In representative democracies, referendum voting and parliamentary elections provide two fundamentally different methods for determining the majority opinion. We use three mathematical paradoxes – so-called majority voting paradoxes – to show that referendum voting can reverse the outcome of a parliamentary election, even if the same group of voters have expressed the same preferences on the issues considered in the referendums and the parliamentary election. This insight about the systemic contrarieties between referendum voting and parliamentary elections sheds (...) a new light on the debate about the supplementary value of referendums in representative democracies. Using this insight, we will suggest legal conditions for the implementation of referendums in representative democracies that can pre-empt the conflict between the two methods for determining the majority opinion. (shrink)

ABSTRACTThis paper analyses the discourses produced on their websites by the two organisations that conducted the official ‘leave’ and ‘remain’ campaigns in the Brexit referendum. The analysis, whi...

This book places the European Referendum of 2016 into a historical context that began in the late nineteenth century through to the present day. It provides a constitutional and international perspective, and ask how far the original ideas lying behind the referendum were fulfilled in practice.

This book focuses on sovereignty referendums, which have been used throughout different historical periods of democratization, decolonization, devolution, secession and state creation. Referendums on questions of sovereignty and self-determination have been a significant element of the international political and legal landscape since the French Revolution, and have been a central element in the resolution of territorial issues from the referendum in Avignon in 1791 until today. More recent examples include Quebec, East Timor, New Caledonia, Puerto Rico and South Sudan. (...) The global aim of this book is to achieve a better empirical and legal understanding of sovereignty referendums and related problems in international and national law and politics. Accordingly, it presents readers a comprehensive study of sovereignty referendums from the perspectives of both international and constitutional law. (shrink)

A referendum was held on October 1st, 1978 at Andenne, a municipality in the French-speaking part of Belgium, on the settlement of a nuclear plant. A referendum on the settlement of an ecologically noxiousindustry was held at Tessenderlo, a municipality in the Dutch-speaking part of Belgium, on March 25th, 1979. These referenda are unique in their kind in Belgium. They show a very large similarity bath in theirset-up and their results. The turn-out can be considered satisfying high, especially (...) since compulsory voting could not be imposed. The votes cast were mainly nays. (shrink)

Do democratic systems that include binding referendum and initiative processes violate a core principle of democracy, namely that legislators should be accountable? Some have argued that they do: these popular vote processes would grant the right to legislate to ordinary voters even though they cannot be held accountable—i.e., face possible consequences imposed by others for their actions and decisions. As a result, we should favor conventional representative systems over systems with popular vote processes. In this article, I analyze this (...) ‘accountability objection’ to referendums and initiatives and the conception of voters as ‘legislators’ on which it relies and argue that it does not withstand scrutiny. I first demonstrate that there is no sound basis to characterize only voters in popular votes, and not voters in elections, as ‘legislators’. Therefore, the scope of the objection is broader than anticipated by its proponents: it cannot be consistently used to dismiss popular votes without also being fatal to elections. I then argue that voters’ lack of accountability is not fatal to either mass voting process. The institutional role of ordinary voters provides them with co-lawmaking powers; but these are not the kind of special powers that justify holding certain actors accountable in democratic systems. This does not exclude that voters have responsibilities. I close by highlighting that, compared to conventional representative systems, democratic systems including well-designed popular vote processes could offer voters more supportive conditions to meet such possible responsibilities. (shrink)

The paper aims at revealing the key legal and political factors that determined the organization and holding of the referendum on unconditional and urgent withdrawal of the former USSR army from the territory of the Republic of Lithuania and restitution of damage to Lithuania. It is established that the main factor was that the Supreme Council-Reconstituent Seimas of the Lithuanian Republic adopted provisions on the status of the occupation army and was constant in seeking to ensure the sovereignty of (...) the state of Lithuania throughout its territory. The position of the nations, parliaments and governments of the Republics of Estonia and Latvia was yet another circumstance that the organizers of the referendum relied upon. Their position was aimed at ensuring that as a result of negotiations, the foreign military forces return to dislocation places in its own territory. Retrospective view on the phenomena and facts of the state’s internal and foreign politics in 1991-1992 makes it impossible not to notice that negotiations with the USSR and later, with the Russian Federation, took place in a complicated political arena. While Lithuania was seeking dynamism in negotiations, the other party was finding various excuses to impede dynamic actions and thus to delay positive agreements. Taking due regard to the situation, it was believed that a decision adopted by the Nation would speed up the negotiations on foreign state’s armed forces. (shrink)

We consider situations of multiple referendum: finitely many yes-or-no issues have to be socially assessed from a set of approval ballots, where voters approve as many issues as they want. Each approval ballot is extended to a complete preorder over the set of outcomes by means of a preference extension. We characterize, under a mild richness condition, the largest domain of top-consistent and separable preference extensions for which issue-wise majority voting is Pareto efficient, i.e., always yields out a Pareto-optimal (...) outcome. Top-consistency means that voters’ ballots are their unique most preferred outcome. It appears that the size of this domain becomes negligible relative to the size of the full domain as the number of issues increases. (shrink)

Referenda have traditionally been anathema to Liberal theorists. On the basis of previously unpublished material it is suggested that the English constitutional theorist Albert Venn Dicey succeeded in developing an argument for a limited use of the referendum within the Liberal tradition. It is argued that Dicey's theory of the referendum can be seen as a part of a comprehensive theory of democracy which included considerations on political education. Dicey's theory is not only one of the few examples (...) of a political theory of the referendum, it also shows that Dicey was a prominent democratic theorist. (shrink)

On 12 June 2000, the tenth anniversary of Boris Yeltsin's election as head of the reconstituted Russian state, 180 people who had formed an ‘initiative group for a pan-Russian referendum’ launched a campaign to collect the two million signatures required by Russian law to organize a popular initiative referendum which included these three questions:-Are you opposed to the importing of radioactive material from other states to be stored, buried or reprocessed on Russian territory?-Are you in favour of the (...) existence of a federal environmental protection agency which would be independent of those bodies concerned with exploiting and managing natural resources?-Are you in favour of the existence of a legally independent state service for forests in Russia? (shrink)

There are more types and kinds of referendum so for all forms of referendum, the Constitutional Court is the one confirming the results and certifying the accuracy of the procedure for organization and holding of a referendum. Also there are many criteria and species of referendum.

Phrasing the question is one of the most delicate points of a referendum. A first problem is to choose the most important alternatives. Several procedures to select these alternatives and to avoid some kinds of manipulation, exist. There are a lot of arguments for the voting on principles, but also a lot against.The Swiss criterion for «unity of matter» is not workable; a new criterion is proposed. The danger of suggestivity is real. Rules to prevent these dangers are discussed. (...) Finally, some remarks are made on the problem «who decides on the question?». A neutral commission is wishful. (shrink)

In this paper, we argue that the All Affected Principle generates a puzzle when applied to carbon tax referendums. According to recent versions of the All Affected Principle, people should have a say in a democratic decision in positive proportion to how much the decision affects them. Plausibly, one way of being affected by a carbon tax referendum is to bear the economic burden of paying the tax. On this metric of affectedness, then, people who pollute a lot are (...) ceteris paribus more affected than people who don’t, because the former stands to pay more in carbon taxes than the latter. Consequently, people who pollute a lot receive large voting power, while people who pollute a little receive little voting power. This is a puzzling distribution of voting power for several reasons. First, it is instrumentally counterproductive if the goal is to rectify damages to the climate. Second, it introduces prudential incentives for everyone to pollute more to gain voting power. Third, the relative difference in voting power between people who pollute a lot and people who don’t is puzzling from a desert-based point of view, since the former often make a serious effort to avoid polluting, while the latter don’t. (shrink)

In referendum elections, voters are often required to register simultaneous votes on multiple proposals. The separability problem occurs when a voter’s preferred outcome on one proposal depends on the outcomes of other proposals. This type of interdependence can lead to unsatisfactory or even paradoxical election outcomes, such as a winning outcome that is the last choice of every voter. Here we propose an iterative voting scheme that allows voters to revise their voting strategies based on the outcomes of previous (...) iterations. Using a robust computer simulation, we investigate the potential of this approach to solve the separability problem. (shrink)

Recent research has shown that in referendum elections, the presence of interdependence within voter preferences can lead to election outcomes that are undesirable and even paradoxical. However, most of the examples leading to these undesirable outcomes involve contrived voting situations that would be unlikely to occur in actual elections. In this paper, we use computer simulations to investigate the desirability of referendum election outcomes. We show that highly undesirable election outcomes occur not only in contrived examples, but also (...) in randomly generated elections. Our data suggest that the presence of interdependent preferences significantly increases the likelihood of such undesirable outcomes, and that certain alternative voting methods, such as sequential voting and setwise aggregation, hold the potential to produce outcomes that more accurately reflect the will of the electorate. (shrink)

The formation of new states has always been an uncertain process. Yet with the emergence of global war and the destabilization of the political categories of modernity, state founding has become ev...

Why does #RepealedThe8th matter for feminist legal studies? The answers seem obvious in one sense. Feminism has long constituted itself through the struggle for sexual and reproductive justice, and Irish feminism has contributed a significant ‘legal win’ with the landslide vote of approval for lifting abortion restrictions in the referendum on the 25th May 2018. That win comes at a global moment when populist legal engagement is doing significant damage in countries that regard themselves as world leaders, and beyond. (...) #RepealedThe8th offers Ireland, and the world, the actuality that the popular vote, and everything that contributes to it, could be something else. Repeal shows how legal tools like the vote may be made into an expression of care for reproductive lives. This expression is important in recognizing pregnant people as knowing agents who are best placed to decide, and in seeking to do justice to those who contribute to everyday reproductive life. But repeal, like the many who brought it into being, has multiple meanings. #RepealedThe8th matters because it is a moving process of socio-legal translation, which draws on a collective energy, ‘repeal energy’, to turn the travesty that was the Eighth Amendment and all it represents into a search for the rest of reproductive life. In opening up the meaning of the vote, much like feminists elsewhere have opened up the meaning of the strike, Irish feminists have turned public mourning over past mistreatment into a series of reproductive connections. This is not a strategy that can be rolled out. Figuring out #RepealedThe8th will take many tellings. Rather we need to give repeal, and repealers, room to breathe and rest. We need to feel our way through repeal’s production of legal change so that this success is not reduced to some generic transferable set of legal instructions. I begin by reflecting on repeal as a process of feminist socio-legal translation, which shows us how legal change comes about through the motivation of collective joy, the mourning of damaged and lost lives, the sharing of legal knowledge, and the claiming of the rest of reproductive life. (shrink)

ABSTRACTThe EU referendum was arguably the greatest political event in British politics since 1945 and the campaign was marked by divisive rhetoric. This paper investigates how Britain’s membership...

In the opinion of many Slovenian and Croatian scholars, the constitutional and legislative design of citizen-initiated referendums in their respective countries was in many ways flawed. Referendums initiated by citizens have caused, at least from the point of view of governments in these two countries, many unexpected constitutional, political and/or economic problems. Over the years, several unsuccessful constitutional reforms of the institute of referendum have been attempted both in Slovenia and Croatia. In 2013, Slovenia finally attained its ‘constitutional moment’ (...) in which it was possible to reach an almost universal consensus in the National Assembly on constitutionally redesigning the legislative referendum. On the other hand, several attempts by the Croatian Parliament to amend the constitutional provision relating to citizens’ initiatives have come to nothing due to the interests of the major parties in the constitutional amendment process being different. (shrink)

This study is concerned with the use of epistemic legitimising strategies in online newspaper articles dealing with the Scottish referendum. In this sense, we seek to explore cases of epistemic stance that indicate epistemological positioning and persuade readers of the veracity of propositions. Our study covers Scottish journal articles published online within 5 days prior to results day. In this article, we are interested in the way the Scottish newspapers deal with the topic of the independence referendum and (...) the degree of commitment in journalists’ choice of linguistic strategies. We analysed the newspaper articles manually but corpus tools were also used in order to verify initial findings and for statistical purposes. The results of the use of epistemic stance devices in the different categories were contrasted and our conclusions showed the preferred legitimising strategies used by journalists in the Scottish newspapers. (shrink)

In a 2018 referendum, the Irish electorate voted in favour of repealing Ireland's quasi-total legal ban on abortion. The referendum campaign saw important public discussions regarding gender roles in twenty-first century Ireland. While the constitutional ban on abortion was condemned by abortion rights advocates for marginalising women's agency, the legislation which replaced it has not escaped criticism either. Therefore, questions surrounding the conceptualisation of women's agency in the 2018 referendum are still relevant today. Adopting a multimodal critical (...) discourse analysis approach, this paper analyses signage from the weeks before the vote to examine the discursive construction of women's agency in the linguistic landscape of the referendum campaign. I argue that many mainstream campaign organisations – including those arguing for liberalisation of abortion laws – were complicit in the discursive diminishment of women's agency, suggesting that the campaign did not necessarily challenge prevailing ideologies of gender and agency. (shrink)

El presente trabajo se propone brindar un abordaje normativo de la cuestión de la legitimidad democrática de los referéndums. Se centrará en una objeción puntual contra ellos, la que los sospecha de proveer a la mayoría un medio para tiranizar a las minorías, aquí traducida en términos de tensión entre el principio de soberanía popular y el sistema de derechos, pues exacerba la soberanía popular en detrimento de derechos humanos, en el caso, derechos de las minorías. Contra esta objeción sostendré (...) que si la gramática institucional del referéndum garantiza una estructura básica de justicia y él es utilizado en un contexto democrático, entonces este armoniza el principio de soberanía popular y el sistema de derechos, y por tanto, no representa un medio para tiranizar a las minorías, i.e. goza de legitimidad democrática en lo que concierne al aspecto aquí considerado. En el caso de que alguna de aquellas condiciones falten, el referéndumresulta ilegítimo en términos democráticos. Del primer tipo de referéndum se dirá que pertence a la forma pura, mientras que, del segundo, se dirá que reviste la forma corrupta. A lo largo del artículo se especificará en qué consisten las condiciones y. (shrink)

This article investigates how voters made sense of the Dutch EU constitutional referendum. Based on a series of focus group interviews, it identifies what information people based their understandings on, and traces the relations they draw between concepts in their own accounts of their vote choices. Applying a cognitive connectionist perspective on the construction of meaning, it models people's considerations as paths across semantic networks. It finds that people shared considerable parts of the knowledge underlying their constructions, but used (...) this information quite differently. They strategically selected frames from their information environment, and reframed contrary arguments to fit their constructions. Yes- and No-voters drew in systematically different additional information, while simultaneously engaging idiosyncratic concerns to personalize their accounts. People's understandings are thus informed and constrained, but by no means determined, by public discourse. Highlighting people's activity and creativity, this paper calls for a stronger audience perspective in political communication research. (shrink)

This essay explores the discursive invocation of ‘civil war’ to describe the polarization of the political terrain in post-Referendum Britain in order to contextualize the National Theatre’s production of Carol Ann Duffy and Rufus Norris’s ‘verbatim’ play My Country and its representation of Brexit. It shows how the political reality of Brexit, understood as a crisis of ‘general enculturation’, undermined the NT’s attempt to transcend the impasse of the political context. It argues that in identifying the NT with the (...) play’s central figure of Britannia, an image of reconciliation, the theatre failed to account for its own implication in the wider crisis of enculturation. (shrink)

ABSTRACTThis article analyses vox pops in British television news programmes during the 2016 EU referendum. It is informed by a data set of 383 vox pops across the three main terrestrial TV news pr...

This paper is concerned with the Convention’s “democracy clause,” that is Article 3 of Protocol No. 1, which provides for the right to free elections. Why should it be described as a “democracy clause” and what is its significance for today? The paper first sketches out the drafting history, which reveals that while the framers were keen to preserve their inherited domestic institutions, they also thought it crucial to promote democracy. The Convention invokes but does not define democracy. It is (...) within the Court’s competence to elucidate its meaning. The Court holds that pluralist democracy is the only system compatible with the Convention. This paper argues that Article 3 of Protocol No. 1 further presupposes a representative legislature. It does not require member states to introduce a specific system of elections and representation, but it obliges them to conform to parliamentary democracy. Thus, the Court’s model of democracy rests on two pillars: pluralism and parliamentarism. It subscribes to pluralist democracy theories but contradicts the monolithic conception endorsed by Carl Schmitt. The Court’s model has the potential to offer a robust account of democracy. Yet, Article 3 of Protocol No. 1 has never lived up to its potential. The Court’s relevant jurisprudence is inadequate to address the contemporary antidemocratic shifts that are underway in certain member states. Hence, the paper suggests that the Court’s power to apply this clause is not limited to general elections but also extends to presidential elections and referendums. (shrink)