Referenda

Typologies

A distinctive feature of the referendum is the great variety of forms that it can take. This introduces problems of comparability and makes general statements about the device difficult. Among the numerous modalities of the referendum, the one called initiative is considered to be the most important, as it indicates the maximum extent to which legislative power is delegated to the people. Most typologies of referenda are indeed based on this criterion and distinguish between mandatory (also termed compulsory or obligatory) referenda, on one side, and optional (or facultative) referenda, on the other, with a fundamental divide within the latter category between referenda initiated by institutional actors such as the executive, the legislative branch, or a parliamentary minority and popular initiatives. Many authors use the word referendum for mandatory referenda and referenda initiated from within institutions, while votes demanded by popular minorities are referred to as initiatives. Others use referenda for votes on legislative texts (current or pending legislation), whether they are initiated by institutional actors or by popular minorities, and initiatives for popular initiatives that are propositional (i.e., dealing with proposals for future legislation). The formal object of the referendum (current, pending, or proposed legislation), the category of legislative act it deals with (e.g., ordinary legislation, constitutional reform, international treaty), the subject (e.g., institutional, [Page 2227]territorial, moral, economic), the legal consequences of the vote (consultative—also termed advisory—or binding), and the territorial level at which it is organized (e.g., local/regional/national) are other frequent variables included in the typologies, creating numerous designations for the referendum. Here, we use the word referendum in a general sense, which includes all types of popular votes bearing formally on an issue. This entry does not consider agenda initiatives, whereby a number of citizens can submit a proposal that must be considered by the legislature but is not necessarily put to a vote of the electorate.

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