Irish legal framework on European referendums – Case-law – Judicial activism – No appropriate legislative reaction – Essential scope or objectives test – Constitutional amendment necessary if test not met – Single Act – Pressure for referendum at each new treaty – Political implications – Positive and negative sides of referendums – Referendum-elites – Government sidelined – Equal access to broadcasting – Issues of equality – Diminished role of political parties

Leipzig 1989: dissolution of the East German state people or Staatsvolk – Karlsruhe 2020: dissolution of the German people – Courts and the people as a neglected constitutional relationship – Bundesverfassungsgericht's versions of the people – Analysis of the concept of people – Forms of action – Political people breaks down into two: original and electoral people – Marbury v. Madison – Duality as a matter of doctrine and principle – Duality in Lissabon Urteil – Conflation and reduction of authority to vote – Subordination of electoral to original people – The Court's logic pushed into motion – Exposing the constitution

Historical background of the Italian Constitution – Main features – Golden age of constitutional enforcement – Italian political renewal – Fathers and sons – The great reform proposal – The 2006 referendum – The upshot.

The Danish ‘no’ after Maastricht. Key role of negotiations between political parties towards ‘national compromise’ with main ‘no’-party. Exceptions to be negotiated at Edinburgh. The Edinburgh Agreement as closing off alternative developments or options for Denmark. The legal status debated, but most probably of international agreement. Intensified parliamentary scrutiny as result. Particular circumstances made acceptance in a second referendum possible.

Part One: Referenda required to amend Irish Constitution. Referenda on accession to EEC, the Single European Act, Maastricht and Amsterdam. Development by courts of rules for fairness of referendum campaigns. Referendum Acts and Referendum Commission.

Part Two: First Nice Referendum dominated by euro-anxiety, Irish neutrality and enlargement. Second referendum on same subject not unusual and acceptable according to domestic criteria. Concessions and clarifications. Effect on the Convention on the Future of Europe.

Part Three: implications for the Constitutional Treaty.

The 2014 referendum: Towards a consensual process – The Edinburgh Agreement: framing the referendum process – Process rules and key issues – After the referendum: Scotland's status under international law – Secession under international law – Membership of international organisations, especially the European Union

On 21 September 1792, at Danton's proposal, the French National Assembly declared that ‘there can be no constitution but one approved by the people’. In France, the idea of direct democracy dates back to the Revolution. However, due to the Terror and the practice under Napoleonic Empires, in which they were turned into plebiscites, referendums acquired a negative connotation. Under the Vth Republic, De Gaulle turned referendums into an instrument of personalisation and presidentialisation, and since his day, there have been few referendums staged. In 10 years of office, President Jacques Chirac only used it twice with much less success and political courage.

Origin of referendum discussion in the Convention. The national debate on referenda. The crucial role of the liberal party. Referendum bill private members initiative. Referendum Act an ad hoc consultative referendum. Referendum the first opportunity for a broad political debate on the EU. Complacency and disorganised arguments of the ‘yes’ campaign. First analyses of referendum.

Dutch government disoriented and confused. Confusion and surprise are normal. Confusion becomes visible. Gapap between authorities and people is part of political life. Citizenship aspects. Citizenship cannot be produced. Community of fate. Institutions and routines needed.