidence?
10.5.2.2.1 A. Government as a Whole or the Head of Government
10.5.2.2.2 B. Individual Ministers
10.5.2.2.3 C. Other Subjects
10.5.2.3 What Are the Procedural Criteria of the Vote?
10.5.2.3.1 A. Formal Requirements of the Vote
10.5.2.3.2 B. Majority Required for the Vote of No Confidence
10.5.2.3.3 C. Further Procedural Requirements of the Vote/Exclusion Criteria
10.5.2.4 What Are the Time Limits of the Vote?
10.5.2.5 How Does Third Power Intervention Verify the Vote of No Confidence?
10.5.2.6 What Are the Consequences of a Vote of No Confidence?
10.5.2.6.1 A. Consequences of a Successful Vote of No Confidence Against an Individual Minister
10.5.2.6.2 B. Overview of Consequences After a Successful Vote of No Confidence Against the Government as a Whole or the Head ...
10.5.2.6.3 C. Resignation or Removal of the Government
10.5.2.6.4 D. Dissolution of Parliament and Re-Elections
10.5.2.6.5 E. Constructive Vote of No Confidence
10.5.2.6.6 F. Timeframe for Consequences
References
Part IV: Judiciary
11: Constitutional Courts: Supreme Courts
11.1 Overview of Constitutional Jurisdiction and Judges
11.1.1 Introduction
11.1.2 Normative Status
11.1.3 Nomination of Judges: Organs and Election
11.1.4 Remarks
11.1.5 Independence of Judges
11.1.5.1 Duration of Office
11.1.5.2 Remarks
11.1.5.3 Irrevocability
11.1.5.4 Remarks
11.1.5.5 Indemnities/Immunities
11.1.5.6 Remarks
11.1.5.7 Incompatibilities
11.1.5.8 Remarks
11.2 Competences of Constitutional/Supreme Courts
11.2.1 Abstract Control of Norms
11.2.1.1 Retroactive Control (``a posteriori´´)
11.2.1.2 Preventive Control (``a priori´´)
11.2.2 Diffuse and Centralized Judicial Review of Norms
11.2.2.1 Historical Context and Definition
11.2.2.2 Centralized Judicial Review
11.2.2.3 Mixed Models
11.2.2.4 Remarks
11.2.2.5 Decentralized Judicial Review (``Diffuse Review´´)
11.2.2.6 Remarks
11.2.3 Individual Complaints: Popular Complaints (``Actio Popularis´´)
11.2.3.1 Overview
11.2.3.2 Remarks
11.2.4 Conflict of Competences
11.2.4.1 Introduction
11.2.4.2 Remarks
11.2.5 Control of Elections, Mandates, Referenda
11.2.5.1 Overview
11.2.5.2 Remarks
11.2.6 Protecting the Constitution
11.2.6.1 Overview
11.2.6.2 Remarks
References
12: General and Special Jurisdictions and Public Prosecution
12.1 Overview of General and Special Jurisdictions
12.1.1 Definition
12.1.2 Establishment of Courts and Appointment of Judges
12.1.2.1 Establishment of Courts
12.1.2.2 Remarks
12.1.2.3 Appointment of Judges
12.1.2.4 System of Appointment
12.1.2.5 Remarks
12.1.2.6 Relevance of Political Forms of State on the Appointment
12.1.2.7 The Role of Self-Governing Bodies (``High Councils of Judges´´)
12.1.2.8 Independence of Judges
12.1.2.9 Budget of the Judiciary
12.1.2.10 Remarks
12.2 Public Prosecution Service
12.2.1 Overview
12.2.2 Remarks
References
Part V: Territorial Structure
13: Territorial Structure
13.1 Overview: Terms and Definitions
13.1.1 Typology
13.1.2 Structural Approach Relating to Territorial Structures
13.2 Details of the Territorial Structures
13.2.1 Unitary Systems
13.2.2 Remarks Relating to Unitary Systems
13.2.3 Regionalised Systems
13.2.4 Remarks Relating to Regional Systems
13.2.5 Federal Systems
13.2.6 Remarks Relating to Federal Systems
13.2.7 Local Government
13.2.8 Remarks Relating to Local Government
References
Part VI: State of Emergency
14: State of Emergency
14.1 Overview of the State of Emergency
14.1.1 Definition
14.1.2 Purpose and Function of the Rule
14.1.3 Norm Addressee
14.1.4 Historical Context and Corona Virus Responses
14.1.5 Structural Approach
14.2 Details of the State of Emergency Clauses
14.2.1 Types of Emergency Rule
14.2.2 Procedure for Declaring the State of Emergency
14.2.3 Substantive Requirements
14.2.3.1 Shift of Competencies During Emergency
14.2.3.2 Protection and Limitation of Human Rights
14.2.3.3 Important Restrictions
14.2.3.4 Effective Period of the State of Emergency
14.2.4 Legal Consequences
14.2.5 Legislative Control
14.2.6 Judicial Review
14.3 Remarks
14.3.1 Specification of the Emergency
14.3.2 Notification
14.3.3 The Principle of Non-derogation or Limitation of Fundamental Rights
14.3.4 The Principle of Proportionality
14.3.5 Supervision
14.3.6 Conclusion
References
Part VII: Defence
15: Defence
15.1 Military Forces: National Security Institutions
15.2 Remarks to Status and Role of Military Functions
15.3 Power of Military Command
15.4 Power to Declare War or Emergency
15.4.1 Power to Declare War
15.4.2 Emergency Powers
15.4.2.1 Parliamentary Control of Emergency and War Powers
15.4.2.2 Emergency Powers
15.5 Oversight of War Powers
15.6 Remarks
References
Part VIII: Budget, Finance and Central Banks
16: Budget, Finance and Central Banks
16.1 Budget Clause and Control Chamber
16.1.1 Overview of the Budget Clause
16.1.1.1 Definition
16.1.1.2 Purpose and Function
16.1.1.3 Legal Nature/Character
16.1.1.4 Historical Context
16.1.1.5 Procedural Questions
16.1.1.6 Structural Approach and Guiding Questions
16.1.2 Details of the Budget Clause
16.1.2.1 Who Has the Right to Propose the Budget?
16.1.2.2 Who Needs to Approve of the Budget?
16.1.2.3 Can Another Institution Amend the Proposed Bill?
16.1.2.4 Absence of a Budget Before the New Fiscal Term. Can an Emergency Budget Be Enacted?
16.1.2.5 What Can Be Done If the Expenses Exceed the Budget?
16.2 Taxes
16.2.1 Overview of the Financial Constitution
16.2.1.1 Definition
16.2.1.2 Purpose and Function of the Rules
16.2.1.3 Ways to Generate Income
16.2.1.4 Sovereignties Regarding Taxes
16.2.1.5 Supervision
16.2.1.6 Historical Context
16.2.1.7 Procedural Questions
16.2.1.8 Structural Approach and Guiding Questions
16.2.2 Details of the Income Clause
16.2.2.1 Limitation of Public Debt
16.2.2.2 Limitation on Burdening Citizens
16.2.2.3 Duration of Taxation
16.2.2.4 What Provisions Need to Be in the Constitution?
16.2.3 Details of the Control Chamber Clause
16.2.3.1 Control and Revision of Expenses
16.2.3.2 Scope of Review
16.2.3.3 Composition of the Control Chamber
16.3 Central Banks
16.3.1 Overview
16.3.1.1 Definition
16.3.1.2 Historical Context
16.3.1.3 Structural Approach and Guiding Question
16.3.2 Details of the Central Bank Clause
16.3.2.1 National Bank as a Mandatory Part of the Constitution
16.3.2.2 Scope of Provisions
16.3.2.3 Establishment Clause
16.3.2.4 Allocation of Powers
16.3.2.5 Executive Body
16.3.2.6 Term of Office
16.3.2.7 Personal Qualification
16.3.2.8 Appointment of Board Members
16.3.2.9 Appointment of a Chairperson
16.3.2.10 Accountability
16.3.2.11 Sublegal Reference
References
Part IX: Referendum
17: The Referendum
17.1 Overview of the Referendum Clause
17.1.1 Definition
17.1.2 Historical Context
17.1.3 Purpose and Function of Referendums
17.1.4 Procedural Questions
17.1.5 Structural Approach and Guiding Questions
17.2 Details of the Referendum Clause
17.2.1 Is a Referendum Clause Required?
17.2.2 What Body Is Competent to Initiate a Referendum?
17.2.3 Which Body Has the Power to Determine the Scope and Subject of the Referendum?
17.2.4 What Topics Can Be the Subject of a Referendum?
17.2.5 What Are the Procedural Specifications for a Referendum?
17.2.6 What Is the Regional Scope of a Referendum?
17.2.7 What Are the Temporal Requirements of a Referendum?
17.2.8 What Quorum Is Required for a Successful Referendum?
17.2.9 Is a Referendum´s Outcome Binding?
17.2.10 Is a Referendum´s Outcome Subject to Judicial Review?
References
Part X: Amending the Constitution
18: Amendment Power
18.1 Overview of the Rule on Constitutional Amendments
18.1.1 Definition: Distinction Between Constitution-Making, Constitutional Amendment and Transformation
18.1.2 Chances and Risks of Rigid and Flexible Constitutions
18.1.3 The Rules on Constitutional Amendment: Overview of the Requirements
18.2 Details of the Clause: Structural Approach and Guiding Questions
18.2.1 Formal Requirements
18.2.1.1 Organs and Majorities Required to Initiate the Amendment
18.2.1.2 What Organs and Majorities Are Required to Adopt the Amendment?
18.2.1.3 Electoral System
18.2.1.4 Constitutional Development
18.2.1.5 Constitutional Referendum and Alternatives
18.2.1.6 Timeframe for the Legislative Advice and Adoption
18.2.1.7 Approval by (Mandatory/Optional) Referendum
18.2.1.8 Method of the Textual Revision
18.2.2 Substantive Requirements
18.2.2.1 Which Sections of a Constitution Are Immutable?
18.2.2.2 Amendment of the Rules on Constitutional Amendments
18.2.2.3 Moratorium
18.2.3 Involvement of the Constitutional Court
18.3 Remarks
References
Index