憲法改正に関わる国民投票法における附則第一二条の法的検討 : 国民投票の対象とその範囲について

概要

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A National Referendum Law stipulating the procedure for passing constitutional amendments came into effect in 2010. However, many issues regarding the law remain unresolved. The coverage of a national referendum, among other issues, is confined to a constitutional amendment as stated in Article 1. However, it is clearly mentioned in Article 12 of the Supplementary Provisions that deliberation on the coverage of Article 1 is necessary promptly after the law comes into effect. In this paper, we will review the background to the establishment of Article 12 of the Supplementary Provisions and examine the issues regarding the review of the coverage of a national referendum. Two main issues are given special attention. One is the relationship with indirect democracy, and the second is whether the results of a national referendum are legally binding for general state affairs.
2011-11-15