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The ECJ first articulated the doctrine of direct effect in the case of Van Gend en Loos, [1] the European Court of Justice laid down the criteria (commonly referred to as the "Van Gend criteria") for establishing direct effect. The EU article provision had to be: clear, negative (a negative rather than a positive obligation) unconditional,
Semi-direct democracies, in which representatives administer day-to-day governance, but the citizens remain the sovereign, allow for three forms of popular action: referendum (plebiscite), initiative, and recall. The first two forms—referendums and initiatives—are examples of direct legislation. [3]
A leading advocate of direct democracy was William S. U'Ren, who pressed the issue within the Oregon through the Direct Legislation League. [9] However, it was not all successful. Most notably, residents of Texas rejected the referendum because the version put on the ballot by the legislature required 20% of the vote.
Direct applicability is often confused with the doctrine of direct effect. This confusion is perhaps explained by reference to the treaty provision governing regulations which provides that they, and only they, have direct applicability within the member states. The early jurisprudence of the ECJ suggested that 'direct effect' was a consequence ...
Decision-making must be "proportionate" toward a legitimate aim when reviewing any discretionary act of a government or powerful body, for example, if a government wishes to change an employment law in a neutral way, yet this could have disproportionate negative impact on women rather than men, the government must show a legitimate aim, and ...
The independent state legislature theory or independent state legislature doctrine (ISL) is a judicially rejected legal theory that posits that the Constitution of the United States delegates authority to regulate federal elections within a state to that state's elected lawmakers without any checks and balances from state constitutions, state courts, governors, ballot initiatives, or other ...
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The form of government of any particular state largely determines how its domestic policy is formed and implemented. Under authoritarian governments, a ruling group may pursue its domestic policy goals without the input or consent of the people being governed. But in parliamentary democratic societies, the will of citizens has a much greater ...