Referendum - SpeedyLook encyclopedia

In North America

Canada

Yes, in 1898, 1942, and not, in 1992.

Quebec

The Parti Québécois set up two referendums to engage the negotiations for the sovereignty of Quebec. It deposited with the National Assembly White paper on the project of sovereignty-association, on November 1st 1979, and the May 20th 1980 took place the referendum on the sovereignty-association of Quebec. This referendum was a defeat for the Parti Québécois Rene Lévesque, “not” collecting close to 60% voices. The Parti Québécois nevertheless was re-elected with the election general following, on April 13rd 1981.

A second referendum on sovereignty took place on October 30th 1995: not was majority with only less than one point of variation (50,5%). Jacques Parizeau, then chief of the Québécois party and Prime Minister, had declared during an emission with Stéphan Bureau, recorded the day of the referendum, that if the option were not accepted, he would resign - what he did.

the United States

Non-existent with the federal , possible level in the States. Very running in the west, less in the east.

In Asia

Thailand

Yes, in 2007.

In Europe

In the European Union

Germany

The fundamental law lays down referendum only for the change of layout of the borders of Länder, their fusion or their scission. The referendum takes place in the territories concerned. However, according to the legislations of different Länder and communes, of the local referendums are authorized, just as the popular initiative. More infos, in German

Austria

Yes, in 1994 on adhesion with the European Union.

Belgium

Exceptionally, in 1950 on the return of the king.

Cyprus

A referendum was organized the April 24th 2004 in the two parts of the island of Cyprus to come to a conclusion about the peace plan suggested by the the United Nations which aims to the reunification of the country after thirty years of divisions and abortive negotiations between the two communities Greek and Turkish of the island.

The Cypriot Greeks voted “not” to 76%. On the other hand, 65% of Cypriot Turkish voted “yes” in the plan of the United Nations.

Denmark

Yes, in 1972 (adhesion), 1986 (Single act), 1992 (twice on the treaty of Maastricht), 1998 (treated of Amsterdam), 2000 (Euro). A referendum on the European Constitution took place on September 27th 2005.

Spain

According to article 92 of the constitution of 1978, “the political decisions of an particular importance could be submitted to all the citizens by the way of an advisory referendum” realizing prior approval of the Congress of the deputies.

This article was applied twice:

in 1986, when the Socialist Felipe González made approve by referendum the maintenance of his country in the Atlantic military organization
in 2005 when the Socialist Jose Luis Rodríguez Zapatero made adopt the European Constitution by proposing the following question: “Do you Approve the Treaty establishing a Constitution for Europe? ” (" ¿ Aprueba usted el Tratado por el that establece una Constitución Europa para? ")

See the article dedicated to the European Constitution and the articles Referendum on the European constitution and Spanish Referendum on the European constitution.

Estonia

Yes in 2003 on adhesion with the European Union.

France

Hungary

Yes, in 2003 on adhesion with the European Union.

Ireland

Yes, necessary to modify the Constitution (21 out of 25 since 1972 was approved). A referendum was envisaged on the European Constitution, but was finally cancelled.

Italy

The use of the referendum as proceeded of consultation of the electorate so that he comes to a conclusion about a question by an affirmative response or negative can relate to legal standards of row various. If the recourse to the referendum is generally allowed out of constituent matter, although it is used little in France, it is far from being usually accepted out of legislative matter. Moreover, France requires that it be supplied with an initiative of the executive power. The EC in his report/ratio 1993 (EDCE n°45, p.140) specified that the popular initiative constituted contrary procedure a “with the French constitutional tradition”. However, this position with regard to the referendum is not shared by the Italian components which founded a legislative Contre-pouvoir by the means of the abrogative referendum of popular initiative. The Italian Constitutional court played a big role to frame this practice a posteriori by instituting a control.

The abrogative referendum

A true legislative countervailing power

Article 75 of the Italian Constitution of December 27th, 1947 specifies qu'" a popular referendum is fixed to decide abrogation, total or partial, of a law or an act having value of law, when five hundred and thousand voters or five District councils ask it. The referendum is not authorized for the tax laws and budgetary, of amnesty and handing-over of sorrow, authorization to ratify the international treaties. All the citizens called to elect the House of Commons have the right to take part in the referendum. The proposal submitted to the referendum is approved if the majority of the voters took part in the vote and if the majority of the votes cast favorably were reached. The law determines the details of implementation of the référendum". The constitutional law of March 11th, 1953 relating to the standards complementary to the Constitution concerning the Constitutional court adds in its article 2 a competence of control of the admissibility of the requests for referendum.

Thus, at the same time as there is legislative countervailing power, there is also safeguard of some Legal security by withdrawing from the referendum the possibility of repealing laws which could put in danger the management of the State, by requiring the participation of the majority of the voters and by instituting a control of the requests. However, the Parliament tried to block the vote of the law necessary to the implementation of the abrogative referendum which was adopted only on May 25th, 1970, then tried to introduce provisions allowing him to control the course of the referendum. Indeed, article 39 of the above mentioned law lays out that " when before the date of the course of the referendum, the law or the act having the force of law or their specific measures to which the referendum refers, were repealed, the central Office for the referendum declares that the relative operations do not have any more cours".

A control of constitutionality a priori and a posteriori

This law made it possible to the legislator to formally repeal the law which was the subject of the referendum and to substitute for it new of the same provisions row in the hierarchy of the standards. The Italian Constitutional court corrected the orientation given by the legislator on the initiative chief clerk in his decision n°68 of 1978 (control a posteriori impossible in France) where it estimates that this article is illegal because not laying down adequate means to defend the signatories of the requests for abrogative referendum. Not being able to cancel the law, because that would have paralyzed the institution chief clerk, the judges adopt an additive decision: they add to the text controlled a standard fixing the conditions of intervention of the legislator on the standards being the subject of an abrogative referendum. Thus, if the law is repealed before referendum and is replaced by other provisions of comparable nature and having the same object, the referendum will take place on the new legislative measures. Lastly, the Constitutional court founded the prohibition of the re-establishment by the legislator of the standard repealed in his decision n°468 of 1990, estimating that " the referendum expresses a final will and not being able to be retirée".

The Court thus protected the institution chief clerk against activism from the Parliament but it also framed the use of the referendum. Indeed, the request for referendum undergoes a control of legality in front of the Office for the referendum near the Court of appeal (respect of the legislative procedure) and a control of admissibility before the Constitutional court (appreciation of the respect by the requests of the constitutional regulations laid down by article 75 of the Constitution). This control gave place has an important jurisprudence (106 decisions between 1972 and 2000) aiming at excluding from the field chief clerk the laws connected to the laws aimed by article 75 and those whose normative force is higher than that of the ordinary laws as those whose normative contents can be modified without attacking the constitutional provisions only they implement. The Court controls the formal requirements of the chief clerks questions in order to allow a vote conscious of the voters but also examines the purpose continued by abrogation chief clerk (normative effect concerned, nonmanipulatif effect i.e. not creator of a new regulation).

Thus, by its daring jurisprudence, the Italian Constitutional court knew to control the improper use of the abrogative referendum while protecting its effectivity. This experiment shows well that French fears of an abusive recourse to this type of referendum are not justified; on the contrary, the Parliament is not only incited to improve quality of its normative production but also with being more attentive with waitings of the citizens who elected it. It is an good example of a greater effective participation of the citizens with the national political life. It is also necessary to announce the Spanish experiment of local participative democracy to Rubì, in the province of Barcelona, which takes as a starting point that of Porto Alegre in Brazil: direct participation of the inhabitants, via assemblies and other organizations, with the development of the budget of the city and thus with the choice of the local political priorities. Per hour when the abstention with the elections shows an increasingly large distance between the political community and the citizens, these two experiments can constitute lines of thinking as for a means of curing this increasing disaffection of the voters.

Other referendums

Article 138 of the Constitution lays down the possibility of subjecting a constitutional law to a referendum. The first referendum of this type took place in 2001. A second referendum of this type will take place June 25th and 26th 2006: to see Constitutional referendum of 2006 in Italy.

In addition, pursuant to article 132 of the Constitution, a referendum can decide fusion of the fusion of areas or creation of new areas.

Latvia

Yes, in 2003 on adhesion with the European Union.

Lithuania

Yes, in 2003 on adhesion with the European Union.

Luxembourg

A advisory referendum on the European Constitution took place on July 10th, 2005.

Malta

Yes, in 2003 on adhesion with the European Union.

Netherlands

A advisory referendum on the European Constitution took place on June 1st, 2005. Résultat : rejection.

Poland

Yes, in 2003 on adhesion with the European Union. A advisory referendum on the European Constitution was envisaged in 2005 but was cancelled.

Portugal

A advisory referendum on the European Constitution was also cancelled. In 2007, a referendum on the voluntary interruption of pregnancy.

Czech Republic

Yes, in 2003 on adhesion with the European Union.

the United Kingdom

Since 1973 (referendum in Northern Ireland), the procedure of the referendum becomes increasingly usual in the United Kingdom. There were referendums in the constituent countries of the United Kingdom, like in areas and cities. However, the only national referendum took place in 1975 on the question of adhesion to the EEC. But a referendum on the possible introduction of the Euro is envisaged, and the April 20th 2004, the Prime Minister Tony Blair announced her wish to submit the project of European Constitution to popular approval by way of referendum, probably in 2006, i.e. after the renewal of the House of Commons.

Slovakia

Yes, in 2003 on adhesion with the European Union.

Slovenia

Yes, in 2003 on adhesion with the European Union.

Sweden

Yes, 6 since 1922.

Apart from the European Union

Norway

Yes.

Swiss

At the federal level, the referendum (called in Switzerland " votation") is envisaged by the Constitution of 1848, revised completely in 1999 and which founds the federal State . The referendum is optional for any bill or decree adopted by the federal Assemblée; it is to say that the object in question is subjected to the vote of the people (majority of the people alone) if 50.000 citizens ask it by signing an ad hoc form. In the event of constitutional modification and adhesion at a supranational organization, the referendum is obligatory. The obligatory referendum requires the majority of the people and of the cantons, while the optional referendum requires only the majority of the people.

Since 1874, the constitution adds to the instruments of Direct democracy the popular right of Initiative. This right makes it possible to subject a constitutional modification to the electorate (and, since 2000, a modification of a federal law, in order to avoid having to register in the constitution of the provisions which would be more in their place in a law; for example speed on the highways), so at least 100.000 citizens ask it. The voting must then collect a double majority: that of the people (more half of the voters) and that of the cantons (at least 13,5 cantons).

In general, there is ten objects subjected to the popular verdict each year. Since 1875, the Swiss people voted on 537 referendums and initiatives (257 accepted, 280 refused).

The semi-direct democracy also exists inside each canton. The various cantons have similar procedures, but the number of signatures necessary is lower. In certain cantons and certain communes, the referendum is obligatory for all the laws introducing of the new expenditure (i.e not envisaged by the annual budget) higher than a definite amount. In this case, it is not necessary to join together signatures, the law is automatically subjected to the approval of the electorate. In the Canton of Geneva for example, the right of referendum in financial matters is very wide, so much so that certain articles of the law drawing up the annual budget are subjected to the optional referendum. Such is not the case at the federal level where the annual budget cannot be attacked by way of referendum.

In Oceania

Australia

Yes, necessary to modify the Constitution (8 out of 43 since 1909 were approved).

See too

referendum|referendum

External bonds

Study of the constitutional provisions relating to the référenda in several European countries and the United States

Simple: votes by plebiscite Zh-min-nan: Kong-bîn tâu-phiò

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