In the United States, a plebiscite is typically known as an initiative when originating in a petition of ordinary citizens, and as a referendum only if it consists of a proposal referred to voters by the legislature. A plebiscite can be considered a kind of election and is often referred to as such in the U.S. (an election literally means a choice). In other countries, the term election is often reserved for events in which elected representatives are chosen.
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 citizens 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 that 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, and thus far, New Zealand governments have chosen to ignore completely two of the three proposals that have succeeded in forcing a vote since the CIR device was created in 1993. The third, a series of proposals about criminal justice, prompted some minor reforms only; it too was largely ignored. Matt Qvortrup in his Supply-side Politics (Centre for Policy Studies 2007) argues that this led to a disuse of the New Zealand device. While three petitions were launched in 2007, there was only one in 2004 and 2005, and none in 2006 and 2008 thus far. Only one of these have yet achieved the necessary signature target to force a vote, the overwhelming result (87% opposed) of which was largely ignored by the government. However, according to the New Zealand Election Study, 77 percent of voters believe that the citizen initiated referendum make the politicians more accountable. Trust in politicians has grown by almost 20 percent since the introduction of the device, although that can be more plausibly attributed to the change in electoral system that occurred at the same time.
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, including Italy, 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 Ireland, only citizens may vote in a constitutional referendum, whereas citizens of the United Kingdom are also entitled to vote in general elections.
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.
In 1961, the country had just adopted the parliamentary government system, but in a referendum held in 1963, the Brazilian population was consulted about which government system should be withheld in the country and it was decided to have Brazil return to a Presidential system.
In 1993, another referendum to decide Brazil's government system was held. Voters could choose between keep the presidential republic system, adopt a parliamentary republic system, or adopt a parliamentary monarchy system. The majority of voters opined to maintain the current presidential government system.
In 2005 a referendum was held to consult the population about their opinion on the possibility to forbid the sale and civilian possession of firearms and ammunition nationwide. Most of voters declared themselves contrary to the ban and the laws regarding commerce and ownership of weapons in the country remained unaltered.
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 a constitutional convention.
A referendum can also occur at the provincial level. The 1980 and 1995 referendums on the secession of Québec are notable cases. In conjunction with the provincial election in 2007, the province of Ontario voted on a mixed-member proportional representation electoral system and British Columbia held two consecutive referendums on BC-STV in 2005 and 2009. In 2011 British Columbia held yet another referendum against a newly imposed HST tax. The results ended up making British Columbia the first province to overturn the harmonization of provincial and federal taxes.
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 74%, 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, because of the lack of voters registration.
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. A referendum, which took place on 2006 in Las Condes, over the construction of a mall was noteworthy for being the first instance in Chilean history where electronic voting machines were used.
It was very narrowly approved (49.030 votes). Results were 51.62% voted in favour and 48.38% against it. It is currently the only free trade agreement in the world that has been approved on a referendum.
From 2008 to 2010 conservative groups, linked to religious institutions, managed to collect 150,000 signatures to call a referendum to decline unions between same-sex couples. The Supreme Elections Tribunal (TSE) had scheduled the consultation on December 5, 2010.
However, the Constitutional Chamber of the Supreme Court rejected the referendum stating that "The rights of minorities that arise from anti-majoritarian claims can not be subjected to a referendum process which the majority imposes". This consideration supports the main argument of those who rejected the consultation considered a violation of human rights, among these gay groups and humanitarian actors.
The Board further considered that "people who have sex with same sex are a group at disadvantage and discrimination, which requires the support of public authorities for the recognition of their constitutional rights or other legislation". Decisions of the Constitutional Court are final so the ruling stopped the referendum and opened to the Congress the opportunity to continue discussing the bill on the recognition of homosexual unions.
The Constitution of Denmark can be changed only after a referendum.
The present location of the border with Germany was determined by a referendum in 1920 after the German capitulation. See Schleswig.
On 19 March 2011 a constitutional referendum was held in Egypt, following the Egyptian Revolution of 2011. The reforms made it easier for candidates to run for president, limited the number of presidential terms to two four-year periods, and ensured judicial monitoring of elections.
The Basic Law of Hong Kong does not provide for official referenda, but the pan-democrats hope that by returning the resignees to the Legislative Council, on their manifesto of real political reform in Hong Kong and the abolition of functional constituencies, the election can be seen as a de-facto referendum and an endorsement of these issues.
The original five pan-democrat Legislative Councillors were re-elected, the turnout was much lower than the expectation of the two parties, due to the suppression of pro-Beijing Camp.
A legislative referendum can be called in order to abrogate a law totally or partially, if requested by 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 Houses (Chamber of Deputies and Senate of the Republic) with a majority of less than two thirds in both or either House, and only at the request of one fifth of the members of either House, 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.
In order to hold the 2005 referendum on the Treaty establishing a Constitution for Europe, a different law was temporarily put in place. That referendum was the first national referendum in the Netherlands in 200 years and it was the result of an initiative proposal by parliamentarians Farah Karimi (Greens), Niesco Dubbelboer (Labour) and Boris van der Ham (Democrats).
===Switzerland=== In Switzerland Swiss voters can demand a binding referendum 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:
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). Referendums are also often combined with elections. The percentage of voters is around 40% to 50%, unless there is an election. The decisions made in referendums tend to be conservative. Citizens' initiatives are usually not passed. The federal rule and referendums have been used in Switzerland since 1848.
Referendums are rare; only two have been put to the entire UK electorate. The first was the United Kingdom European Communities membership referendum, 1975, which was held two years after British accession to the European Economic Community to gauge support for continued membership. The second was the United Kingdom Alternative Vote referendum, 2011. This was to vote on changing the 'First Past the Post' system to an alternative electoral system, the Alternative Vote.
Referendums have been held in individual parts of the United Kingdom on issues relating to devolution in Scotland and Wales, an elected Mayor of London and a Greater London Authority for Greater London, a regional assembly for the North-East of England and the constitutional status and governance of Northern Ireland. Since 1973, the year of the first such plebiscite, there have been nine major referendums.
In 2004, Her Majesty's Government promised a UK-wide referendum on the new European Constitution, but this was postponed in 2005 following the defeats of the French and Dutch referendums. Due to the replacement of the European Constitution with the Treaty of Lisbon, there was no obligation for a referendum. Referendums have also been proposed, but not held, on the replacement of the pound sterling with the euro as the currency of the United Kingdom. The present Scottish Government, a Scottish National Party administration, wishes to hold a referendum on Scottish Independence between late 2013 and 2016. As it is now a majority government, the referendum can pass through the Scottish Parliament unhindered. The Westminster government has also indicated that it will facilitate such a referendum.
At the local level, the Government has put proposals for directly-elected mayors to several towns by referendum. The 1972 Local Government Act also contains a little-used provision that allows non-binding local referendums on any issue to be called by small groups of voters. Strathclyde Regional Council held a postal referendum in 1994 on whether control of water and sewerage services should be transferred to appointed boards: this was largely a political tactic, since this was the policy of the UK Government at the time. The UK Parliament enacted the legislation anyway, and it came into force on 1 April 1996.
There is no provision for the holding of referendums at the federal level in the United States; indeed, there is no national electorate of any kind. The United States constitution does not provide for referendums at the federal level. A constitutional amendment would be required to allow it. However, the constitutions of 24 states (principally in the West) and many local and city governments provide for referendums and citizen's initiatives.
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 (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 preferential instant-runoff voting.
Although California does not have deliberate 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 the State's Constitution provides a method for resolving inadvertent 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.
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 Glarus, in which meetings are held on the village lawn to decide on matters of public concern. In 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.
Some opposition to the referendum has arisen from its use by dictators such as Adolf Hitler and Benito Mussolini who, it is argued, used the plebiscite to disguise oppressive policies as populism. Hitler's use of plebiscites is argued as reason why, since World War II, there has been no provision in Germany for the holding of referendums at the federal level.
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Many critics of the EU point to the Treaty of Nice's ratification procedure in Ireland, where the government submitted the Treaty to a referendum twice, getting the required "Yes" vote on the second attempt. This controversy was repeated during the ratification of the Treaty of Lisbon.
Category:Direct democracy Category:Elections
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