Omar Bennett
Referendums are a form of direct democracy that can be used to change constitutions or laws. They are common in some countries, such as Switzerland, which has conducted over 600 national referendums, but less common in others, like Canada, which has only had three referendum elections. In the United States, referendums are not held at the federal level, but they are common at the state level, with 26 US states having initiative and/or veto referendum processes. The United States Code also requires national referendums for certain agricultural and fishing quota authorizations. The referendum process can be obligatory or optional, with obligatory referendums requiring that certain legislative actions be referred to a popular vote for approval or rejection, such as constitutional amendments. Overall, referendums provide a mechanism for citizens to have a direct say in important political decisions, but their use varies depending on the country and its constitutional framework.
| Characteristics | Values |
|---|---|
| Purpose | Change constitutions or law (or any sort of other written rules) |
| Types | Obligatory, Optional, Voluntary |
| Examples | Switzerland, Italy, Australia, Ireland, United States, Canada, United Kingdom |
| Frequency | Switzerland (600+), Italy (78), Australia (at least 2) |
| Subjects | Constitutional changes, Financial decisions, International relations |
| Initiation | Legislative referral, Popular vote, Citizen's initiative |
| Outcome | Adoption of new procedure, policy, statute, law, or overturn of existing ones |
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What You'll Learn
Mandatory vs. optional referendums
Referendums are a tool used by governments to change constitutions, laws, or other written rules. They are common in some countries, such as Switzerland, which has conducted over 600 national referendums, but less common in others, such as Canada, which has only had three referendum elections. In the United States, for example, referendums are not held at the federal level because they are not allowed by the Constitution.
Referendums fall into one of two main categories: mandatory or optional. A mandatory referendum is one that must be held in certain circumstances or in relation to certain issues. The outcome of a mandatory referendum is usually binding. These referendums are typically held on issues of major national significance, such as joining a supra-national organisation or amending the constitution. The requirement for a mandatory referendum is usually specified in a country's constitution or other laws. For example, in Switzerland, a mandatory referendum is required to join a supra-national organisation.
On the other hand, an optional referendum is a requested referendum, which may be initiated by governmental authorities or the public. The subject matter of an optional referendum is not legally required to be put to a vote. One example of an optional referendum is the abrogative referendum, where citizens force a vote on a new law passed by the legislature by collecting a certain number of signatures. Another type is the authorities plebiscite, which is voluntarily placed on the ballot by a governmental authority, usually the legislature.
While the outcome of a mandatory referendum is usually binding, the outcome of an optional referendum may not be. However, it may be politically difficult for a government to ignore the result of an optional referendum. Ultimately, the decision to take action after a referendum is optional, and the result of a referendum may only imply that a change is desired by the electorate.
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Direct vs. indirect initiatives
Referendums are a tool used by governments to change constitutions, laws, or other rules. They are used to approve proposed constitutional changes into law and to assess public opinion on particular statutes and issues. While referendums are common in some countries, they are not common in others. For example, Switzerland has conducted over 600 national referendums, while Canada has only had three referendum elections. In the United States, referendums are not held at the federal level but are common at the state level.
An initiative is a process that enables citizens to propose statutes or constitutional amendments and put them on a ballot or send them to the legislature. There are two types of initiatives: direct and indirect. In a direct initiative, proposals that pass the preliminary requirements go straight to the ballot. If it wins the popular vote, the proposal becomes law. On the other hand, indirect initiatives follow a slightly different process. The qualified proposal goes to the legislature indirectly, and they can either approve it or offer a similar alternative. In this case, submissions can become law without a popular vote. However, if the legislature doesn't pass the initiative, it may still be included on a ballot, and the public has the power to override the legislative decision.
The key difference between an initiative and a referendum is that an initiative allows voters to propose new legislation or constitutional amendments, while a referendum gives the public the power to approve or reject laws passed by the legislature. Both initiatives and referendums are forms of direct democracy that allow citizens to shape laws through voting. While referendums are usually less controversial and more likely to be approved by the electorate, initiatives give citizens a more direct role in proposing and shaping policies.
In conclusion, both direct and indirect initiatives provide a mechanism for citizens to propose and shape legislation. Direct initiatives give more power to the voters, as the proposals go straight to the ballot and are decided by a popular vote. On the other hand, indirect initiatives involve the legislature, who can approve, modify, or reject the proposals before they reach the ballot. Ultimately, the choice between a direct or indirect initiative depends on the specific context and the level of citizen involvement desired.
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Referendums in representative democracies
Referendums are a form of direct democracy, but they are usually understood within the context of representative democracy. They are used selectively, often to address issues such as changes in voting systems, where currently elected officials may not have the legitimacy or inclination to implement such changes. Referendums can be used to change constitutions, laws, or any other written rules. They can also be used to assess public opinion on particular statutes and issues.
Referendums can be classified into three types: obligatory, optional, and voluntary. Obligatory referendums are required by statute or constitution, where certain legislative actions must be referred to a popular vote for approval or rejection. For example, constitutional amendments proposed by legislatures in most U.S. states are subject to obligatory referendums. Optional referendums, on the other hand, are triggered when a specified number of voters petition for a popular vote on a law passed by the legislature. Voluntary referendums are submitted to voters by legislatures to decide an issue or gauge public opinion.
The use of referendums varies across countries. Switzerland, for instance, has conducted over 600 national referendums since its establishment as a modern state in 1848. Italy ranks second, with 78 national referendums. In contrast, Canada has had very few referendums, with only three referendum elections for voters. The United States does not hold referendums at the federal level due to constitutional restrictions, but many U.S. states have initiative and/or veto referendum processes at the statewide level.
The referendum process can be used to approve proposed constitutional changes, assess public opinion, and make decisions on specific issues. For example, mandatory referendums may be required for certain types of public spending, joining international organisations, or signing international treaties. Financial referendums are common, with many localities requiring a referendum for the government to issue bonds, raise taxes above a certain amount, or incur significant debt.
Referendums can also be used to change voting systems and address issues that elected officials may not have the legitimacy or inclination to address. For example, the Ludlow Amendment, a proposed constitutional amendment in the United States, would have allowed for a referendum after a congressional declaration of war. This amendment gained popularity in the 1930s to maintain American isolationism before World War II.
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The role of referendums in constitutional change
Referendums are a form of direct democracy that can be used to change constitutions or laws. They are common in some countries, such as Switzerland, which has conducted over 600 national referendums, but less common in others, like Canada, which has only had three referendum elections. In the United States, referendums are not held at the federal level, but they are common at the state level, with 26 states having initiative and/or veto referendum processes.
Referendums can also be used to approve proposed constitutional changes into law. For instance, a mandatory referendum may be required to approve certain types of public spending, join international organizations, or sign international treaties. In the US, referendums are used to authorize marketing quotas for certain agricultural products, with eligibility to vote limited to producers of those products.
Additionally, referendums can be used to assess public opinion on particular statutes and issues. States may hold referendums to gauge citizen sentiment on proposed laws before or after they are passed by the state legislature. This can be seen as a way to test public opinion and allow voters to have a direct say in the legislative process.
Overall, referendums play a crucial role in constitutional change by providing a mechanism for citizen participation and input in the amendment process. They allow for direct democracy and can be used to approve, reject, or propose changes to constitutions and laws. While the frequency and specifics of referendums vary across countries and states, they remain an important tool for effecting constitutional change.
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Referendums in the US
Referendums, also known as ballot measures, propositions, or ballot questions, are a form of direct democracy that allows citizens to vote on proposed changes to constitutions, laws, or other binding documents. While referendums are common in some countries, they are not held at the federal level in the United States due to constitutional restrictions. However, referendums are permitted in many US states, with 26 states having initiative and/or veto referendum processes at the statewide level.
The history of referendums in the US dates back to the 17th century, with the earliest examples occurring in New England during town hall meetings. The concept of legislative referendums, proposed by Thomas Jefferson in 1775, aimed to empower citizens to ratify laws and amendments proposed by their elected officials. While it was not adopted in Virginia, other states such as Massachusetts and New Hampshire implemented legislative referendums in the late 18th century.
The Progressive Era (1896-1917) played a significant role in the evolution of referendums in the US. During this period, initiatives and referendums were signature reforms aimed at moderating the power of political parties and corporations. In 1898, South Dakota became the first state to adopt the statewide initiative and popular referendum process, followed by other states like Montana, Oklahoma, and Maine.
Today, referendums in the US primarily occur at the state level, with each state deciding whether to hold a referendum and choosing the type of ballot used. Citizens can initiate popular referendums in 23 states and the US Virgin Islands, allowing voters to propose repealing specific state laws. Legislative referrals, on the other hand, are initiated by the state legislature and can lead to constitutional amendments or new statutes.
While federal-level referendums are not currently permitted in the US, there have been proposals for constitutional amendments to introduce ballot initiatives at the national level. The Ludlow Amendment, for instance, suggested allowing a referendum after a congressional declaration of war. Additionally, organizations like Healthy Democracy have proposed a Citizens' Initiative Review process, which involves a diverse group of voters deliberating on ballot measures and providing statements for voters' pamphlets.
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Frequently asked questions
No, referendums are not held at the federal level in the United States because the US Constitution and law do not allow for them. However, referendums may be held at the state level.
Referendums are used to change constitutions or law, or any other sort of written rules. They can also be used to assess how the public feels about particular statutes and issues on the ballot.
A plebiscite is like a general survey that allows voters to voice their opinion about a statute or proposed change. The result of a plebiscite may imply that a change is desired by the electorate, but it is not binding. A referendum, on the other hand, is binding and can result in the adoption of a new procedure, policy, or law.
Switzerland is well-known for its use of referendums, having conducted over 600 national referendums since its inauguration as a modern state in 1848. Italy has held the second-highest number of national referendums, with 78. Other countries that commonly use referendums include Australia, France, Ireland, and Denmark.
