Mandatory referendum

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A mandatory referendum, also known as an obligatory referendum, is a referendum that is legally required to be held under specific circumstances. This is in contrast to an optional referendum, which comes from either by public or legislative request. The actions that require mandatory referendums are set by law and normally concern major governmental actions or matters of large public significance. The most commonly found example worldwide of a mandatory referendum is a required referendum to adopt or amend a national constitution, which exists in many countries. [1]

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Austria

In Austria, a mandatory referendum at the federal level is provided for in the event of an overall amendment to the federal constitution (Art. 44 para. 3 B-VG). An overall amendment to the constitution occurs when one or more of the construction principles of the constitution (democratic, federal, rule of law, separation of powers or liberal construction principle) are seriously changed. [2] It is controversial whether only the National Council or also the Federal President can decide whether a constitutional amendment is categorized as an overall amendment and whether a referendum should therefore be held. [3] According to the case law of the Constitutional Court, the implementation of a referendum cannot be forced, but is finally decided by the National Council. Failure to hold a referendum in the event of an overall amendment to the Federal Constitution can only be criticized as a procedural defect in the legislative process.

The referendum of June 12, 1994 on Austria's accession to the European Union was an obligatory referendum at the federal level. [4] In the summer of 2008 - a few weeks after the ratification of the Lisbon Treaty - the Social Democratic Party of Austria campaigned for mandatory referendums on major changes to the EU treaties. [5] A corresponding parliamentary initiative requested mandatory referendums on major EU treaty amendments initially found a parliamentary majority, but ultimately failed due to the requirement of a two-thirds majority.

A decision by the Federal Assembly to remove the Federal President before the end of his term of office (Art. 60, Para. 6 B-VG) triggers a mandatory referendum. So far there has been no use case for this.

Local referendums in Austria

At the state level, mandatory referendums are planned in the states of Vorarlberg and Salzburg. In Salzburg, every "general amendment to the state constitution" must be submitted to a referendum before it is announced in the state law gazette. In Vorarlberg, a mandatory referendum for individual, specially designated fundamental changes is ordered. In 1998 there was an obligatory referendum in Salzburg to abolish the mandatory proportional representation of the state government.

The mandatory referendum in the city of Salzburg is planned at the municipal level. A referendum must be held in the event of a significant change in the urban landscapes that shape the cityscape. [11] In this way, the protection of urban landscapes anchored in the City of Salzburg's Grassland Declaration is safeguarded against deterioration. In Carinthia there is a mandatory referendum in the event of a planned demise of a municipality.

Switzerland

A poster in support of the admission of Switzerland in the League of Nations (1920). Switzerland joined the United Nations in 2002. Votation Societe des Nations 1920.jpg
A poster in support of the admission of Switzerland in the League of Nations (1920). Switzerland joined the United Nations in 2002.

Mandatory referendums in Switzerland, generally known as an obligatory referendum (German : obligatorisches Referendum, French : référendum obligatoire, Italian : referendum obbligatorio, Romansh : referendum obligatoric) are a relatively common instrument of direct democracy. It is a mechanism that holds mandatory votation of some decisions of the federal, cantonal, or municipal parliament and/or government, such as modifications of the Constitution or adhesion to supranational communities on a federal or cantonal level, or for example substantial financial decisions decreed by cantonal and/or communal executive and/or legislative bodies. [6]

National mandatory referendums in Switzerland

Switzerland has three main subjects that require a mandatory referendum at the federal level: [7]

The three subjects above require both a majority of the votes in the popular vote as well as in majority of the cantons (double majority).

Swiss Mandatory referendum statistics
Mandatory referendums1848-19501951-19801981-March 2020Total
Yes check.svg Accepted435873174
X mark.svg Rejected20172966
Total6375102240
Source: Swiss Federal Statistical Office [8]

See also

Bibliography

Related Research Articles

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<span class="mw-page-title-main">Territorial evolution of Switzerland</span>

The territorial evolution of Switzerland occurred primarily with the acquisition of territory by the historical cantons of the Old Swiss Confederacy and its close associates. This gradual expansion took place in two phases, the growth from the medieval Founding Cantons to the "Eight Cantons" during 1332–1353, and the expansion to the "Thirteen Cantons" of the Reformation period during 1481–1513.

A two-part referendum was held in Switzerland on 23 May 1875. A new federal law establishing and certifying civil status and marriage was narrowly approved, whilst a new federal law on suffrage was narrowly rejected.

Two referendums were held in Switzerland in 1887. The first was held on 15 May, asking voters whether they approved of a federal law on spirits, and was approved by 65.9% of voters. The second was held on 10 July, asking voters whether they approved of an amendment made to article 64 of the federal constitution, and was approved by 77.9% of voters and 20.5 cantons.

Five referendums were held in Switzerland in 1891. The first was held on 15 March on a federal law on federal officials who had become unemployable due to disability, and was rejected by 79.4% of voters. The second was held on 5 July on a constitutional amendment, and was approved by 60.3% of voters. Two referendums were held on 18 October, one on revising article 39 of the federal constitution and one on a federal law on Swiss tariffs; both were approved. The last was held on 6 December on the question of whether the federal government should purchase the Swiss Central Railway, but was rejected by 68.9% of voters.

Three referendums were held in Switzerland during 1895. The first was held on 3 February on a popular initiative on a federal law on Swiss embassies abroad, and was rejected by a majority of voters. The second was held on 29 September on a federal resolution on amending the constitution regarding the institution of a match monopoly, and was rejected by a majority of voters and cantons. The third was held on 3 November on a constitutional amendment regarding the military, and was also rejected by a majority of voters and cantons.

Three referendums were held in Switzerland during 1898. The first was held on 20 February on a federal law that would nationalise the railways, and was approved by a majority of voters, leading to the establishment of Swiss Federal Railways in 1902. The second and third referendums were held on 13 November on revising article 64 and adding article 64bis to the constitution, both of which were approved by a majority of voters and cantons.

Three referendums were held in Switzerland during 1897. The first was held on 28 February on a federal law establishing a Central Bank, and was rejected by a majority of voters. The second and third were held on 11 July concerning an amendment to article 24 of the constitution and on legislation on potentially harmful foodstuffs and stimulants. Both were approved by a majority of voters and cantons.

Four referendums were held in Switzerland during 1903. The first was held on 15 March on a federal law on tariffs, and was approved by 59.6% of voters. The second, third and fourth were all held on 25 October concerning an amendment to the federal criminal law, a popular initiative on Swiss residents electing the National Council and an amendment to article 32bis of the constitution. All three were rejected by voters.

Three referendums were held in Switzerland during 1919. The first two were held on 4 May on amending the constitution to add article 24ter on shipping, and on a constitutional amendment to impose a war tax. Both proposals were approved by a majority of voters and cantons. The third was held on 10 August on temporary amendments to article 73 of the constitution, and was also approved in spite of low turnout.

A double referendum was held in Switzerland on 15 May 1927. Voters were asked whether they approved of amending article 30 of the constitution and a federal law on car and bicycle traffic. The constitutional amendment was approved by voters, whilst the traffic law was rejected.

Five referendums were held in Switzerland during 1931. The first was held on 8 February on a federal resolution on a petition for a referendum on article 12 of the constitution concerning bans on religious orders, and was approved by a majority of voters and cantons. The second and third were held on 15 March on revising article 72 of the constitution concerning the election of the National Council and on revising article 76, 96 and 105 on the legislative term. Both were approved. The fourth and fifth were held on 6 December on a federal law on aged and bereavement insurance and a federal law on tobacco taxation. Both were rejected.

Six referendums were held in Switzerland during 1938. The first four were held on 20 February; the first on amending articles 107 and 116 of the constitution to make Romansch an official language, which was approved by over 90% of voters and all cantons. The second was on a popular initiative "on urgent federal resolutions and the protection of people's rights" and was rejected by 85% of voters. The third was on a popular initiative on the private arms industry, and was also rejected by a wide margin, whilst the fourth was on a counter-proposal to the arms industry question, and was approved by voters. The fifth referendum was held on 3 July on the penal code, and was approved. The sixth and final referendum of the year was held on 27 November on a federal resolution on the transient order of the federal budget, and was approved by 72% of voters.

Four referendums were held in Switzerland during 1939. The first two were held on 22 January on a popular initiative on civil rights and a federal resolution on the restricted use of the urgency clause in the constitution. The third was held on 4 June on a constitutional amendment regarding the funding for government policies on defence and unemployment, and was approved by voters. The fourth was held on 3 December on a federal law on the employment status and insurance for federal civil servants, and was rejected by voters.

A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This article summarises referendum laws and practice in various countries.

The financial referendum is a form of the referendum and an instrument of direct democracy. It always relates to parts of the public budget of a government and allows citizens to vote directly on individual budget items.

<span class="mw-page-title-main">Mandatory referendums in Switzerland</span> Direct democracy instrument in Switzerland

Switzerland employs mandatory referendums as a tool of direct democracy.

References

  1. ↑ "ACE". aceproject.org. Retrieved 29 April 2021.
  2. ↑ Öhlinger, Theo (2007), "Die Wirtschaftsverfassung der EU", Die europäische Wirtschaftsverfassung de lege lata et ferenda, Europainstitut Wirtschaftsuniversität Wien Schriftenreihe, vol. 28, Vienna: Springer Vienna, pp. 269–283, doi:10.1007/978-3-211-73603-6_11, ISBN   978-3-211-73602-9 , retrieved 29 April 2021
  3. ↑ Öhlinger, Theo (2007), "Die Wirtschaftsverfassung der EU", Die europäische Wirtschaftsverfassung de lege lata et ferenda, Europainstitut Wirtschaftsuniversität Wien Schriftenreihe, vol. 28, Vienna: Springer Vienna, pp. 269–283, doi:10.1007/978-3-211-73603-6_11, ISBN   978-3-211-73602-9 , retrieved 29 April 2021
  4. ↑ Rapp, Sebastian (2016), "VIII. Volksabstimmung vom 14. Juni 2015", Direkte Demokratie in der Schweiz, Nomos Verlagsgesellschaft mbH & Co. KG, pp. 558–579, doi:10.5771/9783845279404-558, ISBN   978-3-8452-7940-4 , retrieved 29 April 2021
  5. ↑ King, Manfred (June 2012). "Facharztvertrag Psychotherapie startet im Juli". Der Hautarzt. 49 (11): 22. doi:10.1007/s15200-012-0600-9. ISSN   1434-8950.
  6. ↑ "Referendums". ch.ch - A service of the Confederation, cantons and communes. Berne, Switzerland: Swiss Confederation. Archived from the original on 10 January 2017. Retrieved 9 January 2017.
  7. ↑ Direct Democracy (PDF). The International IDEA Handbook. 2008. p. 27. ISBN   978-91-85724-50-5.
  8. ↑ statistique, Office fédéral de la. "Votations". www.bfs.admin.ch (in French). Retrieved 13 March 2022.
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