Direct Democracy and the Rights of Sexual Minorities

Authors

DOI:

https://doi.org/10.11117/rdp.v18i98.5848

Keywords:

direct democracy, referendum, judicial review, popular initiatives, minority rights, fundamental rights, same-sex marriage, LGBT rights

Abstract

Direct democracy is now being regarded as both an alternative of and an adjustment for representative constitutional democracy. Nevertheless, as is discussed in this article, direct democracy devices, particularly in those legal systems where no quorum is provided for validating referendums, can harm minorities. The analysis of “same-sex marriage referendums” can provide an emblematic example of how a minority groups can be easily outnumbered, when decisions are taken using direct popular voting.

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Author Biography

Michele Di Bari, University of Podova

Michele Di Bari is a researcher in Comparative Public Law at the Department of Political Science, Law and International Studies (SPGI) of the University of Padova. He is also a member of the Genius Law Review (www.geniusreview.eu), a law journal focusing on LGBT+ issues.

Published

2021-07-30

How to Cite

Bari, M. D. (2021). Direct Democracy and the Rights of Sexual Minorities. Public Law, 18(98). https://doi.org/10.11117/rdp.v18i98.5848

Issue

Section

Dossiê Temático - Gênero e Instituições Judiciais: conexões teóricas e práticas