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46 - Referendums

from Part III. C - The Democratic System

Published online by Cambridge University Press:  27 March 2025

Richard Bellamy
Affiliation:
University College London
Jeff King
Affiliation:
University College London
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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.

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Publisher: Cambridge University Press
Print publication year: 2025

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References

Recommended Reading

Albert, R. & Stacey, R. eds. (2022). The Limits and Legitimacy of Referendums, Oxford: Oxford University Press.CrossRefGoogle Scholar
Baume, S., Boillet, V., & Martenet, V., eds. (2021). Misinformation in Referenda, London: Routledge.Google Scholar
Bellamy, R. (2023). Political Constitutionalism and Referendums: The Case of Brexit. Social & Legal Studies. 32 (6), 973–995.CrossRefGoogle Scholar
Bernhard, L. (2012). Campaign Strategy in Direct Democracy, Basingstoke: Palgrave Macmillan.CrossRefGoogle Scholar
Carolan, E. (2020). Constitutional Change Outside the Courts: Citizen Deliberation and Constitutional Narrative(s) in Ireland’s Abortion Referendum. Federal Law Review, 48 (4), 497510.CrossRefGoogle Scholar
Cetra, D., Casanas-Adam, E., & Tarrega, M. (2018). The 2017 Catalan Independence Referendum: A Symposium. Scottish Affairs, 27 (1), 126143.CrossRefGoogle Scholar
Hobolt, S. B. (2009). Europe in Question: Referendums on European Integration, Oxford: Oxford University Press.CrossRefGoogle Scholar
King, J. (2019). The Democratic Case for a Written Constitution. Current Legal Problems, 72 (1), 136.CrossRefGoogle Scholar
LeDuc, L. (2015). Referendums and Deliberative Democracy. Electoral Studies, 38, 139148.CrossRefGoogle Scholar
Matsusaka, J. (2020). Let the People Rule: How Direct Democracy Can Meet the Populist Challenge, Princeton: Princeton University Press.Google Scholar
Moeckli, D. (2011). Of Minarets and Foreign Criminals: Swiss Direct Democracy and Human Rights. Human Rights Law Review, 11 (4), 774794.CrossRefGoogle Scholar
Morel, L. & Qvortrup, M., eds. (2017). The Routledge Handbook to Referendums and Direct Democracy, London: Routledge.CrossRefGoogle Scholar
Parkinson, J. (2020). The Roles of Referendums in Deliberative Systems. Representation: Journal of Representative Democracy, 56 (4), 485500.CrossRefGoogle Scholar
Suteu, S. & Tierney, S. (2018). Squaring the Circle? Bringing Deliberation and Participation Together in Processes of Constitution-Making. In Levy, R. et al., eds., The Cambridge Handbook of Deliberative Constitutionalism. Cambridge: Cambridge University Press, pp. 282294.CrossRefGoogle Scholar
Swiss Political Science Review (2018) Debate: Do Referendums Enhance or Threaten Democracy? Swiss Political Science Review, 24 (3), 291358.CrossRefGoogle Scholar
Tierney, S. (2012). Constitutional Referendums: The Theory and Practice of Republican Deliberation, Oxford: Oxford University Press.CrossRefGoogle Scholar

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  • Referendums
  • Edited by Richard Bellamy, University College London, Jeff King, University College London
  • Book: The Cambridge Handbook of Constitutional Theory
  • Online publication: 27 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781108868143.053
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  • Referendums
  • Edited by Richard Bellamy, University College London, Jeff King, University College London
  • Book: The Cambridge Handbook of Constitutional Theory
  • Online publication: 27 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781108868143.053
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Referendums
  • Edited by Richard Bellamy, University College London, Jeff King, University College London
  • Book: The Cambridge Handbook of Constitutional Theory
  • Online publication: 27 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781108868143.053
Available formats
×