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The Political Constitution of the Republic of Chile of 1980 is the fundamental law in force in Chile. It was approved and promulgated under the military dictatorship headed by Augusto Pinochet, being ratified by the Chilean citizenry through a referendum on September 11, 1980, although being held under restrictions and without electoral registers. While 69% of the population was reported to have voted yes, the vote was questioned by hundreds of denunciations of irregularities and fraud. The constitutional text took effect, in a transitory regime, on March 11, 1981, and then entered into full force on March 11, 1990, with the return to electoral democracy. It was amended for the first time in 1989, and afterward in 1991, 1994, 1997, each year from 1999 to 2001, 2003, each year from 2007 to 2015, and each year from 2017 to 2021, with the last three amendments concerning the constituent process of 2020–2022. In September 2005, under Ricardo Lagos's presidency, a large amendment of the Constitution was approved by parliamentarians, removing from the text some of the less democratic dispositions coming from Pinochet's regime, such as senators-for-life and appointed senators, as well as the armed forces' warranty of the democratic regime.
A popular initiative is a form of direct democracy by which a petition meeting certain hurdles can force a legal procedure on a proposition. The hurdles the petition has to meet vary between countries, typically signatures by a certain number of registered voters.
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document.
In the politics of the United States, the process of initiatives and referendums allow citizens of many U.S. states to place legislation on the ballot for a referendum or popular vote, either enacting new legislation, or voting down existing legislation. Citizens, or an organization, might start an initiative to gather a predetermined number of signatures to qualify the measure for the ballot. The measure is placed on the ballot for the referendum, or actual vote.
In Australia, referendums are public votes held on important issues where the electorate may approve or reject a certain proposal. In contemporary usage, polls conducted on non-constitutional issues are known as plebiscites, with the term referendum being reserved solely for votes on constitutional changes, which is legally required to make a change to the Constitution of Australia.
A constitutional referendum was held in France on 21 October 1945. Voters were asked whether they approved of the Assembly elected on the same day serving as a Constituent Assembly, and whether until a new constitution was approved, the country would be governed according to a proposed set of laws that appeared on the ballot paper. If the first proposal had not been approved, the Third Republic would have been restored, but its approval led to the elected Assembly drafting a constitution and proposing it to the people a year later, resulting in the creation of the Fourth Republic. Both were approved by wide margins with a turnout of 79.8%.
A constitutional referendum was held in France on 5 May 1946. Voters were asked whether they approved of a new draft Constitution proposed by the Constituent Assembly elected in 1945.
A constitutional referendum was held in France on 13 October 1946. Voters were asked whether they approved of a new constitution proposed by the Constituent Assembly elected in June. Unlike the May referendum, which saw a previous constitutional proposal rejected, the new Constitution of 27 October 1946 was accepted by 53.2% of voters, and brought the Fourth Republic into existence. Voter turnout was 67.6%.
A constitutional referendum was held in France on 28 September 1958. Voters were asked whether they approved of the adoption of a constitution for the French Fifth Republic written by Charles de Gaulle. It was overwhelmingly approved, with 82.6% in favour. Voter turnout was 84.9% in metropolitan France and 79.8% overall.
Proposition 7 of 1911 was an amendment of the Constitution of California that introduced, for the first time, the initiative and the optional referendum. Prior to 1911 the only form of direct democracy in California was the compulsory referendum.
A nationwide referendum was held in Moldova on 5 September 2010 on whether or not the country should amend the Constitution of Moldova to return to direct popular election of the president. Since 2001, the president had been indirectly elected by Parliament, with a supermajority of 61 seats required for election. The voters are asked to answer the following question: "Would you agree with the Constitutional amendment, which would allow the election of the President of the Republic of Moldova by the entire population?" Voters chose one of the proposed options: "Yes (for)" or "No (against)". Of those who had cast their vote, 87.83% chose "Yes". However, the referendum did not pass because only 30.29% of voters turned out, short of the necessary 33% for the referendum to be considered valid.
A constitutional referendum was held in Egypt on 19 March 2011, following the 2011 Egyptian revolution. More than 14 million (77%) were in favour, while around 4 million (23%) opposed the changes; 41% of 45 million eligible voters turned out to vote.
Five referendums were held in Switzerland in 1891. The first was held on 15 March on a federal law on federal officials who had become unemployable due to disability, and was rejected by 79.4% of voters. The second was held on 5 July on a constitutional amendment, and was approved by 60.3% of voters. Two referendums were held on 18 October, one on revising article 39 of the federal constitution and one on a federal law on Swiss tariffs; both were approved. The last was held on 6 December on the question of whether the federal government should purchase the Swiss Central Railway, but was rejected by 68.9% of voters.
A non-binding constitutional referendum was held in Iceland on 20 October 2012. As a part of the 2010–2013 constitutional reform, and upon recommendation by the Constitutional Assembly, voters were asked whether they approved of six proposals included in a new draft constitution of Iceland. All six questions were approved by voters. The passing of Question 3 regarding the inclusion of a national church in the constitution was the only provision that went against the Constitutional Assembly's recommendations.
A constitutional referendum was held in the Helvetic Republic on 25 May 1802. Unlike the constitution approved in 1798, the new constitution, known as the Malmaison constitution, did not provide for any referendums. Non-voters were assumed to have voted in favour of the new constitution, a measure put in place to prevent its rejection. As a result, 72.17% of voters were deemed to be in favour.
A constitutional referendum was held in Uruguay on 29 November 1942, alongside general elections. The new constitution was approved by 77.17% of voters.
A constitutional referendum was held in the Philippines on 14 November 1967. On 16 March 1967 Congress decided that a Constitutional Convention would be elected in 1971. In preparation for the election, two amendments to the constitution were proposed beforehand. Voters were asked whether they approved of two amendments to the Constitution of the Philippines; one to increase the number of members of the House of Representatives from 120 to 180, and one to allow members of Congress to be elected to Constitutional Conventions without giving up their Congress seats. A petition seeking to stop the referendum was filed before the Supreme Court, but was dismissed five days before the referendum. Both proposals were rejected by voters.
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This article summarises referendum laws and practice in various countries.
The 1970 Virginia State Elections took place on Election Day, November 3, 1970, the same day as the U.S. Senate and U.S. House elections in the state. The only statewide elections on the ballot were four constitutional referendums to amend the Virginia State Constitution. All referendums were referred to the voters by the Virginia General Assembly.
A referendum on holding a constitutional convention was held in the US Virgin Islands on 3 November 2020 alongside general elections. 72% of voters responding to the referendum question voted in favor and turnout was above the threshold required.
References
- ↑ Dolf Sternberger, Bernhard Vogel, Dieter Nohlen & Klaus Landfried (1969) Die Wahl der Parlamente: Band II: Afrika, Zweiter Halbband, p2463 (in German)
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