Consultative Referendum Research Articles

Demokracja bezpośrednia w Austrii – praktyka i perspektywy rozwoju

DIRECT DEMOCRACY IN AUSTRIA – PRACTICE AND DEVELOPMENT PROSPECTS First, the article traces the historical development of and legal regulations related to the instruments of direct democracy in the Second Republic. It details such forms of direct democracy as: the obligatory and optional referendum (Volksabstimmung), consultative referendum (Volksbefragung) and popular legislative initiative (Volksbegehren), as well as provides historical examples of their use. The latter part of the article elaborates on the positions of the main political parties in Austria and federal coalition plans for the years 2003-2020 against the backdrop of popularisation of forms of direct democracy. The research hypothesis adopted assumes that there is no agreement among the Austrian establishment as to whether direct democracy should become a permanent and significant supplement to representative democracy. The scarce interest in referendums and non-binding (consultative) referendums in Austria results from institutional and legal barriers, which make it difficult to initiate any forms of direct democracy, as well as from the huge influence of political parties that support representative democracy.

Referendums and popular consultations in the Spanish constitutional system: reflecting on the possibility of holding a referendum on the independence of Catalonia from Spain

This article aims to assess the possibility of convening a referendum linked to the initiation of a constitutional amendment to recognise Catalonia’s right to secede from Spain. With this purpose in mind, we will analyse the legal institution of the referendum and other forms of popular consultations provided for in the Spanish legal system, with particular emphasis on the institution of the “consultative referendum on issues of special political importance” enshrined in Article 92 of the Spanish Constitution. This will serve to bring knowledge and rationally challenge the theoretical proposals of some authoritative sources in the legal doctrine, who have argued that before formally initiating a constitutional reform process in Spain, it would be convenient to verify whether such a desire for independence actually exists in Catalonia by holding a consultative referendum in this region, which would be in accordance with the Constitution.

The Romanian Prezidentialized Consultative Referendum. Eating Apples from a Poisonous Tree? Personal and Teleological Interpretations

Abstract Through this article, we propose an (original) analytical approach on the consultative referendum of May 2019 and a wider critical landscape regarding the consultative referendum institution by enforcing a teleological interpretation. In this sense, we propose three sections. We will start with a short overview on the use of the consultative referendum in the recent years of Romanian democracy. In the second section we will focus on the consultative referendum from 26 May, 2019. In the third section we will ask the Founding Fathers of the Constitution for an “opinion” regarding the possibilities and impossibilities of the consultative referendum.

Referendum przedkonstytucyjne i dopuszczalność zmiany ustawy zasadniczej w trybie artykułu 125 Konstytucji RP z 1997 r.

Recently the issue of amendment of the basic law under Article 125 of the Constitution has become a very important subject of political and legal-scientific debate in our country. It has re-emerged after the President of the Republic of Poland, Andrzej Duda, announced in August 2017 that on 10–11 November 2018 a consultative referendum will be held on the adoption of the new Constitution of the Republic of Poland. This idea aroused fundamental doubts of a legal nature, as there are serious concerns as to the compliance with the Constitution of the Republic of Poland to order and conduct such a referendum. Despite the fact that President Duda's initiative has little chance of success in this parliamentary term, as on 24 July 2018, the Senate rejected the presidential motion for its ordinance, this does not mean that similar initiatives will not be taken in the future. From this perspective, it is worth discussing at this point two basic matters related to the issue under consideration – first, the subject of the referendum on matters of particular importance for the state and the previous attempts to amend the Constitution of the Republic of Poland under Article 125.

Referendum – instrument czy iluzja władzy polskiego suwerena?

Autor analizuje następujące problemy: polskie tradycje referendalne w XX w., obowiązujące uregulowanie referendum zawarte w Konstytucji Rzeczypospolitej Polskiej z 1997 r. i ustawie z 2003 r., współczesną praktykę referendum w Polsce (przedmiot i wyniki referendum przeprowadzonego w 1997, 2003 oraz 2015) oraz prawne granice władzy suwerena, czyli przedmiot dopuszczalnej decyzji Narodu w referendum. Wskazuje także perspektywy referendum konsultacyjnego w sprawie zmiany Konstytucji, związane z inicjatywą Prezydenta Rzeczypospolitej, zgłoszoną 3 maja 2017 r. Dotyczy ona zaangażowania obywateli w proces tworzenia konstytucji od początku, przed pracami w parlamencie, co nie miało precedensu w naszej historii. Wyraża pogląd, że niezależnie od wad obowiązującej regulacji prawnej i negatywnych doświadczeń wynikających z praktyki, referendum to może być dziełem suwerennego Narodu i wzmocnić autorytet nowej konstytucji.

Sustainability assessment of alternative end-uses for disused areas based on multi-criteria decision-making method

The main aim of this study was to define and apply a multidisciplinary and multi-criteria approach to sustainability in evaluating alternative end-uses for disused areas. Taking into account the three pillars of sustainability (social, economic and environmental dimension) as well as the need for stakeholders to have new practical instruments, the innovative approach consists of four modules stated (i) sociological, (ii) economic, (iii) environmental and (iv) multi-criteria assessment. By means of a case study on a small Municipality in Southern Italy, three end-uses alternatives, representing three essential services for citizens, were selected: Municipal gym; Market area; Municipal Solid Waste (MSW) separate collection centre. The sociological module was useful to select the most socially sound alternative by means of a consultative referendum, simulated with the use of a structured questionnaire administered to a sample of the population. The economic evaluation was conducted defining the bill of quantities with regarding to six main items (soil handling, landfill disposal tax, public services, structure and services, completion work, equipment and furnishings). The environmental evaluation was performed applying the Delphi method with local technicians who were involved in a qualitative-quantitative evaluation of the three alternatives with regarding to eight possible environmental impacts (landscape impact, soil handling, odour, traffic, noise, atmospheric pollution, wastewater, waste). Finally, the Simple Additive Weighting was used as multi-criteria technique to define alternatives priorities. The obtained results showed how the multi-criteria analysis is a useful decision support tool able to identify transparently and efficiently the most sustainable solutions to a complex social problem.

‘Gelovige ambachtslieden, bezig met een nuchter handwerk’

Abstract ‘Faithful artisans doing respectable work.’ The Dutch identification with the process of European integration in the 1950s This article takes issue with the dominant ‘realist’ and ‘neo-realist’ views in Dutch historiography, in which a major role is attributed to national interests in the process of integration and which devalues the role of ideas and ideals. The enthusiasm in the Netherlands for the European cause in the 1950s is indicated by a consultative referendum held on 17 December 1952 in Delft and Bolsward, two towns with populations politically and religiously representative of the Netherlands as a whole. The vast majority voted in favour of the idea of a European government, overseen by a democratically elected European Parliament. This article introduces the generation theory into the field of European integration history. It asks whether the enthusiasm for European integration in the 1950s can be attributed especially to the formative experiences of the pre-war generation (1910-29) with the economic crisis of the 1930s and the horrors of totalitarianism during the Second World War.

Demokracja partycypacyjna w Holandii na poziomie lokalnym. Analiza wybranych przykładów

Participatory Democracy in the Netherlands at Local Level: Analysis of Selected Examples The article focuses on the theoretical and practical aspects of participatory democracy at local level in the Netherlands. The author presents the legal acts on which participatory democracy is based in that country (communal law and social welfare act) and analyses selected examples such as the consultative referendum, survey, citizens' initia-tive, public opinion panel, consultations and participatory budget.

Консультативный референдум как самостоятельная форма выражения непосредственной демократии

The article determines a legal status of consultative referendum, makes the analysis of applicability and profitability of this institute appliance as a consultative referendum while solving the issues of social importance. The “substitution”, “consultative referendum” and “poll” notions are described.

The future of European integration and Brexit: Is Brexit only Brexit?

The consultative referendum held on June 23, 2013, showed that a majority of British voters are in favour of leaving the EU. Markets reacted and adapted, and politics made the first steps towards a UK outside the EU and an EU without Britain. This paper looks at the expected effects of Brexit in different fields: political and social effects, consequences for production and trade, and financial and fiscal effects. It then presents the institutional process of leaving the EU, stressing its indeterminacy, and considers the first steps undertaken so far. It concludes that the EU negotiation position is weak because of its internal problems and calls for the priority given in reforming the EU.

Explaining voting behavior in the Gothenburg congestion tax referendum

The Gothenburg congestion tax was introduced in 2013 and later subjected to a consultative referendum where the citizens, despite getting first-hand experience with the scheme, rejected it. This article explains voting behavior in the referendum using both self-expressed motives and five nested models to test various explanations suggested in previous research. Drawing on an extensive longitudinal study, we conclude first that although a majority voted against the tax in the referendum, attitudinal preferences have become more positive since its introduction – supporting previous findings and hypothesis of familiarity effects. Second, we present a model for voting behavior that explains significant portions of the variance, concluding that it is not the outcomes of the charges that are important, but rather if the charges are in line with basic values, if the uses of the revenues (in this case, infrastructure investments) are supported, and if the institutions and processes introducing the charges are perceived as legitimate, trustworthy, and responsive. The article ends with general policy recommendations on the basis of these findings.

Divorced from Political Reality: The New Limits of Ecclesiastical Power in Malta

Divorce legislation was enacted in Malta in 2011 following a consultative referendum. Until then the biggest barrier to divorce had been the perceived influence of the Catholic Church, expressed not just in its presence in many spheres of public life, but in historical reminders of the political costs of challenging its status and doctrines. The process leading to the introduction of divorce showed: that the political parties still feared confronting the Church; that the Church itself had been losing ground as a politically coercive or persuasive force; and that the biggest challenge to its status and relevance was coming from below, as a result of people's changing attitudes and lifestyle. This contrasts starkly with the history of Church–State relations and its landmark political–religious conflicts, involving the ecclesiastical establishment on the one hand, and secularising political forces on the other. Retracing the history of political–religious strife, this paper seeks to evaluate the changing quantity and quality of ecclesiastical power in Malta, up to the point when the divorce question exposed its limits, though not its end.

Pour une redéfinition du référendum consultatif

The purpose of this study is to analyze the practical difficulties that arise from the term consultative referendum’s traditional definition. Based on a consensus among some legal doctrine and the institutional practices of countries that hold referendums deemed «consultative» - such as Canada, the Scandinavian countries and the United Kingdom - we shall demonstrate that the results of a consultative referendum bind officials and that the very rare exceptions to this principle are justified by elements that, ultimately, do not pertain to the consultative or decisive nature of a referendum vote. It is imperative to redefine the notion of a consultative referendum so as to distinguish between a consultative and decisive referendum in order to avoid any confusion between the notions of «a binding or non-binding effect on Parliament» and «Parliament’s role in implementing the results». It then becomes necessary to differentiate how officials will take action according to the results of the referendum vote, which characterizes the traditional definition of a consultative referendum, from what constitutes the essence of this type of referendum vote, in other words that it is non-self-executing. Finally, in order to go beyond the binary and reductive characteristics of the typology consultative or decisive referendum, it would also be useful to view these two types of referendums as both extremities of a continuum where a third category, called orientation referendum, would fall in the middle.

The Dutch Referendum

Origin of referendum discussion in the Convention. The national debate on referenda. The crucial role of the liberal party. Referendum bill private members initiative. Referendum Act an ad hoc consultative referendum. Referendum the first opportunity for a broad political debate on the EU. Complacency and disorganised arguments of the ‘yes’ campaign. First analyses of referendum.

Improving the Process of Constitutional Reform in Canada: Lessons from the Meech Lake and Charlottetown Constitutional Rounds

AbstractThis article explores ways of improving Canada's constitutional reform process by systematically comparing the strengths and weaknesses of the Meech Lake and Charlottetown constitutional rounds during three phases: agenda-setting, elite negotiation and ratification. The objective is to draw lessons from these experiences for future attempts to achieve formal constitutional change. The author argues that both the Meech Lake and Charlottetown processes were seriously flawed, but in rather contrasting ways. The Meech Lake process was too closed, narrowly representative and tightly controlled by government elites. The Charlottetown process was poorly managed. It lacked focus, economy and coherence in agenda-setting and selection of items for negotiation, and integration and unified leadership in its elite bargaining structures and processes. The consultative referendum used in the Charlottetown process operated successfully, but still needed organizational fine-tuning and more effective meshing with established ratification procedures. What is required is a more finely balanced and closely integrated “blended” process of parallel elite and citizen-based consultative and participatory structures operating in all phases of the constitutional process. Within this framework, the author offers a comprehensive list of proposals for addressing and overcoming the shortcomings of earlier constitutional reform efforts.

Referendum Design: An Exercise in Applied Social Choice Theory

The formal status of the referendum institution in democratic system varies from consultative and optional to mandatory and binding. Despit the formal status, it can be argued that in all systems the legislators can hardly ignore the referendum results. The article presents two arguments: (1) The results of social choice theory suggest that the number of alternatives in referenda should to be restricted to two in order to a void severe problems of interpretation and agenda manipulation. (2) The consultative referendum system may lead to quite dramatic norm conflicts for both legislators and voters. Taken together, these two arguments imply that referenda are appropriate only in cases where there is natural way to dichotomize the issue at hand. Moreover, whenever a referendum is called, its result should be binding.

The Maastricht Treaty and France's "Great Design"

THE FRENCH REFERENDUM OF SEPTEMBER 20, 1992, concerning the ratification of the Maastricht Treaty, spectacularly imposed the idea of Europe, a concept long judged distant and too abstract by the majority of French people. This was a hazardous if not imprudent gamble, since nothing required the consultative referendum that a parliamentary vote could have easily replaced (at least in France). The referendum yielded the wellknown result: partial victory for Treaty supporters, victorious defeat for its detractors. Nonetheless, if the French debate--so passionately evoking the full force of the Dreyfus Affair or the Algerian War-seriously sidetracks the construction of Europe, France still remains a country transformed by more than a decade of socialism and almost as long a period of a strict monetary policy. But there is the old and the new in this. The old, regarding Maastricht, is the return of the revolutionary phraseology and the affirmation of the Republic, possibly marking the of the end of the French exception, as Franqois Furet has phrased it. What is also old, is the anti-European holy alliance of the extreme right and the extreme left, united for the first time since the 1930s in their mutual loathing for parliamentary institutions. The new--which is not new in itself, but must be stated or restated-is that after the referendum, there are two Frances: a France of the rich and elevated cultural capital (pro-Maastricht), and a France of fear, poverty and ignorance (anti-Maastricht). Indeed, that the class struggle is a reality (which official France denied in the eighties) and that the public votes in protest amounts to a rude awakening after the bliss of the 1980s. If the average person has finally been invited to take an interest in the European question, and has finally been consulted on what concerns him or her, reflection on the question still clearly began before September 20, 1992.

Photovoltaics in the Swedish power system?

SYNOPSIS The Swedish Dower system is today based on hydro power (production 65 TWh/year) and nuclear power (production 55 TWh/year from 1986). Small amount of oil and gas is used for power production during peak periods. The Swedish Parliament decided in 1980, after a consultative referendum, that all nuclear reactors will be closed between 1997 and 2010. In that perspective several new technologies are possible to use for power production. One interesting possibility is photovoltaic power production. The objective of the paper is to analyse conditions for the use of photovoltaics in the Swedish power system. The cost for electricity from photovoltaic power plants is calculated from cost goals in the United States photovoltaic development programme. Different costs during construction and operation are added. The capital costs are calculated for a real discount rate of 4% and the lifetime for the plant is assumed to be 30 years. The receipts for photovoltaics are calculated from long run marginal revenues (power values) at year 2010. The calculations give following results. If the lower cost goal for late 1990s is achieved, then electricity from photovoltaic power plants in Sweden will cost 3.6 pence/kwh (40 öre/kwh). The higher cost goal for 1990s results in an energy cost of 4.6 pence/kwh (51 öre/kWh). The cost for electricity from photovoltaic power plants will be the same as the cost for electricity from coal-fired power plants if the coal price rises from UK £ l.3/GJ during 1983 to UK £3.4–4.5/GJ around the decade 2000–2010.