Referendum

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(Top to bottom):
Ballots for the 2016 Ivorian constitutional referendum; Flyer for a 1971 Seattle referendum; The 1946 referendum in Italy deciding on republic or monarchy.

A referendum (pl.: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a new policy or specific law, or the referendum may be only advisory. In some countries, it is synonymous with and also known as plebiscite, votation,popular consultation, ballot question, ballot measure, or proposition.

Contents

Some definitions of 'plebiscite' suggest it is a type of vote to change the constitution or government of a country. [1] The word, 'referendum' is often a catchall, used for both legislative referrals and initiatives.

Etymology

'Referendum' is the gerundive form of the Latin verb referre , literally "to carry back" (from the verb ferre , "to bear, bring, carry" plus the inseparable prefix re-, here meaning "back" [2] ). As a gerundive is an adjective, [3] not a noun, [4] it cannot be used alone in Latin, and must be contained within a context attached to a noun such as Propositum quod referendum est populo, "A proposal which must be carried back to the people". The addition of the verb sum (3rd person singular, est) to a gerundive, denotes the idea of necessity or compulsion, that which "must" be done, rather than that which is "fit for" doing. Its use as a noun in English is not considered a strictly grammatical usage of a foreign word but is rather a freshly coined English noun, which follows English grammatical usage, not Latin grammatical usage. This determines the form of the plural in English, which according to English grammar should be "referendums". The use of "referenda" as a plural form in English (treating it as a Latin word and attempting to apply to it the rules of Latin grammar) is unsupportable according to the rules of both Latin and English grammar. The use of "referenda" as a plural form is posited hypothetically as either a gerund or a gerundive by the Oxford English Dictionary , which rules out such usage in both cases as follows: [5]

Referendums is logically preferable as a plural form meaning 'ballots on one issue' (as a Latin gerund, [6] referendum has no plural). The Latin plural gerundive 'referenda', meaning 'things to be referred', necessarily connotes a plurality of issues. [7]

It is closely related to agenda, "those matters which must be driven forward", from ago , to impel or drive forwards; and memorandum, "that matter which must be remembered", from memoro , to call to mind, corrigenda, from rego , to rule, make straight, those things which must be made straight (corrected), etc.

The term 'plebiscite' has a generally similar meaning in modern usage and comes from the Latin plebiscita, which originally meant a decree of the Concilium Plebis (Plebeian Council), the popular assembly of the Roman Republic. Today, a referendum can also often be referred to as a plebiscite, but in some countries the two terms are used differently to refer to votes with differing types of legal consequences. [8]

In Australia, a 'referendum' is often said to be a vote to change the federal constitution and 'plebiscite' a vote which does not affect the federal constitution. [8] However, this is erroneous as not all federal referendums have been on constitutional matters (such as the 1916 Australian conscription referendum), and state votes that likewise do not affect either the federal or state constitution are frequently said to be referendums (such as the 2009 Western Australian daylight saving referendum). Historically, they are used by Australians interchangeably and a plebiscite was considered another name for a referendum. [9] [10] [11]

In Ireland, 'plebiscite' referred to the vote to adopt its constitution, but a subsequent vote to amend the constitution is called a 'referendum', as is a poll of the electorate on a non-constitutional bill.

History

The name and use of the 'referendum' is thought to have originated in the Swiss canton of Graubünden as early as the 16th century. [12] [13]

After a reduction in the number of referendums in the Mid-twentieth century, the referendum as a political tool has been increasing in popularity since the 1970s. This increase has been attributed to dealignment of the public with political parties, as specific policy issues became more important to the public than party identifiers. [14]

Types of referendums

Classification

The term "referendum" covers a variety of different meanings, and the terminology is different depending on the us that holds them. A referendum can be binding or advisory. [15] In some countries, different names are used for these two types of referendum. Referendums can be further classified by who initiates them. [16]

David Altman proposes four dimensions that referendums can be classified by: [17]

Mandatory referendums

A mandatory referendum is a class of referendum required to be voted on if certain conditions are met or for certain government actions to be taken. They do not require any signatures from the public. In areas that use referendums a mandatory referendum is commonly used as a legally required step for ratification for constitutional changes, ratifying international treaties and joining international organizations, and certain types of public spending. [18]

Typical types of mandatory referendums include:

Optional referendum

An optional referendum is a class of referendums that is put to the vote as a result of a demand. This may come from the executive branch, legislative branch, or a request from the people (often after meeting a signature requirement).

Types of optional referendums include:

Rationale

From a political-philosophical perspective, referendums are an expression of direct democracy, but today, most referendums need to be understood within the context of representative democracy. They tend to be used quite selectively, covering issues such as changes in voting systems, where currently elected officials may not have the legitimacy or inclination to implement such changes.

Referendums by country

Since the end of the 18th century, hundreds of national referendums have been organised in the world; [21] almost 600 national votes have been held in Switzerland since its inauguration as a modern state in 1848. [22] Italy ranks second with 78 national referendums: 72 popular referendums (51 of which were proposed by the Radical Party), 4 constitutional referendums, one institutional referendum and one advisory referendum. [23]

Referendums by issue

Civil rights referendum

A civil rights referendum or human rights referendum is any act of direct democracy which allows for a vote on the granting or amendment of current civil rights, liberties or associations as recognized by a government. Such referendums have frequently been proposed as a means by which the majority of the voting public in a polity, rather than the judicial or legislative chambers of government, could determine what the state should recognize or carry out, while such referendums have been strongly criticized by civil rights organizations and professional bodies as means by which the majority of the public could vote on the rights of a vulnerable minority according to contemporary prejudices.

Financial referendum

The financial referendum (also known as a budget referendum) is a form of the referendum and an instrument of direct democracy. It always relates to parts of the public budget of a government and allows citizens to vote directly on individual budget items.

Mining referendum

A mining referendum is a direct and universal vote in which an entire electorate is invited to vote on a mining proposal. Mining referendums have been held in Tambo Grande, Peru in 2002, [24] Esquel, Argentina in 2003, [24] [25] and Cuenca, Ecuador in 2021. [26] [27] [28] In each of the three cases the local community rejected the establishment of new mines in their territory. [24] [26]

Independence referendum

An independence referendum is a type of referendum in which the residents of a territory decide whether the territory should become an independent sovereign state. An independence referendum that results in a vote for independence does not always ultimately result in independence.
This is a list of referendums related to the European Union, or referendums related to the European Communities, which were predecessors of the European Union. Since 1972, a total of 48 referendums have been held by EU member states, candidate states, and their territories, with several additional referendums held in countries outside the EU. The referendums have been held most commonly on the subject of whether to become a member of European Union as part of the accession process, although the EU does not require any candidate country to hold a referendum to approve membership or as part of treaty ratification. Other EU-related referendums have been held on the adoption of the euro and on participation in other EU-related policies.

Referendum design and procedure

Multiple-choice referendums

A referendum usually offers the electorate a straight choice between accepting or rejecting a proposal. However some referendums give voters multiple choices, and some use transferable voting. This has also been called a preferendum when the choices given allow the voters to weight their support for a policy. [29]

In Switzerland, for example, multiple choice referendums are common. Two multiple choice referendums were held in Sweden, in 1957 and in 1980, in which voters were offered three options. In 1977, a referendum held in Australia to determine a new national anthem was held, in which voters had four choices. In 1992, New Zealand held a five-option referendum on their electoral system. In 1982, Guam had a referendum that used six options, with an additional blank option for those wishing to (campaign and) vote for their own seventh option.

A multiple choice referendum poses the question of how the result is to be determined. They may be set up so that if no single option receives the support of an absolute majority (more than half) of the votes, resort can be made to the two-round system or instant-runoff voting, which is also called IRV and PV.

In 2018 the Irish Citizens' Assembly considered the conduct of future referendums in Ireland, with 76 of the members in favour of allowing more than two options, and 52% favouring preferential voting in such cases. [30] Other people regard a non-majoritarian methodology like the Modified Borda Count (MBC) as more inclusive and more accurate.

Swiss referendums offer 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. In the 1977 Australian referendum, the winner was chosen by the system of preferential instant-runoff voting (IRV). Polls in Newfoundland (1949) and Guam (1982), for example, were counted under a form of the two-round system, and an unusual form of TRS was used in the 1992 New Zealand poll.

Although California has not held multiple-choice referendums in the Swiss or Swedish sense (in which only one of several counter-propositions can be victorious, and the losing proposals are wholly null and void), it does have so many yes-or-no referendums at each election day that conflicts arise. The State's constitution provides a method for resolving conflicts when two or more inconsistent propositions are passed on the same day. This is a de facto form of approval voting—i.e. the proposition with the most "yes" votes prevails over the others to the extent of any conflict.

Other voting systems that could be used in multiple-choice referendum are Condorcet method and quadratic voting (including quadratic funding).

Electronic referendum

Electronic referendum (or E-referendum) is a referendum in which voting is aided by electronic means. E-referendum employs information and communication technology such as the Internet (I-voting) or digital telephones, rather than a classical ballot box system. [31] Traditionally, e-referendum is organised by governmental bodies but nowadays, there even exist private companies which can facilitate online referendums or other types of e-voting. [32]

Quorum

Nedko Solakov's artistic and humouristic project "Referendum against referendums", for the Swiss Sculpture Exhibition Utopics in 2009 Nedko.Selakov-Utopics-photo-G.Perrenoud.jpg
Nedko Solakov's artistic and humouristic project "Référendum against référendums", for the Swiss Sculpture Exhibition Utopics in 2009

Quorums are typically introduced to prevent referendum results from being skewed by low turnout or decided by a motivated minority of voters.

Participation quorum

Referendums may require a turnout threshold (also called a participation quorum) in order for the referendum to be considered legally valid. In a participation quorum a majority of those voting must approve of the referendum, and a certain percentage of population must have voted in order for the results to be approved.

The usage of participation quorums in referendums is controversial, as higher requirements have been shown to reduced turnout and voter participation.[ citation needed ] With high participation quorums, the opposition of a referendum has an interest in abstaining from the vote instead of participating, in order to invalidate the referendum results through low turnout. This is a form of the no-show paradox. All others who are not voting for other reasons, including those with no opinion, are effectively also voting against the referendum.

In the 2005 Italian fertility laws referendum, opposition to the proposed loosening of laws on research on embryos and on allowing in-vitro fertilization, campaigned for people to abstain from voting to drive down turnout. Although a majority of people voted yes for the changes in the law, the results were invalid because participation was low. [7]

Referendum disputes

Important referendums are frequently challenged in courts. In pre-referendum disputes, plaintiffs have often tried to prevent the referendum to take place. In one such challenge, in 2017, the Spanish Constitutional Court suspended the Catalonia's independence referendum. [33] In post-referendum disputes, they challenge the result. British courts dismissed post-referendum challenges of the Brexit referendum. [34]

International tribunals have traditionally not interfered with referendum disputes. In 2021, the European Court of Human Rights extended its jurisdiction to referendums in its judgment Toplak and Mrak v. Slovenia , initiated by two disabled voters over polling place access. [35]

Criticisms

Criticism of populist aspect

Pro-Russian protesters in Odesa, Ukraine, demanding a referendum, March 30, 2014 Odessa Russian Sring 20140330 07.JPG
Pro-Russian protesters in Odesa, Ukraine, demanding a referendum, March 30, 2014
2015 Greek bailout referendum Demonstration for "NO" vote, Syntagma Square, Athens, Greece 20150703 Greek Referendum Demonstration for NO syntagma square Athens Greece.jpg
2015 Greek bailout referendum Demonstration for "NO" vote, Syntagma Square, Athens, Greece

In Political Governance states that voters in a referendum are more likely to be driven by transient whims than by careful deliberation, or that they are not sufficiently informed to make decisions on complicated or technical issues. [36] Also, voters might be swayed by propaganda, strong personalities, intimidation, and expensive advertising campaigns. James Madison argued that direct democracy is the "tyranny of the majority".

Some opposition to the referendum has arisen from its use by dictators such as Adolf Hitler and Benito Mussolini who, it is argued, [37] used the plebiscite to disguise oppressive policies as populism. Dictators may also make use of referendums as well as show elections to further legitimize their authority such as António de Oliveira Salazar in 1933; Benito Mussolini in 1934; Adolf Hitler in 1934, 1936; Francisco Franco in 1947; Park Chung Hee in 1972; and Ferdinand Marcos in 1973. Hitler's use of plebiscites is argued[ by whom? ] as the reason why, since World War II, there has been no provision in Germany for the holding of referendums at the federal level.

In recent years, referendums have been used strategically by several European governments trying to pursue political and electoral goals. [38]

In 1995, John Bruton considered that

All governments are unpopular. Given the chance, people would vote against them in a referendum. Therefore avoid referendums. Therefore don't raise questions which require them, such as the big versus the little states. [39]

Closed questions and the separability problem

Some critics of the referendum attack the use of closed questions. A difficulty called the separability problem can plague a referendum on two or more issues. 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 which is displeasing to most.

Undue limitations on regular government power

Several commentators have noted that the use of citizens' initiatives to amend constitutions has so tied the government to a jumble of popular demands as to render the government unworkable. A 2009 article in The Economist argued that this had restricted the ability of the California state government to tax the people and pass the budget, and called for an entirely new Californian constitution. [40]

A similar problem also arises when elected governments accumulate excessive debts. That can severely reduce the effective margin for later governments.

Both these problems can be moderated by a combination of other measures as

Sources

See also

Related Research Articles

<span class="mw-page-title-main">Direct democracy</span> Form of democracy

Direct democracy or pure democracy is a form of democracy in which the electorate decides on policy initiatives without elected representatives as proxies. This differs from the majority of currently established democracies, which are representative democracies. The theory and practice of direct democracy and participation as its common characteristic was the core of work of many theorists, philosophers, politicians, and social critics, among whom the most important are Jean Jacques Rousseau, John Stuart Mill, and G.D.H. Cole.

<span class="mw-page-title-main">Popular initiative</span> Popular voter petition systems

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.

Constitutional Conventions in Australia are significant meetings that have debated the Australian Constitution. The first two gatherings debated Federation and what form of Constitution to adopt, while the following conventions debated amendments to the document.

A double majority is a voting system which requires a majority of votes according to two separate criteria. The mechanism is usually used to require strong support for any measure considered to be of great importance. Typically in legislative bodies, a double majority requirement exists in the form of a quorum being necessary for legislation to be passed.

<span class="mw-page-title-main">California ballot proposition</span> Statewide referendum item in California

In California, a ballot proposition is a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote. If passed, it can alter one or more of the articles of the Constitution of California, one or more of the 29 California Codes, or another law in the California Statutes by clarifying current or adding statute(s) or removing current statute(s).

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.

The 1977 Referendums question was a successful amendment to the Australian constitution that allowed Australians living in territories to vote on future referendums. This question was put to voters alongside four others during 1977. With the success of the vote, the Constitution Alteration (Referendums) Bill 1977 passed. In future referenda, the votes of electors in the territories would be counted towards the national total, but would not be counted toward any state total.

Voting in Switzerland is the process by which Swiss citizens make decisions about governance and elect officials. The history of voting rights in Switzerland mirrors the complexity of the nation itself. The polling stations are opened on Saturdays and Sunday mornings but most people vote by post in advance. At noon on Sunday, voting ends and the results are usually known during the afternoon.

A process model is, in the context of the republic debate in Australia, a model for the process by which the questions surrounding whether and how Australia should become a republic may be answered. A number of process models have been processed. Proposed process models are a subject of debate within the Republicanism movement. Such debate usually surrounds whether the people should be asked to choose between the current system and a general republican system of government, one specific republican system of government, or multiple alternative republican systems of government.

<span class="mw-page-title-main">Referendums in New Zealand</span>

Referendums are held only occasionally by the Government of New Zealand. Referendums may be government-initiated or held in accordance with the Electoral Act 1993 or the Citizens Initiated Referenda Act 1993. Nineteen referendums have been held so far ; fourteen were government-led, and five were indicative citizen initiatives.

<span class="mw-page-title-main">Popular referendum</span> Referendum to repeal a new or existing law

A popular referendum, depending on jurisdiction also known as a citizens' veto, people's veto, veto referendum, citizen referendum, abrogative referendum, rejective referendum, suspensive referendum, and statute referendum, is a type of a referendum that provides a means by which a petition signed by a certain minimum number of registered voters can force a public vote (plebiscite) on an existing statute, constitutional amendment, charter amendment, or ordinance; in its minimal form, it simply obliges the executive or legislative bodies to consider the subject by submitting it to the order of the day. It is a form of direct democracy.

A legislative referral is a referendum in which a legislature puts proposed legislation up for popular vote. This may either be voluntarily or, as is the case in many countries for a constitutional amendment, as a mandatory part of the procedure for passing a law. These referrals, depending on the location, can either amend a constitution or enact a change in statute. It is a form of direct democracy. In some places it is known as an authorities referendum,authorities plebiscite, government initiated referendum, or top-down referendum It may originate from the legislative branch, executive branch, or a combination of the two.

<span class="mw-page-title-main">Puerto Rico Democracy Act</span> Bill of the 111th U.S. Congress

The Puerto Rico Democracy Act is a bill to provide for a federally sanctioned self-determination process for the people of Puerto Rico.

Direct democracy refers to decision making or direct vote a proposal, law, or political issue by the electorate, rather than being voted on by representatives in a state or local legislature or council.

Three main alternatives are generally presented to Puerto Rican voters during a Puerto Rico political status plebiscite: full independence, maintenance or enhancement of the current commonwealth status, and full statehood into the American Union. The exact expectations for each of these status formulas are a matter of debate by a given position's adherents and detractors. Puerto Ricans have proposed positions that modify the three alternatives above, such as (a) indemnified independence with phased-out US subsidy, (b) expanded political but not fiscal autonomy, and (c) statehood with a gradual phasing out of federal tax exemption.

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.

<span class="mw-page-title-main">Referendums in France</span>

In France there are two types of referendum:

<span class="mw-page-title-main">Citizens' initiative referendum (France)</span>

The Référendum d'initiative Citoyenne is the name given to the proposal for a constitutional amendment in France to permit consultation of the citizenry by referendum concerning the proposition or abrogation of laws, the revocation of politicians' mandates, and constitutional amendment.

References

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  2. Marchant & Charles, Cassell's Latin Dictionary, 1928, p. 469.
  3. A gerundive is a verbal adjective (Kennedy's Shorter Latin Primer, 1962 edition, p. 91.)
  4. A gerund is a verbal noun (Kennedy's Shorter Latin Primer, 1962 edition, p. 91.) but has no nominative case, for which an infinitive (referre) serves the purpose
  5. Oxford English Dictionary Referendum
  6. a gerund is a verbal noun (Kennedy's Shorter Latin Primer, 1962 edition, p. 91.) but has no nominative case, for which an infinitive (referre) serves the purpose. It has only accusative, genitive, dative and ablative cases (Kennedy's Shorter Latin Primer, 1962 edition, pp. 91-2.)
  7. 1 2 i.e. Proposita quae referenda sunt popolo, "Proposals which must be carried back to the people"
  8. 1 2 Green, Antony (12 August 2015). "Plebiscite or Referendum - What's the Difference". ABC. Retrieved 23 August 2015.
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Further reading