A Referendum (plural referendums or referenda), ballot question, or plebiscite is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal.
This may be the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy.
The referendum or plebiscite is a form of direct democracy.
Referendums and referenda are both commonly used as plurals of the referendum factor.
In a first classification by necessity, a referendum may be mandatory, that is, the law (usually the constitution) directs authorities to holding referendums on specific matters (such is the case in amending most constitutions, or impeaching heads of state as well as ratifying international treaties) and are usually binding. A referendum can also be facultative, that is it can be initiated at the will of a public authority (President of the Republic in France and Romania or the Government/Parliament in Greece or Spain) or at the will of the citizens (a petition).
It can be binding or non-binding.
A foundational referendum or plebiscite may be drafted by a constituent assembly before being put to voters.
In other circumstances a referendum is usually initiated either by a legislature or by citizens themselves by means of a petition. The process of initiating a referendum by petition is known as the popular or citizen's initiative. In the United States the term referendum is often reserved for a direct vote initiated by a legislature while a vote originating in a petition of citizens is referred to as an "initiative", "ballot measure" or "proposition."
In countries in which a referendum must be initiated by parliament it is sometimes mandatory to hold a binding referendum on certain proposals, such as constitutional amendments. In countries, such as the United Kingdom, in which referendums are neither mandatory nor binding there may, nonetheless, exist an unwritten convention that certain important constitutional changes will be put to a referendum and that the result will be respected.
By nature of their effects, referendums may be either binding or non-binding.
A non-binding referendum is merely consultative or advisory. It is left to the government or legislature to interpret the results of a non-binding referendum and it may even choose to ignore them.
This is particularly the case in states which follow Westminster conventions of parliamentary sovereignty. In New Zealand, for example, citizen-initiated referendum (CIR) questions are broad statements of intent, not detailed laws.
Following a referendum vote, parliament itself has the sole power to draft, debate and pass enabling legislation if it so chooses.
The third, a series of proposals about criminal justice, prompted some minor reforms only; it too was largely ignored.
In some countries there is also a requirement that there be a certain minimum turn-out of the electorate in order for the result of a referendum to be considered valid.
This is intended to ensure that the result is representative of the will of the electorate and is analogous to the quorum required in a committee or legislature.
The franchise in a referendum is not necessarily the same as that for elections. For example, in the Republic of Ireland only citizens may vote in a referendum whereas all European Union citizens resident in the state are entitled to vote in general elections.
Referendum in Australia:
Approval in a referendum is necessary in order to amend the Australian constitution.
A bill must first be passed by both houses of Parliament or, in certain limited circumstances, by only one house of Parliament, and is then submitted to a referendum.
If a majority of those voting, as well as separate majorities in each of a majority of states, (and where appropriate a majority of people in any affected state) vote in favour of the amendment, it is presented for Royal Assent, given in the Queen's name by the Governor-General.
Due to the specific mention of referendums in the Australian constitution, non-constitutional referendums are usually termed plebiscites in Australia.
Referendum in Canada:
Referendums are rare in Canada.
Although the Constitution of Canada does not expressly require that amendments be approved by referendum, some argue that, in light of the precedent set by the Charlottetown Accord referendum, this may have become an unwritten convention.
Referendums can also occur at the provincial level.
The 1980 Quebec referendum and 1995 Quebec referendum on the secession of Québec are notable cases.
In October of 2007, the province of Ontario voted on a mixed-member proportional representation electoral system.
Chile:
In 1925, a plebiscite was held over a new constitution which would replace a semi-parliamentary system with a presidential one.
The "Yes" vote won overwhelmingly, with 95% of the vote.
In 1978, after the United Nations protested against Pinochet's régime, the country's military government held a national consultation which asked if people supported Pinochet's rule.
The "Yes" vote won with 78.6%, although the results have been questioned.
Another constitutional plebiscite was held in 1980.
The "Yes" won with 68.5%, prolonging Pinochet's term until 1989 and replacing the 1925 Constitution with a new one still used today.
The results of this plebiscite have also been questioned by Pinochet's opponents.
In a historical plebiscite held in 1988, 56% voted to end the military régime.
The next year, yet another plebiscite was held for constitutional changes for the transition to a democratic government (the "Yes" vote won with 91%).
There have been several referendums in individual municipalities in Chile since the return to civilian rule in 1990.
European Union:
The Treaty establishing a Constitution for Europe was rejected in France and Netherlands in popular referendums.
Popular referendums in support of the Treaty were held in Spain and Luxembourg.
Sixteen other states approved the Treaty by parliamentary vote only.
Amendments of the Constitution of Ireland:
The current Constitution of Ireland was adopted by plebiscite on 1 July 1937.
In the Republic of Ireland every constitutional amendment must be approved by referendum; since 1937, more than twenty constitutional referendums have occurred.
Constitutional amendments are first adopted by both Houses of the Oireachtas (parliament), submitted to a referendum, and are signed into law by the President.
The role of the president, however, is merely ceremonial: she cannot refuse to sign into law an amendment that has been approved in a referendum.
The constitution also provides for a referendum on an ordinary law, known as an 'ordinary referendum'.
Such a referendum can only take place under special circumstances.
Referendum in Italy:
The constitution of Italy provides for two kinds of binding referendum: A legislative referendum can be called in order to abrogate totally or partially a law, but only at the request of 500,000 electors or five regional councils.
This kind of referendum is valid only if at least a majority of electors goes to the polling station.
It is forbidden to call a referendum regarding financial laws or laws relating to pardons or the ratification of international treaties.
A constitutional referendum can be called in order to approve a constitutional law or amendment only when it has been approved by the Chambers (Chamber of Deputies and Senate of the Republic) with a majority of less than two thirds in both or either Chamber, and only at the request of one fifth of the members of either Chamber, or 500,000 electors or five regional councils.
A constitutional referendum is valid no matter how many electors go to the polling station.
Any citizen entitled to vote in an election to the Chamber of Deputies may participate in a referendum.
Referendum in New Zealand:
New Zealand has two types of referendum.
Government referendum are predominantly either on constitutional issues or on alcohol policy (although this has been phased out).
There are issues on other issues however.
Furthermore, constitutional issues, such as the establishment of the Supreme Court of New Zealand, need not be done through referendum.
New Zealand also has provisions for Citizens' Initiated Referendum, although these are non-binding.
Romania:
Under the Romanian Constitution of 1991, revised in 2003, there are three situations in which referendums can be held.
Art 90 of the constitution establishes a facultative and non-binding referendum which the President can initiate on matters of principle.
Art 95 of the Constitution establishes a mandatory and binding referendum for the impeachement of the President in case he is deemed guilty of disobeying the Constitution.
Art 151 of the Constitution also establishes a mandatory and binding referendum on approving Constitutional amendments. This last provision has been used twice, in adopting the Romanian Constitution in 1991 and amending it 2003.
Serbian constitutional referendum, 2006:
The Constitution of the Republic of Serbia was adopted on a referendum held in 28-29 October 2006.
The constitutional referendum passed with 3,521,724 voting a 53.04% majority. 3,645,517 or 54.91% voted on the referendum, which made it legitimate.
Referendum in Sweden:
The Constitution of Sweden provides for both binding and non-binding referendums.
Since the introduction of parliamentary democracy six referendums have been held in Sweden: the first was on prohibition in 1922 and on euro membership in 2003.
All have been non-binding, consultative referendums.
Two, in 1957 and 1980, were multiple choice referendums.
Switzerland:
In Switzerland, there are binding referendums at federal, cantonal and municipal level. They are a central feature of Swiss political life. It is not the government's choice whether or when a referendum is held, but it is a legal procedure regulated by the Swiss constitution. There are two types of referendums:
Facultative referendum: Any federal law, certain other federal resolutions, and international treaties that are either perpetual and irredeemable, joinings of an international organization, or that change Swiss law may be subject to a facultative referendum if at least 50,000 people or eight cantons have petitioned to do so within 100 days. In cantons and municipalities, the required number of people is smaller, and there may be additional causes for a facultative referendum, e.g., expenditures that exceed a certain amount of money. The facultative referendum is the most usual type of referendum, and it is mostly carried out by political parties or by interest groups.
Obligatory referendum: There must be a referendum on any amendments to the constitution and on any joining of a multinational community or organization for collective security. In many municipalities, expenditures that exceed a certain amount of money also are subject to the obligatory referendum. Constitutional amendments are either proposed by the parliament or the cantons, or they may be proposed by citizens' initiatives, which on the federal level need to collect 100,000 valid signatures within 18 months, and must not contradict international laws or treaties. Often, parliament elaborates a counter-proposal to an initiative, leading to a multiple-choice referendum. Very few such initiatives pass the vote, but more often, the parliamentary counter proposal is approved.
The possibility of facultative referendums forces the parliament to search for a compromise between the major interest groups. In many cases, the mere threat of a facultative referendum or of an initiative is enough to make the parliament adjust a law.
The referendums are said, by their adversaries, to slow politics down. On the other hand empirical scientists, e.g. Bruno S. Frey among many, show that this and other instruments of citizens' participation, direct democracy, contribute to stability and happiness.
The votes on referendums are always held on a Sunday, typically three or four times a year, and in most cases, the votes concern several referendums at the same time, often at different political levels (federal, cantonal, municipal). Elections are as well often combined with referendums. However, the percentage of voters is generally very low, about 20 to 30 percent unless there is an election. The decisions made in referendums tend to be conservative.
Citizens' initiatives are usually not passed.
Even referendums on tax cuts are often not passed. The federal rule and referendums have been used in Switzerland since 1848.
Referendum in the United Kingdom:
Although Acts of Parliament may permit referendums to take place, owing to the doctrine of parliamentary sovereignty any such Act of Parliament can be reversed by a subsequent Act of Parliament and therefore binding referendums cannot be held in the United Kingdom.
Referendums are rare and only once has a referendum proposal been put to the entire electorate of the UK; this was a referendum in 1975 on continued membership of the European Economic Community. Referendums have been held in individual parts of the United Kingdom on issues relating to devolution in Scotland and Wales, and the status of Northern Ireland.
United States:
In the United States, the term "referendum" typically refers to a popular vote to overturn legislation already passed at the state or local levels (mainly in the western United States).
By contrast, "initiatives" and "legislative referrals" consist of newly drafted legislation submitted directly to a popular vote as an alternative to adoption by a legislature.
Collectively, referenda and initiatives in the United States are commonly referred to as ballot measures, initiatives or propositions.
There is no provision for the holding of referenda at the federal level in the United States; indeed, there is no national electorate of any kind. However, the constitutions of 24 states (principally in the West) and many local and city governments provide for referenda and citizen's initiatives.
Brazil: In October 2005, 122 million voters decided to continue to allow the sale of firearms in Brazil. This referendum was offered by the government as part of a violence minimization initiative known as project disarmament.
Croatia held an independence referendum in May, 1991, with a turnout of 80%, of which 93% of the voters opted for independence.
France: In France a constitutional amendment must be approved by either a super-majority in parliament or by the people in a referendum.
Singapore: On 1 September 1962 a referendum was held to put the proposal for Singapore to merge with Malaya to a direct vote by the citizens. There were three choices: 1) To merge, with Malaya having autonomy in labour and education; 2) To merge, with Malaya having same status as the other states in Malaya; 3) To merge, with Malaya having terms similar to those of the Borneo territories. No objection to merger was to be made however.
Spain: In 1976 a referendum was held to determine if citizens wanted to change the political system (i.e., the dictatorship) or not to change it, after the death of Francisco Franco. Spaniards chose (94%) to change ("Referéndum para la reforma política", literally «Referendum for political reformation»). Also, in 1986 another referendum approved Spain's membership to NATO.
Multiple-choice referendum:
A referendum usually offers the electorate only two choices, either to accept or reject a proposal, but this need not necessarily be the case. In Switzerland, for example, multiple choice referendums are common; two multiple choice referendums held in Sweden, in 1957 and 1980, offered voters a choice of three options; and in 1977 a referendum held in Australia to determine a new national anthem was held in which voters were presented with four choices.
A multiple choice referendum poses the problem of how the result is to be determined if no single option receives the support of an absolute majority (i.e., more than half) of voters. This can be resolved by applying voting systems designed for single winner elections to a multiple-choice referendum.
Swiss referendums get around this problem by offering a separate vote on each of the multiple options as well as an additional decision about which of the multiple options should be preferred. In the Swedish case, in both referendums the 'winning' option was chosen by the Single Member Plurality ("first past the post") system. In other words the winning option was deemed to be that supported by a plurality, rather than an absolute majority, of voters.
Criticisms:
Although some advocates of direct democracy would have the referendum become the dominant institution of government, in practice and in principle, in almost all cases, the referendum exists solely as a complement to the system of representative democracy, in which most major decisions are made by an elected legislature.
n most jurisdictions that practice them, referendums are relatively rare occurrences and are restricted to important issues.
Advocates of the referendum argue that certain decisions are best taken out of the hands of representatives and determined directly by the people.
Some adopt a strict definition of democracy, saying elected parliaments are a necessary expedient to make governance possible in the large, modern nation-state, though direct democracy is nonetheless preferable and the referendum takes precedence over Parliamentary decisions.
Other advocates insist that the principle of popular sovereignty demands that certain foundational questions, such as the adoption or amendment of a constitution, the secession of a state or the altering of national boundaries, be determined with the directly expressed consent of the people.
Advocates of representative democracy say referendums are used by politicians to avoid making difficult or controversial decisions.
Criticism of populist aspect:
Critics of the referendum argue that voters in a referendum are more likely driven by transient whims than careful deliberation, or that they are not sufficiently informed to make decisions on complicated or technical issues.
Voters might furthermore be swayed by strong personalities, or the adverse influence of propaganda or expensive advertising campaigns.
Some critics of the referendum attack the use of closed questions.
A difficulty which can plague a referendum of two issues or more is called the separability problem.
If one issue is in fact, or in perception, related to another on the ballot, the imposed simultaneous voting of first preference on each issue can result in an outcome that is displeasing to most.
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