Referendums and Direct Democracy: How Voters Decide Laws
A referendum is a direct vote by citizens on a single question, such as a proposed law, and its result is binding or merely advisory depending on the country.
A referendum is a vote in which all eligible voters decide a specific question directly, instead of electing representatives to decide it. The question is usually a proposed law, a constitutional change or a policy, and the answer is often yes or no. Some referendums are binding, so the result becomes law, while others only advise the government.
What is the difference between a referendum and an initiative?
A referendum asks voters to accept or reject a proposal that already exists. A popular initiative starts with citizens instead. If enough people sign a petition, a new proposal is put to a vote. In Switzerland, for example, a federal initiative needs 100,000 signatures within 18 months, and an optional referendum on a new federal law needs 50,000 signatures within 100 days.
The two often work together. A government may hold a referendum on its own proposal, while a citizens' initiative may need a vote before it can change the constitution. The exact rules depend on each country's constitution.
What kinds of referendum are there?
The main kinds differ in who starts the vote and whether the result must be followed.
| Kind | Who starts it | Is the result binding? |
|---|---|---|
| Mandatory referendum | Set by the constitution | Usually yes |
| Optional referendum | Citizens, by collecting signatures | Usually yes |
| Popular initiative | Citizens, by collecting signatures | Usually yes |
| Advisory referendum | Government or parliament | No |
The 2016 referendum on the United Kingdom's membership of the European Union was advisory. Parliament was not legally bound by its result, although the government treated it as a decision to be carried out.
Where are referendums used most?
Switzerland is the country most often cited, because it has used national referendums since the nineteenth century and holds votes on several questions in most years. Ireland requires a referendum before any change to its constitution. Many US states allow citizens to place initiatives on the ballot, and California has allowed statewide initiatives since 1911.
Referendums are less common in countries where parliament is the main decision maker. Even there, a national vote is usually reserved for major questions. Norway, for example, held two votes on European Union membership, in 1972 and 1994.
Some systems set a higher bar than a simple majority. Australia's constitutional referendums need a majority of voters nationally and a majority of voters in most states. Only a small minority of the proposals put to Australian voters have passed.
Do referendums improve democracy?
Supporters argue that a referendum gives citizens a direct say on a question that politicians may avoid, and that a clear result can settle a dispute that has divided parliament for years. They also point out that a vote can make a law more legitimate, because more people have taken part in the decision.
Critics raise several problems. Complex policy is reduced to a yes or no. The wording of the question can change the answer, a pattern studied under the framing effect, and campaigns can be expensive. Campaigns often describe change as a loss, which can shift votes in a way described by loss aversion. Some argue that a majority vote can remove rights from a minority in a way that is hard to reverse.
Researchers and politicians still disagree about whether referendums strengthen or weaken democracy. The answer depends on the design: the threshold for a vote, the rules for campaigning, and whether courts can review the result.
Where did the idea come from?
Direct votes on laws are older than modern democracy. Ancient Athens had an assembly in which citizens voted on decisions directly. In the modern era, Switzerland's federal constitution of 1848 required a popular vote on changes to the constitution, and the practice spread from there. Earlier struggles over consent, such as the limits on the crown in Magna Carta, were about barons rather than voters, but they helped set the idea that rulers need approval.
Referendums are a tool, not a complete system. They work best as one part of a wider set of rules, alongside elected assemblies, courts and a free press.
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decision making direct democracy law politics