Legal framework for the referendum on self-determination Study in international and constitutional law

Abstract

The principle of the right to self-determination is one of the international principles enshrined in  the UN Charter, and reaffirmed in many international and regional treaties. The objective of the exercise of the right of peoples to self-determination is the establishment of a sovereign independent state. This is done either by resorting to peaceful means or by the use of force. However, the use of force is regarded contrary to international law in accordance with the Article 2(4) of the UN Charter. The
Charter does not specify the means by which self-determination can be declared, but international action provides us with pictures of these methods, including the referendum by people. The international organizations paid great attention to the issue of the referendum as a means of self-determination. The UN organization considered the referendum the best way for the application of the right of peoples to self-determination and manifested through decisions by the United Nations issued in this regard, as this issue has not been devoid of the concerns of scholars of international law. The referendum by people reflects the most important aspects of the evolution of political life in semi-direct democratic systems. The semi-direct democracy is depending on the election of representative by the people. But the representatives have not been left with the freedom to act, but
the people have a great role in contributing to the affairs of government and political decision-making. The referendum on self-determination is regarded in the field of constitutional law, as one of the most important examples of the application of referendums, especially after the principle of political self-determination of peoples has become a fundamental human political right. We discussed in this research, through comparative and analysis, the different dimensions of the right of participation in referendum in international and constitutional laws.