Suteu, S; (2019) Recourse to the People in Semi-Presidential Systems: Lessons from Romanian Referendum Practice During Periods of Divided Government. Romanian Journal of Comparative Law , 10 (2) pp. 264-300.

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Abstract

This article investigates the interlinkages between constitutional referendums – their design, operation, and expected outcomes – and semi-presidential systems of government. In particular, it examines whether referendums in semi-presidential systems can perform a deadlock-breaking function or else whether the oft-repeated problems of politicisation and abuse of referendums are exacerbated in such systems. The article focuses on periods of divided government and the role performed by two types of referendums: the presidential recall referendum and the president-initiated referendum. Often, such periods are characterised by conflict between constitutional actors and competing authority claims. An important question thus becomes whether the referendum – as a blunt instrument invoking the final, direct authority of the people – will help or hinder conflict resolution. The article examines in greater detail Romania’s fraught experience with both types of referendums. It concludes that problems of both constitutional design and political practice permeate referendum use in Romania and hinder both its deadlock-breaking function and its deliberative potential.

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