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A referendum (plural: 'referendums' or 'referenda' referenda implies a plurality of issues) or plebiscite (from Latin plebiscita, originally a decree of the Concilium Plebis) 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. Certain kinds of referendums held in some states of the United States are referred to as ballot measures or propositions. The referendum or plebiscite is a form of direct democracy.

Terminology

The terms referendum and plebiscite are often used interchangeably but the term plebiscite is usually preferred in circumstance in which a decision is being made on fundamental issues of sovereignty, such as in determining national borders or adopting a new constitution. Plebiscite is also often the term used to describe a direct vote held by a dictator or an undemocratic regime, in circumstances in which a free and fair vote is impossible. Plebiscites held by undemocratic governments may request approval for a radical governmental decree, or of the general policies of the government. The term referendum is usually preferred to describe routine votes held in liberal democracies. Thus the direct vote that adopted the constitution of the modern Republic of Ireland is referred to as a 'plebiscite' while every subsequent such direct vote has been described as a 'referendum'. However, French establishes another distinction. Plebiscite describes a vote on an individual whereas referendum refers to a vote on an issue. Here too, 'plebiscite' will be mainly used for un-democratic states where we are likely to find a cult of personality, and 'referendum' for democratic states.

Referendums and referenda are both commonly used as plurals of referendum. However the use of referenda is deprecated by the Oxford English Dictionary which advises that:

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

Procedure and status

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. Nonetheless, actual political circumstances in countries that hold non-binding referendums are such that the results of such a referendum are usually honoured. In contrast, a number of nations permit binding referendums in which the result is legally enforceable. According to an authoritative study by Matt Qvortrup (A Comparative Study of Referendums 2006), only Sweden among democratic nations has not honoured the outcome of a non-binding referendum.

In most referendums it is sufficient for a measure to be approved by a simple majority of voters in order for it to be carried. However a referendum may also require the support of a super-majority, such as two-thirds of votes cast. In Lithuania certain proposals must be endorsed by a three-quarters majority (among them, any proposal to amend article 148 of the Lithuanian Constitution, which states, "Lithuania is an independent and democratic republic").

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. However, it has been said this is not a fair democratic way of consulting the people, as the citizens who don't care to or don't want to vote on a speciffic matter directly affect the decisional process. An alternative is to insist on a certain minimum absolute number of yes votes before a measure can be deemed to have been carried—or of no votes if it is to be deemed vetoed.

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.

Criticism

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 (an often cited exception is the Swiss canton of Glaris where meetings are held on the village lawn to decide on matters of public concern). Furthermore, in most jurisdictions that practice them, referendums are relatively rare occurrences and are restricted to issues of major importance. Nonetheless the referendum is sometimes the subject of controversy.

Advocates of the referendum argue that certain decisions are best taken out of the hands of political elites and determined directly by the people. Some adopt a strict definition of democracy in which elected parliaments are merely a necessary expedient needed to make governance possible in the large, modern nation-state; direct democracy is nonetheless preferable and so a referendum must always take preference over a decision of parliament.

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.

Criticisms from representative democracy

Opponents of the referendum argue that representative democracy is superior to direct democracy. As often conceived by such opponents, representative democracy is a system in which elected officials are the exercisers of independent judgement rather than merely delegates bound to robotically carry out the wishes of voters. Some opponents therefore insist that the referendum is used by politicians as a way of abrogating responsibility in the taking of difficult or controversial decisions.

As evidence, many critics frequently cite numerous controversial changes which did not appear to have the support of a majority of voters at the time and so presumable would have failed under a referendum but which are now strongly supported by the majority of voters. Examples of these would include laws abolishing slavery, granting universal suffrage and removing prohibitions on homosexual relationships in various countries.

It is also argued that voters in a referendum may be driven by transient whims rather than careful deliberation, or that they may not be sufficiently well informed to take 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 argue that tools such as the referendum may lead to the "tyranny of the majority" and to the erosion of the rights of individuals and minorities.

In fact, a referendum cand be and has been used as an effective tool by the executive to undemime the representativity and control of the legislative body. This is a move often "pulled out of the hat" when a law needs to pass without the approval of the legislative body, or when the executive branch itself seeks to consolidate position and extend its powers.

Some opposition to the referendum has arisen from its use by dictators such as Hitler and Mussolini who, it is argued, used the plebiscite to clothe oppressive policies in a veneer of legitimacy. Hitler's use of the plebiscite is one reason why, since World War II, there has been no provision in Germany for the holding of referendums at the federal level.

Many of the arguments used by those who oppose the referendum are summarised in the following comment made in an interview in 2003 by the British politician Chris Patten concerning the possibility of a referendum in the UK on the European Union Constitution:

I think referendums are awful.. they were the favourite form of plebiscitary democracy of Mussolini and Hitler. They undermine Westminster *. What they ensure, as we saw in the last election, is if you have a referendum on an issue politicians during an election campaign say oh we're not going to talk about that, we don't need to talk about that, that's all for the referendum. So during the last election campaign the euro was hardly debated. I think referendums are fundamentally anti-democratic in our system and I wouldn't have anything to do with them. On the whole, governments only concede them when governments are weak (BBC, 2004).

Other criticisms

A further perceived flaw of the referendum is that in some circumstances the democratic spirit of the referendum may be flouted by the repeated submission to the referendum of a proposal until it is eventually endorsed, perhaps due to a low turn-out or public fatigue with the issue. This is especially a problem where a proposal may be difficult to reverse, such as secession from a larger country or the abolition of a monarchy. The repeated holding of a referendum on a single issue has been pejoratively referred to as the phenomenon of the "never-end-um".

Some critics of the referendum attack the usual practice of only offering the electorate two options, of either accepting or rejecting a proposal, in a referendum. 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 voters.

Multiple-choice referendums

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. In the 1977 Australian referendum the winner was chosen by the system of Instant Run-off Voting (also known as the 'Alternative Vote').

Some groups, such as the Northern Ireland De Borda Institute, advocate the conduct of referendums using the Borda count form of preferential voting, and refer to such a vote as a Borda 'preferendum'. The De Borda Institute argues that the Borda count would produce results based on consensus rather than majoritarianism; it is therefore suggested for use in plebiscites held in areas of conflict such as Northern Ireland, the Balkans or Kashmir. Critics of the Borda count argue that it is particularly susceptible to tactical voting and to the tactical nomination of candidates, and that it may produce results that are opposed by a majority of voters. Other voting methods that could be employed are Condorcet's Method and approval voting that are not subject to the effects of irrelevant alternatives and less susceptible to insincere preference intensity.

Referendums by country

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. Out of the 44 referendums held since federation in 1901, only eight have been passed, making the Australian referendum system one of the most restrictive in the developed world. Due to the specific mention of referenda in the Australian constitution, non-constitutional referenda are usually termed plebescites in Australia.

Canada

Referendums are rare in Canada and only three have ever occurred at the federal level. The most recent was a referendum in 1992 on a package of proposed constitutional measures known as the Charlottetown Accord. 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.

Chile

There have been three plebiscites and one "consultation" in Chilean history. On 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. On 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 on 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 on 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%).

European Union

The Treaty establishing a Constitution for Europe was rejected in France and Netherlands in popular referendums. The other EU countries, apart from Spain and Luxembourg, approved it during parliamentary votes. The Treaty has both been rejected by proponents of national sovereignty and by the left-wing liberal anti-globalisation movement in France.

Iraq

The current Constitution of Iraq was approved by referendum on 15 October 2005, two years after the United States-led invasion. The constitution was designed to shift crucial decisions about government, the judiciary and human rights to a future national assembly. It was later modified to provides for the establishment of a committee by the parliament to be elected in December of 2005 to consider changes to the constitution in 2006.

Republic of Ireland

The current Constitution of Ireland was adopted by plebiscite on 1 July, 1937. In the Republic of Ireland it is mandatory that every constitutional amendment be approved by referendum and since 1937 over twenty constitutional referendums have occurred. Constitutional amendments are first adopted by both Houses of the Oireachtas (parliament), then submitted to a referendum and finally signed into law by the President. However the role of the president is merely ceremonial and she cannot refuse to sign an amendment into law that has been legitimately approved in a referendum. The constitution also provides for a referendum on an ordinary law known as the 'ordinary referendum'. However such a referendum can only take place in rare circumstances and so none has yet occurred.

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.

New Zealand

New Zealand has two types of referendum. Government referendum are predominately 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.

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 the most recent on euro membership in 2003. All have been non-binding, consultative referendums. Two, in 1957 and 1980, were multiple choice referendums.

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 ammendments. This last provision has been used twice, in adopting the Romanian Constitution in 1991 and ammending it 2003.

Switzerland

In Switzerland, there are binding referendums at federal, cantonal and municipal level. They are a central feature of Swiss political life. 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 faculatative 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 slow politics down.

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.

United Kingdom

Owing to the doctrine of parliamentary sovereignty a binding referendum cannot be held in the United Kingdom (UK). 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. However many 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. There have also been referendums held at the local level on proposals for directly elected local mayors. As of 2004 the British government is currently committed to holding a UK-wide referendum on the new EU Constitution, as well as on any plan to adopt the euro as the UK's currency or to change from 'first past the post' to an alternative electoral system. In addition, under the 1972 Local Government Act, there is a little-known provision under which non-binding local referendums on any issue can be called by small groups of voters.

Other nations

  • Brazil: In October 2005, 122 million voters have 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.
  • France: In France a constitutional amendment must be approved by either a super-majority in parliament or by the people in a referendum.
  • Puerto Rico: Several referendums have taken place since 1967, including one in 1994 and another one in 1998, seeking an answer to the century-old question of what do Puerto Ricans want for the archipielago of nearly 4 million inhabitants: Independence (Comprising Republic and a Associated Republic), Statehood or mantain the Commonwealth status. Commonwealth, or Estado Libre Asociado, has won each of those referendums. There was also a referendum on 2005 to determine if the legislative branch was to become a single chamber instead of the current bi-chamber system.
  • 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.
  • United States: There is no provision for the holding of referendums at the federal level in the United States. However the constitutions of 24 states and many local and city governments provide for referendums and citizen's initiatives. The most famous U.S. state initiative is probably California's Proposition 13 which severely limited property tax increases. They are especially popular in modifying state constitutions.
  • Venezuela: In the Venezuelan recall referendum of 2004 voters determined whether or not Hugo Chávez, the current President of Venezuela, should be recalled from office. The result of the referendum was to not recall Chávez.

Sources

  • Interview with Chris Patten, EU Commissioner for External Affairs (2003). bbc.co.uk. Retrieved 13 Oct. 2004 from http://news.bbc.co.uk/1/hi/programmes/breakfast_with_frost/2954232.stm.
  • Emerson, P J. Defining Democracy puts both two-option and multi-option referendums into their historical context, and suggests which are the more accurate measures of "the will of the people". The de Borda Institute is at *

See also

Specific referendums

External links

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