The power to hold a referendum derives exclusively from the constitution of a State and applies to the laws of that State; People do not have the right to challenge a federal law by referendum. The right to referendum and the procedure for exercising the right to referendum are set forth in the Constitution and the statutes of the State. The referendum process is essentially the same in all states. First, there must be a petition for a referendum indicating, among other things, the title and type of legislative act that the petition must submit to referendum. The petition is then distributed for signature. In principle, anyone entitled to vote can sign a petition for a referendum, even if they are not registered to vote. When the required number of signatures is collected, the petition is submitted. If the petition is confirmed as sufficient, the referendum action will be placed on the ballot for approval or rejection by the people. If the required number of votes, usually a majority of the votes cast, is in favour of the referendum, the referendum shall be adopted. Normally, the people vote on a referendum measure in parliamentary elections, but special referendum elections can also be held.
In some states, there is no limit to the right to vote and any law can be challenged by referendum. In many states, however, the Constitution provides exceptions to the right to hold a referendum for certain types of laws. Typically, constitutional provisions on referendums create an exception for laws necessary to support state government and state or public institutions, as a referendum on such a measure could result in the removal of the functioning of one branch of government. This exception applies in particular to tax and allocation measures. In addition, most states create an exemption from the power to hold a referendum for laws necessary for the immediate maintenance of public peace, health, or safety, allowing the legislature to exercise police power without hindrance. Finally, measures declared emergency measures by the legislator are not normally the subject of a referendum. In February, a referendum will be held in Slovakia on whether marriage should be defined as a union between a man and a woman. In particular, a video of an apparently drunk Morgan embarrassed supporters of the referendum. REFERENDUM, international law. If an ambassador receives proposals that touch on a matter over which he does not have sufficient power and no instruction, he accepts them ad referendum, that is, on condition that they are implemented by his government to which they are referred. In that case, the note addressed to his Government to submit the matter to him for consideration was called a referendum. A direct referendum on a matter of public policy, such as a proposed amendment to a state`s constitution or bill.
Referendums, which allow the general population to participate in policy-making, are not used at the national level, but are common at the state and local levels. A referendum is often used to measure the approval or rejection of laws that have recently been passed or are being considered by a state legislature. A referendum can also be used to initiate legislative action. Britannica.com: Encyclopedia article on referendum The power to hold a referendum is created by state constitutions and conferred on citizens of a state or local subdivision of the state. The referendum gives the people the opportunity to express their opinion on legislative proposals before it enters into force as law. The power of the referendum does not allow the people to invalidate a law that has already entered into force, but suspends or repeals a law that has not yet entered into force. In this sense, the referendum is similar to a governor`s veto power. In addition, the people may reinstate a law by referendum which the legislator has expressly repealed. Referendum and initiative are the two forms of direct legislation adopted by many States during the direct democracy movement of the early twentieth century. The referendum allows the people to express their opinion on the laws promulgated by the legislature, and the initiative allows the people to propose their own laws.
Thus, in states that have adopted the initiative and referendum, the people essentially form a different branch of the legislature and have the ability to legislate and repeal laws that have been passed by the elected legislature but have not yet come into force. An initiative or referendum adopted by the people has the same force and effect as any legislative act. A referendum may be challenged on constitutional grounds, on the grounds that due process was not followed in the referendum and election, or on the grounds that the referendum or initiative did not fall within the competence granted by the State Constitution. In some states, the governor can also veto an initiative or referendum. The referendum is the submission of every question to the people. “Referendum”. Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/referendum. Retrieved 11 October 2022. Local voting measures include a referendum on North River Farms, mixed-use development on farmland, and an initiative that could limit council members and the mayor to three four-year shifts. Thesaurus: All synonyms and antonyms for referendum The general initiative and referendum were first adopted in the United States in South Dakota in 1898, and many states soon followed.
The movement towards direct legislation did not arise from the desire of the people to exercise the legislative function directly. On the contrary, many people distrusted their legislative bodies, believing that big business and powerful groups of individuals were corrupting legislation. The power of the referendum submitted most laws to the will of the people. And randomly selected panels lend themselves well to political issues that we might otherwise address through a large referendum. I mean, if I had postponed the referendum, I would have just postponed it. n. the procedure by which the repeal or approval of an existing law or constitutional provision of a State is passed. Many states provide for referendums (plural of referendum), which are put on the ballot by a required number of voter signatures on a submitted petition. Nglish: Translation of the referendum for Spanish speakers An Irish referendum on the legalization of same-sex marriage will be held in May. A majority of voters voted yes in the January 1956 plebiscite.
These sample phrases are automatically selected from various online information sources to reflect the current use of the word “referendum”. The views expressed in the examples do not represent the views of Merriam-Webster or its editors. Send us your feedback. Once the Irish people have obtained this status, they are free to choose their own form of government by referendum. One of the reasons for this result is that the verdict was given in a parliamentary election and not in a referendum. Referendum is a Latin word, but its modern meaning dates back to the 19th century, when a new constitution of Switzerland stipulated that voters could vote directly on certain issues. Therefore, a referendum is a measure that is returned to the people (i.e. transmitted). Because the U.S.
Constitution does not provide for referendums (note the usual plural form) at the national level, referendums are usually local and state matters. In most areas, some questions about the timing of elections usually appear on the ballot, often on issues such as new zoning ordinances, new school taxes, and new spending limits. There are also many on the Remain side, on my side of the argument, who have lost, who accept that a referendum was inevitable, or who accept that a referendum has been ordered by Parliament. In international law. Communication from a diplomatic representative to his Government of origin concerning matters referred to him which he is unable or unwilling to decide without further instructions. In modern constitutional law in Switzerland, it is a referendum. Is a method of subjecting an important piece of legislation to a direct vote of the entire people. See PLEBISCITE. Or, who knows, maybe we`re getting so bogged down that we`ll have to go to a general election or a referendum, and that could mean a different outcome. I also have news – the referendum was eight to one for the strike – and the national team has telegraphed that John Dawson is on his way! An immediate effect is that Shoprite`s call is being discussed as a referendum on the state of the Nigerian economy, which has been hit hard by the Covid-19 pandemic and the lockdown measures that have accompanied it. Secretly, before the referendum, the council went ahead and fluoridated the water anyway. A public vote, not by government agencies, on a bill or other important matter; a referendum.
(See under “U.S. Policy.”) Coury, Christopher A. 1994. “Direct democracy through initiative and referendum”. Notre Dame Journal of Law, Ethics and Public Order 8. Dictionary search from politics, civil courts and the world of disease. Neo-Latin, from Latin, neuter de referendus, gerundive de referre The right reserved to the people to approve or oppose an act of the legislator, or the right of the people to approve or reject laws submitted to them by the legislature. Warner, Daniel M. 1995.
“Direct democracy: the right of the people to make a fool of themselves; The use and abuse of initiative and referendum, a perspective of local government. Seattle Law Review 19 (Fall).