OBMEDZENIE PARTICIPAČNEJ DEMOKRACIE V USA
Limitation of participatory democracy in the United States
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Referendum and initiative as integral parts of participatory democracy are the key elements in preserving retained powers of the people. Diminishing the ability to guard they will by refusing to defend the outcomes of state popular vote in federal courts, leaves open question about interpretation of standing doctrines by United States Supreme Court. The same sex marriage cases present an example of different standards set by the highest court in this area. Hollingsworth v. Perry decision, stating that the official proponents of the initiative lack standing to appeal the judgement of the District Court undermines the principles of the initiative process, hence the whole concept of popular sovereignty.
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Publication order reference