Anaya Nolan
Referendums are a direct vote by the electorate on a proposal, law, or political issue. They are an expression of direct democracy, allowing citizens to vote directly on legislation. Referendums can be mandatory or optional. Mandatory referendums are required by law and typically address issues of major national significance, while optional referendums are initiated by the government or citizens and are not required by law. In the case of the former, certain classes of legislative action must be referred to a popular vote for approval or rejection. In the latter case, a popular vote on a law passed by the legislature can be triggered by a petition or a specified number of voters. Referendums can also be binding, resulting in the adoption of a new policy, or advisory, functioning as a large-scale opinion poll.
| Characteristics | Values |
|---|---|
| Definition | A direct vote by the electorate on a proposal, law, or political issue |
| Synonyms | Plebiscite, ballot measure |
| Types | Mandatory, optional, abrogative, popular, citizen-initiated, government-initiated, war, recall, etc. |
| Usage | Common in some countries, like Switzerland, but not in others, like Canada |
| Subjects | Enacting international treaties, joining a supranational community, constitutional amendments, bond issues, tax questions, contract ratifications, bylaw amendments, budget approvals, etc. |
| Binding | Binding or advisory |
| Turnout | Some referendums require a specified turnout threshold to be reached for the result to be binding |
| Quorum | Higher participation quorums are controversial as they may reduce voter participation |
| Voting System | Yes-or-no, multiple-choice, Condorcet method, quadratic voting, etc. |
| Initiation | Can be initiated by the government, legislature, or citizens |
| Passage | May require a simple majority, double majority, or supermajority |
| Examples | Brexit, US national referendums for agricultural product marketing quotas |
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What You'll Learn
Mandatory vs. optional referendums
Referendums can be classified into two main categories: mandatory and optional. A mandatory referendum is one that must be held in certain circumstances or in relation to specific issues. These are typically issues of significant national importance, such as joining a supranational organisation or amending the constitution. The outcome of a mandatory referendum is usually binding. On the other hand, an optional referendum is a requested referendum, either by the government, legislature, or citizens, through mechanisms such as popular initiatives or the collection of a specified number of signatures.
Mandatory referendums are often constitutionally or legally mandated, ensuring that certain issues are directly decided by the people. For example, Switzerland has a mandatory referendum on enacting international treaties concerning collective security and joining supranational communities. This type of referendum has only occurred once in Switzerland's history, in 1986, when there was a failed attempt to join the United Nations. In the United States, most states have mandatory referendums for constitutional amendments proposed by legislatures. Some states also require mandatory referendums for bond issues and tax-related matters.
Optional referendums, also known as facultative referendums, provide a mechanism for citizens to initiate a vote on a proposed or existing law. They are often triggered by a specified number of voters or citizens, who can petition for a popular vote on a law or constitutional amendment. This allows citizens to overrule legislative actions and introduce direct democracy into the law-making process. The optional referendum was first introduced in the Swiss cantons, with the Canton of Zurich adopting it in 1869, and it has since been widely used in federal and cantonal matters.
Both mandatory and optional referendums play a significant role in direct democracy, allowing citizens to have a direct say in important political decisions. While mandatory referendums are typically reserved for issues of national significance, optional referendums provide citizens with the power to initiate votes and influence law-making processes.
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Direct vs. indirect initiatives
Referendums and initiatives are electoral devices that allow voters to express their wishes regarding government policy or proposed legislation. They are a form of direct democracy that grants citizens a more direct voice in shaping the policies that govern them. While referendums are more widespread, both devices are provided for in the constitutions of several European and Commonwealth countries.
An initiative is a process that enables citizens to propose statutes or constitutional amendments and put them on the ballot or send them to the legislature. There are two types of initiatives: direct and indirect. In a direct initiative, a proposal that meets the preliminary requirements is submitted directly to a popular vote for a decision. If it wins the popular vote, the proposal becomes law. On the other hand, an indirect initiative is submitted to the legislature for approval. The legislature can either approve it or offer a similar alternative. In this case, submissions can become law without a popular vote. However, if the legislature rejects the initiative, it may still be included on a ballot, giving the public the power to override the legislative decision. In some states with the indirect initiative process, the legislature can submit a countermeasure that appears on the ballot alongside the original proposal, and citizens choose between the two.
The usage of referendums and initiatives varies internationally. In the United States, they are commonly known as ballot measures, propositions, or ballot questions. As of 2024, these processes are only available at the state level and do not exist for federal legislation. Switzerland, which has had almost 600 national votes since its inauguration as a modern state in 1848, has mandatory referendums on enacting international treaties concerning collective security and joining a supranational community. Ireland and Australia have compulsory referendums for all constitutional changes.
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Binding vs. advisory referendums
A referendum is a direct vote by the electorate on a proposal, law, or political issue. It can be classified as either binding or advisory. A binding referendum results in the adoption of a new policy, while an advisory referendum functions like a large-scale opinion poll.
A binding referendum is mandatory and usually has a binding outcome, meaning that the government must act on the resolution of the vote. Mandatory referendums are usually required for issues of major national significance, such as joining a supranational organization or amending the constitution. The requirement for a mandatory referendum is typically specified in a country's constitution or law. For example, Switzerland has mandatory referendums on enacting international treaties concerning collective security and joining a supranational community.
On the other hand, an advisory referendum, also known as a plebiscite, is non-binding and does not have a legal effect on a state's laws. The purpose of an advisory referendum is to allow government officials to gauge public opinion and encourage them to take certain actions. While the government is not obligated to act on the outcome of an advisory referendum, it can be politically difficult for them to ignore the results.
The type of referendum that is held depends on the country's legal system and the issues at hand. Some countries, like the United States, do not hold referendums at the federal level but allow them at the state level. In contrast, other countries, like Switzerland, have a long history of using referendums as a form of direct democracy.
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Citizen-initiated referendums
In the 19th and early 20th centuries, no topic got New Zealanders more fired up than alcohol. Four referendums were held between 1894 and 1908 on liquor licenses, but these were not "national" referendums as people could only vote on licenses in their own areas. In 1911, New Zealand held its first nationwide referendum, asking voters to choose between the national continuance or prohibition of alcohol sales. Since then, two-thirds of the referendums held in the country have been about alcohol. CIRs have also been held on a range of other topics, including the number of professional firefighters employed full-time, whether a smack as part of good parental correction should be a criminal offence, and the size of the House of Representatives.
While CIRs can be a powerful tool for direct democracy, they also have their challenges. For example, in New Zealand, many proposals to hold a CIR failed to get enough support, and even when a CIR is held, it may not lead to changes. Additionally, the high participation threshold required for CIRs can reduce voter turnout and participation.
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Referendums in representative democracies
Referendums are a direct vote by the electorate on a proposal, law, or political issue. They are common in some countries, such as Switzerland, which has conducted over 600 national referendums, and less common in others, like Canada, which has only had three referendum elections. In the United States, referendums are held at the state level but not at the federal level, as they are not allowed by the Constitution.
Referendums can be obligatory or optional. Obligatory referendums are required by statute or constitution for certain classes of legislative action, such as constitutional amendments. Optional referendums, on the other hand, are not required by law but can be initiated by the government or, in some cases, other parties. An example of an optional referendum is the abrogative referendum, which is held when citizens force a vote on a new law passed by the legislature, typically by collecting a certain number of signatures.
In representative democracies, initiatives and referendums differ from most legislation in that they allow citizens to vote directly on legislation, rather than having an elected legislative body develop and pass laws. Referendums can be used to change constitutions or laws, or to gather voter opinions. They can be binding, resulting in the adoption of a new policy, or advisory, functioning like a large-scale opinion poll.
The usage of participation quorums in referendums is controversial, as higher requirements have been shown to reduce voter turnout and participation. Some referendums require a simple majority of "yes" votes to pass, while others require a specified turnout threshold or a double or supermajority.
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Frequently asked questions
A referendum is a direct vote by the electorate on a proposal, law, or political issue. It is a form of direct democracy that allows citizens to vote directly on legislation.
There are two main types of referendums: obligatory and optional. Obligatory referendums are required by law, often for issues of national significance or constitutional amendments. Optional referendums, on the other hand, are not mandated by law and can be initiated by the government or citizens, depending on the country.
The criteria for a referendum to pass vary across countries. In some cases, a simple majority of "yes" votes is sufficient, while other countries require a specified turnout threshold or a supermajority for the referendum to be binding.
Yes, a national law can be passed by referendum, depending on the country's legal system and the type of referendum. In some countries, referendums are mandatory for certain issues, such as constitutional amendments or joining a supranational organisation. In other cases, citizens can initiate an optional referendum to pass a law, usually by collecting a certain number of signatures.
