Home > 1. The principles of Europe's electoral heritage > KYRGYZ REPUBLIC- Joint Opinion on the Draft Law "On Introduction of Amendments and Changes to the Constitution"
 
 
 
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Paragraph 25
 

Such an interpretation would be in line with good practices and earlier comments made by the OSCE/ODIHR and the Venice Commission, which have warned against holding constitutional referenda without a prior qualified majority vote in Parliament. Indeed, the failure to hold a parliamentary debate prior to a referendum could expose this instrument of direct democracy to polemics, misleading information and abuse of democracy if not carefully managed in accordance with generally accepted democratic rules. As highlighted by the OSCE/ODIHR and the Venice Commission in the past, “provisions outlining the power to amend the Constitution […] may heavily influence or determine fundamental political processes. In addition to guaranteeing constitutional and political stability, provisions on qualified procedures for amending the constitution aim at securing broad consensus; this strengthens the legitimacy of the constitution and, thereby, of the political system as a whole. It is of utmost importance that these amendments are introduced in a manner that is in strict accordance with the provisions contained in the Constitution itself”. In any case, the competent state authorities must direct their efforts towards ensuring inclusive discussions on the intended amendments, and provide a necessary period for reflection as well as adequate time for the preparation of a referendum (where applicable).