Jonah Patel
Referendums are a form of direct democracy that allow citizens to vote directly on specific issues, such as constitutional amendments, budget allocations, or policy decisions. The concept of a referendum has evolved over time, with various forms of direct democracy being implemented in different parts of the world. While the term referendum is believed to have originated in Switzerland as early as the 16th century, the use of referendums became more prevalent in the 19th and 20th centuries, with hundreds of national referendums being organised worldwide. In the United States, referendums, also known as ballot measures or propositions, have been utilised since the 17th century, with the first official use of a referendum for constitutional ratification taking place in Massachusetts in 1778. Today, referendums continue to play a significant role in political decision-making, with certain countries and states mandating their use for specific purposes, such as constitutional amendments or public spending decisions.
| Characteristics | Values |
|---|---|
| Origin | The term "referendum" is thought to have originated in Switzerland as early as the 16th century. |
| Types | Obligatory, Optional, Voluntary, Financial, Budget, Mining, Independence, Mandatory, Legislative, Ballot Measure, Veto, Popular, and more. |
| Usage | Used as a political tool to amend constitutions, ratify international treaties, approve spending, and more. |
| History | First used in Massachusetts in 1778; since the 18th century, almost 600 national referendums have been held in Switzerland. |
| Frequency | The referendum as a political tool has been increasing in popularity since the 1970s. |
| Reasons | Increase in popularity attributed to dealignment with political parties and focus on specific policy issues. |
| Initiatives | Used in conjunction with initiatives to allow citizens to propose and vote on legislation directly. |
| Examples | Used in Switzerland, the US, France, Italy, Ireland, Australia, and more. |
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What You'll Learn
Obligatory vs. optional referendums
Referendums can be classified into two main categories: obligatory (or mandatory) referendums and optional (or facultative) referendums.
Obligatory Referendums
Obligatory referendums are required by statute or constitution for certain types of legislative action, such as constitutional amendments. In other words, they are legally required to be put to a referendum. For example, in the United States, constitutional amendments proposed by legislatures in most states are subject to obligatory referendums. Similarly, Connecticut adopted obligatory referendums on amendments to state constitutions proposed by state legislatures in 1818, and this method has become prevalent for the amendment of all state constitutions. In addition, many countries or local governments choose to enact constitutional amendments with mandatory referendums, including Australia, Ireland, Switzerland, Denmark, and 49 of the 50 US states.
Obligatory referendums are also used for certain types of public spending. For instance, some states in the US require referendums on bond issues, and among local governments, obligatory referendums are common for bond issues, tax questions, and related matters.
Optional Referendums
On the other hand, optional referendums are not legally required and can be initiated by the government or, in some cases, other parties. They are sometimes triggered by a request from governmental authorities or the public and are a form of direct democracy. The most well-known type of optional referendum is the popular initiative, where citizens propose and vote on a law, and the abrogative referendum, where citizens force a vote on a new law passed by the legislature, potentially leading to its repeal or amendment.
The number of signatures required for an optional referendum varies; in Switzerland, for example, the number was initially 30,000 but was increased to 50,000 in 1977 due to population growth and the introduction of women's suffrage. While optional referendums may not be legally binding, it can be politically challenging for a government to disregard the outcome.
Historical Context
The term "referendum" has its origins in the Swiss canton of Graubünden as early as the 16th century, with the first use of the referendum for constitutional ratification occurring in Massachusetts in 1778. The popularity of referendums has been increasing since the 1970s, attributed to the public's growing focus on specific policy issues over party identifiers.
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Legislative referral
The specific details of the legislative referral process can vary depending on the country and its constitutional framework. In some systems, the referral may be initiated by a petition signed by a specified number of legislators, after which the proposed bill is placed on the ballot for a popular vote. This process allows legislators to gauge public support for a particular measure and can be particularly useful for controversial or significant issues.
One of the key advantages of legislative referral is that it provides a mechanism for direct democracy, giving citizens a more direct role in the legislative process. This can help ensure that laws are more closely aligned with the will of the people and promote legislative transparency and accountability. Additionally, legislative referral can serve as a check and balance on the power of the legislative body itself.
However, it is important to note that legislative referral can also be subject to potential drawbacks and criticisms. For instance, the process may be susceptible to political manipulation or abuse if adequate safeguards are not in place. Moreover, the process can be time-consuming and costly, particularly if multiple referrals are placed on a single ballot.
Overall, legislative referral empowers citizens by providing a direct avenue for participation in shaping legislation and amending the constitution. However, it is important to carefully design and implement this process to ensure its effectiveness and prevent potential abuses. The specifics of the legislative referral process, including the number of legislators required to initiate a referral and the conditions under which it can be invoked, may vary depending on the constitutional framework of a particular country.
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Independence referendums
Referendums are a form of direct democracy that have been used by governments around the world since the 16th century. An independence referendum is a type of referendum in which the residents of a territory decide whether or not their territory should become an independent sovereign state. An independence referendum that results in a vote for independence does not always ultimately result in independence. For example, in 2017, the Spanish Constitutional Court suspended Catalonia's independence referendum.
In the United States, initiatives and referendums are written into several state constitutions, particularly in the West. As of 2024, these processes are only available at the state level and do not exist for federal legislation. The term "referendum" in the US normally refers specifically to questions about striking down enacted law, known internationally as the popular referendum. Almost all US states have at least one form of a legislatively referred process to amend their constitutions. Many states have laws in their constitution requiring a question to hold a constitutional convention to appear before the voters after a scheduled amount of time.
In the UK, the Brexit referendum was a notable example of a referendum that did not concern independence. International tribunals have traditionally not interfered with referendum disputes, but in 2021, the European Court of Human Rights extended its jurisdiction to referendums in its judgment in the case of Toplak and Mrak v. Slovenia, which was initiated by two disabled voters over polling place access.
In pre-referendum disputes, plaintiffs have often tried to prevent the referendum from taking place. In post-referendum disputes, they challenge the result.
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Civil rights referendums
The referendum, or the process of putting a political question to a direct vote by the entire electorate, is a powerful tool in a democratic society. It allows for direct participation in decision-making, bypassing the usual law-making process, which often involves elected representatives. In the context of civil rights, referendums can be a double-edged sword, offering both opportunities for advancing equality and the risk of entrenching discrimination.
On the other hand, civil rights referendums can also be used to roll back or prevent the expansion of rights for marginalised communities. This can occur when a conservative or reactionary political force harnesses the referendum process to entrench existing biases and discriminatory practices into law. A notable example was California's Proposition 187 in 1994, which sought to deny undocumented immigrants access to public services such as education and healthcare. While the measure passed, it was later blocked by the courts as unconstitutional.
The potential for abuse in civil rights referendums underscores the importance of strong constitutional safeguards and an independent judiciary. Without these checks and balances, the referendum process can become a vehicle for populism, where majority rule trumps the protection of fundamental rights for minorities. This tension between direct democracy and minority rights is a complex issue that legal scholars and political philosophers continue to debate.
Ultimately, the value of a civil rights referendum depends on the specific context, the existing political climate, and the strength of the constitutional framework within which it operates. When used appropriately, referendums can empower citizens to shape the laws that govern their society and ensure that everyone's rights are respected and protected. However, when misused or abused, referendums can lead to the marginalisation of vulnerable groups and the erosion of hard-won civil liberties.
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History of initiatives and referendums
The initiative and referendum (I&R) process has a long history in the United States, with various forms existing since the 17th century. The process began in New England, where ordinances and other issues were listed on town hall meeting agendas, setting a precedent for legislative referendums. Legislative referendums allow citizens to ratify laws and amendments proposed by their elected officials. Thomas Jefferson proposed a legislative referendum for Virginia's state constitution in 1775, but it was not adopted. However, in 1778, Massachusetts became the first state to hold a statewide legislative referendum, with citizens ratifying the state constitution. New Hampshire followed suit in 1792.
In the late 19th century, the populist and progressive movements sought to increase their check on representative government, as they felt that wealthy special interest groups controlled it. This led to the proposal of a comprehensive platform of political reforms, including women's suffrage, secret ballots, direct election of senators, recall elections, and primary elections. The initiative process, which allows citizens to collect signatures to place new statutes or constitutional amendments on the ballot, gained traction during this time.
The first state to introduce the popular referendum was South Dakota in 1898, and it was first used in Oregon in 1906. Montana was the first state to approve an initiative and popular referendum amendment proposed by its state legislature in 1906. Oklahoma became the first state to include the initiative and popular referendum in its original constitution in 1907. Other states, such as Maine, Michigan, and California, followed suit in the early 20th century.
Today, 26 US states have initiative and/or veto referendum processes at the statewide level, and all states have at least one form of legislatively referred processes. While these processes are only available at the state level and do not exist for federal legislation, they provide a form of direct democracy, allowing citizens to have a direct say in government policy and proposed legislation.
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Frequently asked questions
A referendum is a direct vote by the electorate on a proposal, which may be binding or advisory.
There are obligatory and optional referendums. Obligatory referendums are required by statute or constitution for certain legislative actions, such as constitutional amendments. Optional referendums are triggered when a specified number of voters petition for a popular vote on a law.
The referendum originated in Switzerland as early as the 16th century. In the United States, various forms of referendums have existed since the 17th century, with the first statewide initiative and referendum process adopted by South Dakota in 1898.
Examples of referendums include financial referendums, which involve direct votes on government budget items, and independence referendums, where residents of a territory vote on sovereignty.
Referendums are commonly used in Switzerland, the United States, and several European and Commonwealth countries. In the US, 49 states, except Delaware, allow for legislatively referred state constitutional amendments.
