Zu einigen Problemen der direkten Volksrechte

In this paper several problems of direct popular decisions are discussed. In the first part, we consider problems related to the functioning of direct democracy. It makes only sense as a political system if it is a continuous process and if not only sometimes single questions are brought to a referendum. Then, the relation between direct democracy and the unanimous rule is discussed, a subject of special relevance ro the European Union, before we consider the role of quorums. In the second part, some areas are considered where conflicts might arise. The results of initiatives might be incompatible with individual human rights or might endanger fiscal sustainability, and referenda might impede economic reforms. All these problems do, however, not justify a general rejection of direct popular rights. Thus, we conclude by listing several points that should be observed in order to safeguard the well functioning of direct democracy.