Udział organów jednostek samorządu terytorialnego w kampanii referendalnej przed referendum w sprawie ich odwołania, możliwości podejmowania przez nie działań w tej kampanii oraz ich finansowania
{"title":"Udział organów jednostek samorządu terytorialnego w kampanii referendalnej przed referendum w sprawie ich odwołania, możliwości podejmowania przez nie działań w tej kampanii oraz ich finansowania","authors":"T. Gąsior","doi":"10.31268/ps.2022.124","DOIUrl":null,"url":null,"abstract":"Each democratic state is founded on the principle of national sovereignty. This is the basic political system concept, which is a consequence of treating the population as the administrator of power. Today, as a rule, it is the sovereign that exercises the power through its elected representatives. With regard to indirect democracy, however, direct democracy is considered equally important. The classic – even primary – most popular form of it is the referendum. This article is devoted to a specific type of referendum, i.e. on the dismissal of bodies of local government units (to which many features can be attributed that make it more a form of election than referendum as such), and more precisely to the possibility for bodies of local government units to take measures in the campaign before this type of referendum. Doubts and problematic issues in this respect were indicated. The discrepancies formulated in the doctrine were referred to. The inequalities that may result from the current legal regulations associated with this issue were highlighted. De lege ferenda conclusions were also formulated.","PeriodicalId":42093,"journal":{"name":"Przeglad Sejmowy","volume":null,"pages":null},"PeriodicalIF":0.1000,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Przeglad Sejmowy","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.31268/ps.2022.124","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
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Abstract
Each democratic state is founded on the principle of national sovereignty. This is the basic political system concept, which is a consequence of treating the population as the administrator of power. Today, as a rule, it is the sovereign that exercises the power through its elected representatives. With regard to indirect democracy, however, direct democracy is considered equally important. The classic – even primary – most popular form of it is the referendum. This article is devoted to a specific type of referendum, i.e. on the dismissal of bodies of local government units (to which many features can be attributed that make it more a form of election than referendum as such), and more precisely to the possibility for bodies of local government units to take measures in the campaign before this type of referendum. Doubts and problematic issues in this respect were indicated. The discrepancies formulated in the doctrine were referred to. The inequalities that may result from the current legal regulations associated with this issue were highlighted. De lege ferenda conclusions were also formulated.