The Intelligibility of Referendum Issues and the Opportunities to Inform Voters. Comparative Observations with Special Regard to Hungary

László Komáromi,Gabriella Antalicz

doi:10.17951/k.2019.26.2.73-90

Abstract

The intelligibility of initiative proposals is of utmost importance in case of direct democratic decisions. This study sums up the tools by means of which voters are informed about referendum issues in countries or states with well developed direct democratic traditions, like Switzerland, Oregon and California. A special attention is paid to ballot pamphlets and requirements regarding the wording of the proposal. The second part of the study focuses on Hungary. Ballot pamphlets are not in use here, the practice of the authorities is centred on the “requirement of the unambiguity of the question”. Based on an analysis of the resolutions of the National Election Committee, the decisions of the Constitutional Court and the Curia (Supreme Court) of Hungary, the authors demonstrate that the requirement of unambiguity has become an obligation of initiators which is very difficult to comply with. The study finally recommends possible solutions in order to make the tool of bottom-up initiative a more practicable instrument of direct democracy in Hungary.

Highlights

Among the various institutions of direct democracy – by direct democracy are meant here procedures in which citizens may decide or express their opinions on LÁSZLÓ KOMÁROMI, GABRIELLA ANTALICZ policy issues directly at the ballot box – mechanisms triggered by the citizens themselves are often denoted with attributes like “bottom-up” or “citizen-initiated” and contrasted with “top-down” instruments, i.e. direct democratic procedures launched by authorities [cf. Altman 2011: 2, 8].The two types – “top-down” and “bottom-up” mechanisms – may have significantly different functions
Based on the above observations it would be worth considering the followings: The regulation should make a difference between initiatives in form of a general suggestion and in form of a detailed draft
The latter should be made possible

Summary

INTRODUCTION

Among the various institutions of direct democracy – by direct democracy are meant here procedures in which citizens may decide or express their opinions on LÁSZLÓ KOMÁROMI, GABRIELLA ANTALICZ policy issues directly at the ballot box – mechanisms triggered by the citizens themselves are often denoted with attributes like “bottom-up” or “citizen-initiated” and contrasted with “top-down” instruments, i.e. direct democratic procedures launched by authorities [cf. Altman 2011: 2, 8]. For example, which required to lay down by law that renewable energy takes precedence over all other sources of energy in the energy consumption of citizens, was rejected by the Curia, because it did not make clear, based on what criteria should renewable energy prevail and how the Parliament should implement this principle. This decision referred to another requirement, namely that the decision of people shall be realizable and executable.

I: POSSIBLE EXPLANATIONS

Findings

II: RECOMMENDATIONS