Referendum: Understanding Democratic Decision Making in Modern Governance
By Fouad Sabry
()
About this ebook
In today’s political landscape, understanding referendums is crucial. Referendum, a key volume in the Political Science series, explores this democratic tool in depth. It analyzes how public votes impact policy and governance through key case studies.
Chapter Highlights:
1. Referendum - Defines referendums and their role in direct citizen engagement.
2. Direct Democracy - Examines the broader concept of direct democracy and the place of referendums within it.
3. Initiative - Looks at how citizens propose legislation via initiatives.
4. Constitutional Amendment - Discusses referendums’ role in constitutional changes.
5. Double Majority - Analyzes the requirement for both voter and regional majorities in some referendums.
6. California Ballot Proposition - Details California’s ballot propositions and their legislative impact.
7. U.S. Initiatives and Referendums - Reviews the history and current practices in the U.S.
8. Referendums in Australia - Details the Australian approach and outcomes.
9. Constitution of Belarus - Investigates referendums’ impact on Belarusian politics.
10. Voting in Switzerland - Showcases how frequent referendums shape Swiss democracy.
11. Process Model (Australia) - Offers insights into Australian referendum procedures.
12. Referendums in New Zealand - Highlights their role in shaping national policies.
13. Arizona Ballot Proposition - Analyzes an Arizona ballot proposition’s impact on local governance.
14. Popular Referendum - Discusses citizen-initiated votes on specific issues.
15. Legislative Referral - Examines how legislatures use referendums for direct voter approval.
16. 1911 California Proposition 7 - Revisits a historical California proposition’s significance.
17. History of U.S. Direct Democracy - Chronicles the development of direct democracy in the U.S.
18. Referendums in Germany - Highlights Germany’s approach and integration.
19. Referendums by Country - Compares referendum practices across nations.
20. Referendums in France - Investigates the role of referendums in French politics.
21. Citizens' Initiative Referendum (France) - Focuses on citizen-initiated referendums in France.
Referendum offers valuable insights into direct democracy and governance, making it essential for professionals, students, and enthusiasts interested in public voting’s transformative power.
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Referendum - Fouad Sabry
Chapter 1: Referendum
A direct vote by the electorate on a proposal, law, or political issue is referred to as a referendum (plural: referendums or referenda, which is less usually used these days). This is in contrast to a representative exercising their right to vote on a particular topic. In the event that this occurs, the referendum may just serve as an advisory one, or it may result in the passage of a new policy or specific law. It is also known as plebiscite, votation, popular consultation, ballot question, ballot measure, or proposition in various countries. In other nations, it is synonymous with all of these aforementioned terms.
'Plebiscite' is a sort of vote that can be used to change the constitution or government of a country, according to some definitions of the term. 'Referendum' is frequently used as a catchall term, and it is used for both legislative referrals and initiatives.
The gerundive form of the Latin verb referre, which literally means to carry back
(derived from the verb ferre, which means to bear, bring, carry
plus the inseparable prefix re-, which in this context simply means back
), is referred to as referendum.
In terms of logic, the plural form referendums, which means ballots on one issue
(as a Latin gerund), is the most appropriate choice, It is closely connected to agenda, which means those matters which must be driven forward,
derived from ago, which means to impel or drive forwards; and memorandum, which means that matter which must be remembered,
derived from memoro, which means to call to mind; corrigenda, which comes from rego, which means to rule, make straight, those things which may need to be made straight (corrected), etc.
The phrase plebiscite
originates from the Latin word plebiscita,
which originally meant a decree issued by the Concilium Plebis (Plebeian Council), which was the popular assembly of the Roman Republic. In modern usage, the term plebiscite
has a connotation that is largely close to the original meaning. In modern times, a referendum is also sometimes referred to as a plebiscite; however, in certain nations, the two terms are used in a different manner to refer to votes that have various kinds of legal repercussions associated with them.
The term plebiscite
was used in Ireland to refer to the vote to establish the country's constitution; however, a subsequent vote to modify the constitution is referred to as a referendum,
and a poll of the public on a bill that is not constitutional is also referred to as a referendum.
.
The name and use of the 'referendum' is thought to have originated in the Swiss canton of Graubünden as early as the 16th century.
The phrase referendum
can be used to refer to a number of different things, and the terminology used to describe them varies depending on the country that is holding them. It is possible for a referendum to be either advisory or binding.
Comparison between obligatory (as required by law) and optional (ad hoc)
Binding vs consultative
Beginning with the citizens (bottom-up) and working their way up to the authorities (top-down)
The difference between being proactive (by suggesting a change) and reactive (by avoiding a change)
One category of referendums is known as a mandatory referendum, which is a type of referendum that must be voted on if certain conditions are satisfied or if specific acts are made by the government. It is not necessary for any members of the general public to sign them. In regions that make use of referendums, it is usual practice to employ an obligatory referendum as a legally required step for approval of constitutional amendments, ratification of international treaties and membership in international organizations, and certain types of public spending.
Common examples of obligatory referendums include the following::
Alterations to the Constitution: Certain nations or local governments have made the decision to implement any constitutional revisions through the use of an obligatory referendum option. Some of these countries are Australia, Ireland, Switzerland, Denmark, and 49 of the fifty states in the United States (with Delaware being the lone exception).
The issuance of certain bonds, the raising of taxes above a particular number, or the taking on of certain quantities of debt all require a referendum in many regions. This is because the government must first receive approval from the people. For instance, the state government of California is prohibited from borrowing more than $300,000 without first obtaining a vote from the general public through a statewide bond initiative.
There are mandatory referendums in Switzerland on the enactment of international treaties that pertain to collective security and joining a supranational community. These referendums are part of Switzerland's international relations. This particular kind of referendum has only ever taken place once in the history of the country, and that was in 1986, when Switzerland attempted to join the United Nations but was unsuccessful.
A hypothetical sort of referendum that was initially proposed by Immanuel Kant is a referendum to ratify a declaration of war. This type of referendum is known as a war referendum. Despite the fact that it was debatable in the United States during the 1930s under the name Ludlow Amendment, it has never been passed by any nation.
In the category of referendums that are presented to the vote as a result of a demand, there is a category known as an optional referendum. This could originate from either the legislative or executive branches, or it could be a request from the general public (often after the necessity of a signature has been satisfied).
Other types of referendums that are optional include::
Plebiscites of the authorities, which are often referred to as legislative referrals, are proposals that are proposed by the government or the legislature. The questions could be advisory in nature, with the purpose of gauging public opinion, or they could be legally binding.
The term initiative referendum
refers to a process to propose and vote on new laws that is led by citizens.
A popular referendum is a procedure that is driven by citizens to challenge and overturn laws that are currently in place.
An election recall referendum is a process that allows elected politicians to be removed from office prior to the conclusion of their term. A recall may be issued for a specific individual, such as a politician, or it may be issued for a larger general group, such as the entire legislature, depending on the area and position within the legislature.
Referendums are a manifestation of direct democracy from a political and philosophical point of view; but, in today's world, the majority of referendums need to be interpreted within the context of representative democracy. Most of the time, they are utilized in a very selective manner, covering topics such as modifications to voting methods, in which the elected individuals who are already in office would not have the legitimacy or the will to execute such modifications.
across the course of the last century and a half, there have been hundreds of national referendums held all across the world; Within the context of a referendum, the electorate is typically presented with a straightforward choice between accepting or rejecting a proposal. Certain referendums, on the other hand, provide voters with a number of options, and others employ transferable voting.
The use of referendums with multiple choice options is widespread in Switzerland, for instance. Sweden had two referendums with multiple choice options in 1957 and 1980. In each of these referendums, voters were given three different choices to choose from. Voters in Australia were given four options to choose from during the referendum that was held in 1977 to pick a new national anthem for the country. In 1992, New Zealand held a referendum on its voting system, which included five different options. In 1982, Guam held a referendum that resulted in the usage of six different options, with an additional blank option available for anybody who desired to (campaign and) vote for their own seventh option.
Through the use of a referendum with multiple choice options, the question of how the outcome will be decided is raised. It is possible to organize them in such a way that, in the event that no one alternative wins the support of an absolute majority (more than half of the votes), the process of resorting to the two-round system or instant-runoff voting, which are also referred to as IRV and PV, can be utilized.
The Irish Citizens' Assembly deliberated on the manner in which future referendums would be conducted in Ireland in 2018. The results of the deliberations revealed that 76 of the members were in favor of allowing more than two options, and 52 percent were in favor of preferential voting in such situations. According to the opinions of certain individuals, a non-majoritarian methodology such as the Modified Borda Count (MBC) is considered to be more accurate and inclusive.
Swiss referendums provide voters with the opportunity to cast a separate vote on each of the several possibilities, in addition to the opportunity to make a judgment regarding which of the numerous options should be chosen. Both of the referendums that took place in Sweden were conducted using the Single Member Plurality (sometimes known as first past the post
) system. The winning
option was selected. In other words, the choice that was declared to be the winner was the one that was backed by a majority of voters, as opposed to an absolute majority of voters. In the referendum that took place in Australia in 1977, the winner was selected using a voting method known as preferential instant-runoff voting (IRV). The elections that took place in Newfoundland (1949) and Guam (1982), for instance, were tallied using a variant of the two-round system. Additionally, the election that took place in New Zealand in 1992 utilized an uncommon variant of the TRS system.
Despite the fact that California has not held multiple-choice referendums in the Swiss or Swedish sense (in which only one of numerous counter-propositions can be triumphant, and the losing proposals are completely null and void), the state does have a large number of yes-or-no referendums on each election day, which can lead to disagreements. A means for resolving conflicts is provided by the constitution of the state in the event that two or more propositions that are conflicting with one another are enacted on the same day. This constitutes a de facto type of approval voting, which means that the proposition that receives the greatest number of yes
votes outweighs the others to the extent that there is any conflict.
The Condorcet method is yet another voting technique that has the potential to be utilized in a referendum with multiple choice