1. La nueva consulta popular autonómica: el concepto de “consulta popular ciudadana”. Una propuesta interpretativa.
- Author
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Segura-Renau, Loreto
- Subjects
- *
PARTICIPATORY democracy , *POLITICAL participation , *CONSTITUTIONAL courts , *REFERENDUM , *CONSTITUTIONS , *PARTICIPATION , *ISLANDS - Abstract
The most recent regional legislation on participation has incorporated a new instrument, popular consultation, which goes beyond the classic instruments of participatory democracy. Its heterogeneous denomination leads us to refer to this instrument as “popular citizen consultation”. The theoretical starting point of the study establishes popular consultation as the instrument of participation situated between the referendum and the other popular consultations of participatory democracy. Secondly, it is necessary to understand the concept of popular consultation in the light of the Spanish Constitution, based on the jurisprudence of the Constitutional Court. In the latter, the concept of popular referendum is gradually being developed, recognising the “existence of other popular consultations” that are not referendums (STC 31/2015). This leads us to formulate an interpretative proposal on the popular consultation introduced by Andalusia, Catalonia, the Balearic Islands and Navarre. Based on art. 149.1.32 CE, an interpretation is offered that places the object as the central and distinctive element of the popular consultation as opposed to the referendum. In this way, the popular consultation is framed within participatory democracy, but acquires a hybrid character, being situated between participatory instruments and referendums. [ABSTRACT FROM AUTHOR]
- Published
- 2022
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