A popular referendum, depending on jurisdiction also known as a citizens' veto, people's veto, veto referendum, citizen referendum, abrogative referendum, rejective referendum, suspensive referendum, and statute referendum,[1][2][3] is a type of a referendum that provides a means by which a petition signed by a certain minimum number of registered voters can force a public vote (plebiscite) on an existing statute, constitutional amendment, charter amendment, or ordinance; in its minimal form, it simply obliges the executive or legislative bodies to consider the subject by submitting it to the order of the day.[4][5] It is a form of direct democracy.[6]
Unlike a popular initiative or legislative referendum that allows voters to suggest new legislation, a popular referendum allows them to suggest repealing existing legislation.[4][5] As with an initiative, a popular referendum is held after a given number of signatures supporting it have been submitted to the authorities; in some cases, such a referendum may also be initiated by regional authorities.[3][6] Depending on local legislation, the popular referendum may be implemented only in a short window of time after the legislation has been passed; in others it may be used to defeat any existing legislation.[3][7][8] Specific details on the applicable procedure such as the number of signatures, whether there is a time limit and its duration on when the popular referendum may be passed, and the body to which they must be submitted vary from country to country, and in the United States from state to state.
Supporters of the popular referendum point out that it is a safeguard against special interests taking over, and protects the rights of minorities.[2][6] Critics point out that popular referendums have a higher voter turnout by people who have strong feelings about the issue at hand, and as such, it empowers special interests.[6]
Worldwide implementation
editThis section needs to be updated. (December 2018) |
Europe
editThirty countries allow for referendum initiated by the population on the national level[9] In Europe the popular referendum (commonly known as abrogative referendum) was first introduced in Switzerland in St. Gallen canton in 1831, and was introduced to the whole country known as the optional referendum.[10] It now exists in Albania,[11][12] Denmark (since 1953),[2] Italy (since 1970),[2][11][12] Malta,[11][12] Russia[11][12] and Switzerland (since 1874).[2][13]
Latin America
editIn Latin America, the popular referendum exists in Colombia, Uruguay and Venezuela.[14]
United States
editIn the United States, such a process exists, as of May 2009, in 23 states and one territory: Alaska, Arizona, Arkansas, California, Colorado, Idaho, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming and the U.S. Virgin Islands.[4][15][16] The popular referendum was first introduced in the United States by South Dakota in 1898,[17] and first used in the United States in 1906, in Oregon, two years after the initiative was used (in 1904, also in Oregon).[18]
Africa
editIn 1992, South Africa held a historic referendum in which white voters supported ending apartheid, paving the way for democratic reforms and multiracial governance in the country.[19]
In 2023, the Central African Republic held a referendum on constitutional changes potentially allowing President Faustin-Archange Touadéra to extend his time in office, a move that raised concerns about democratic backsliding.[20]
See also
editReferences
edit- ^ Initiative Process Archived 2010-03-09 at the Wayback Machine, ballot.org
- ^ a b c d e Setälä, Maija (December 1999). "Referendums in Western Europe – a wave of direct democracy?". Scandinavian Political Studies. 22 (4): 327–340. doi:10.1111/1467-9477.00022. Full text.
- ^ a b c Maija Setälä, Referendum, Agenda-Setting and Models of Democracy: Majority Rule in Different Models of Democracy
- ^ a b c Initiative, Referendum and Recall, NCSL.org
- ^ a b National new era, No.18, Volume XX, The New Era Co., May 1, 1903, p.3 Google Print, full view
- ^ a b c d Veto, Sun Journal - Oct 23, 1999
- ^ Referendums, ACE Encyclopedia, Electoral Knowledge Network
- ^ David Butler, Austin Ranney, Referendums around the world: the growing use of direct democracy, American Enterprise Institute, 1994, ISBN 0-8447-3853-0, Google Print, p.63
- ^ Popular or citizens initiative: Legal Designs
- ^ (in Polish) Demokracja bezpośrednia i semibezpośrednia Archived 2015-08-06 at the Wayback Machine
- ^ a b c d Pierre Garrone, Referenda in Europe Archived 2011-07-22 at the Wayback Machine, Council of Europe
- ^ a b c d Study on Referendum Archived 2013-01-17 at the Wayback Machine, European Commission for Democracy Through Law (Venice Commission)
- ^ Venice Commission (20 October 2005). Referendums in Europe - an analysis of the legal rules in European States. European Commission for Democracy through Law. CDL–AD(2005)034. Report adopted by the Council for Democratic Elections at its 14th meeting.
- ^ J. C. Madroñal, The direct democracy in Latin America, 2004
- ^ States that allow for the Ballot Initiative Process Archived 2011-07-23 at the Wayback Machine, ballot.org
- ^ Initiative and Referendum States
- ^ Arthur N. Holcombe, State Government in the United States, Read Books, 2007, ISBN 1-4067-7154-6, Google Print, p.141
- ^ Arthur N. Holcombe, State Government in the United States, Read Books, 2007, ISBN 1-4067-7154-6, Google Print, p.529
- ^ Strauss, Annette (June 1993). "The 1992 Referendum in South Africa". The Journal of Modern African Studies. 31 (2): 339–360. doi:10.1017/S0022278X00011964. ISSN 1469-7777.
- ^ "Central African Republic: Referendum Poses Risks | Human Rights Watch". 2023-06-05. Retrieved 2024-10-30.