The right to vote in a referendum, as defined in the third paragraph of Article 90 of the Constitution of the Republic of Slovenia (hereinafter: the Constitution), is the basic starting point of direct referendum democracies, which represents the basis for the exercise of human rights and fundamental freedoms in political development. Like the right to vote, it is a fundamental constitutional right and, in substance, also the closest to the right to vote. It is exercised in a referendum procedure, when it is called in accordance with conditions determined by the Constitution (the first and the second paragraph of Article 90 of the Constitution). Pursuant to the Article 23rd of the Constitutions, judicial protection must be provided. Since this right is also protected as a human right by the Article 44 of the Constitution, it is subject to the fourth paragraph of Article 15 of the Constitution. Therefore a formal and theoretical recognition of human rights is not sufficient, but as prescribed in Article 15 of the Constitution, conditions for an efficient and actual implementation of human rights must be secured. The position on the right to vote in a referendum as a human right is not uniformly adopted. Nevertheless, the principle of the rule of law (Article 2 of the Constitution) defines that the legislator must regulate the right clearly and by name. The latter is necessary for the effective exercise of the right to judicial protection of the right to vote in a referendum, which is intended to ensure the fairness of the proceedings and the credibility of the referendum results, which consequently restore people's confidence in the fair conduct of the referenda, which further legitimizes the referendum decision. Its judicial protection is guaranteed in a referendum dispute, which is a special form of judicial protection, similar in nature to an electoral dispute. The Constitutional Court of the Republic of Slovenia (hereinafter: the Constitutional Court) further supervises the constitutionality of regulations, procedures and decisions related to the right to vote in a referendum. Despite the lack of case law in this area, the regulation of the judicial protection of the right to vote in a referendum has proven to be one of the major weaknesses of our regulation in the first referendum dispute. Moreover, the protection of the right to vote in a referendum is not only lacking, it is also vague, inconsistent or does not regulate individual issues at all. The existing judicial protection of the right to vote in a referendum should receive due and comprehensive attention from the legislature.