Book contents
- The Cambridge Handbook of Constitutional Theory
- The Cambridge Handbook of Constitutional Theory
- Copyright page
- Contents
- Figures
- Contributors
- Frontispiece
- Preface and Acknowledgements
- 1 Introduction
- Part I Values
- Part II Modalities
- Part III Institutions
- Part III. A The State
- Part III. B The Executive
- Part III. C The Democratic System
- 41 Constituent Assemblies
- 42 Citizenship
- 43 Elections
- 44 Political Parties
- 45 Legislatures
- 46 Referendums
- 47 Citizens’ Juries/Minipublics
- Part III D The Legal System
- Part III E The Global System
- Part IV Challenges for Constitutional Democracy
- Bibliography
- Index
- References
46 - Referendums
from Part III. C - The Democratic System
Published online by Cambridge University Press: 27 March 2025
- The Cambridge Handbook of Constitutional Theory
- The Cambridge Handbook of Constitutional Theory
- Copyright page
- Contents
- Figures
- Contributors
- Frontispiece
- Preface and Acknowledgements
- 1 Introduction
- Part I Values
- Part II Modalities
- Part III Institutions
- Part III. A The State
- Part III. B The Executive
- Part III. C The Democratic System
- 41 Constituent Assemblies
- 42 Citizenship
- 43 Elections
- 44 Political Parties
- 45 Legislatures
- 46 Referendums
- 47 Citizens’ Juries/Minipublics
- Part III D The Legal System
- Part III E The Global System
- Part IV Challenges for Constitutional Democracy
- Bibliography
- Index
- References
Summary
Referendums trigger both enthusiasm and scepticism among constitutional theorists. The positive case for the referendum emphasises its ability to give the people a consequential voice on salient decisions, its capacity to break political deadlock and enrich the political agenda, its educational civic role, as well its anti-establishment and even radically democratic potential. The negative case, conversely, focuses on the referendum’s divisiveness, propensity to be manipulated by elites, and tendency to produce ill-informed decisions. Between these two poles are various attempts to evaluate the referendum as a complement to rather than replacement for representative institutions, and to stipulate conditions for its proper institutionalisation. The spread of sophisticated disinformation campaigns and the growing interest in deliberative innovations such as mini-publics also raise new questions about referendum design, safeguards, and legitimacy. This chapter takes seriously the democratic case for the use of referendums while revisiting three areas of concern: the ambiguous place of referendums within democratic theory, including its relationship to direct, representative, and deliberative democracy; the complex interplay between referendums as majoritarian tools and minority rights; and the novel opportunities and distinct challenges to informed voter consent in the digital era, not least disinformation and fake news.
Keywords
- Type
- Chapter
- Information
- The Cambridge Handbook of Constitutional Theory , pp. 810 - 828Publisher: Cambridge University PressPrint publication year: 2025