Krytyka Prawa. Niezależne studia nad prawem
Contributo a un dibattito referendario. Brevi note
Uniwerystet w Cagliari
Abstract
The referendum of December 4, 2016 revealed many shortcomings in the functioning of the constitutional system of the Italian Republic. The results of the referendum did not give rise to amendments to the 1948 Constitution. It should be presumed that very bad explanation of the purpose and meaning of the referendum. was one of the reasons for the failure of the supporters of the change. Explanations were made mainly by politicians, paying particular attention to the political arguments, aside from technical and legal issues. Meanwhile, many constitutional issues should be the subject of serious debate. First and foremost, it is about the role of political parties in a modern state, the need for a new approach to the role of a sovereign, and such changes in electoral law that would allow the voters to play the primary original, assigned to the voters by the Constitution. Discussed problems are based on Italian examples, but they are equally important for all European Union countries and supranational structures.