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total countries/territories: 86
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| Country/Territory |
Answers |
Comments |
Verified |
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Albania
|
a. Government (specify department)
d. Legislature
e. Registered electors
|
The question is not explicitly regulated. However, from the rules follows logically that the drafter is who initiates the referendum.
Source:
Art. 150 et seq., 177 Constitution, Art 118 et. Seq. Electoral Code
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2005/03/17
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Algeria
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d. Legislature
|
Source:
Article 174, Constitution
|
2005/04/29
|
|
American Samoa
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b. Independent electoral commission
d. Legislature
e. Registered electors
|
Source:
Filivaa M. Mageo, Deputy Director of Elections, Territorial Election Office
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2007/01/08
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Anguilla
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g. Not applicable
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2006/10/30
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Argentina
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g. Not applicable
|
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2021/12/26
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Austria
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d. Legislature
|
The form of the referendum question is defined by law. The electorate is asked whether a certain bill should come into force or whether a Federal President should be removed from office.
Source:
Art. 43 & 46 B-VG, § 9 Volksabstimmungsgesetz 1972.
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2005/04/26
|
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Bahrain
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d. Legislature
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Source:
Constitution
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2005/05/01
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|
Belarus
|
c. President
d. Legislature
e. Registered electors
|
: The initiator of a referendum is entitled to draft the question.
Source:
Art 113 et seq. Electoral Code
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2005/03/25
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Belgium
|
g. Not applicable
|
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2012/05/04
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Benin
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f. Other (specify who)
|
Source:
Constitution, Articles 4 and 108.
Internal regulations of the National Assembly, Article 98.3.
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2008/02/26
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Botswana
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g. Not applicable
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2006/10/17
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Bulgaria
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d. Legislature
|
d) The National Assembly determines the referendum question
Source:
Law for referendums, article 7
|
2006/11/03
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Cambodia
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g. Not applicable
|
|
2006/11/06
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Canada
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a. Government (specify department)
|
a) A member of the Queen’s Privy Council for Canada may give notice of a motion for the approval of the text of a referendum question, which has to be submitted for approval to the Leader of the Opposition and the leader of each political party having a recognized membership of twelve or more persons in the House of Commons. The question must be submitted to the House of Commons and the Senate for approval. (ss. 5(1)-(8) of the Referendum Act).
Source:
The Referendum Act of Canada
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2006/12/10
|
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Chile
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a. Government (specify department)
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2005/04/05
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Colombia
|
f. Other (specify who)
|
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2005/06/23
|
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Comoros
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g. Not applicable
|
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2006/11/28
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Cook Islands
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g. Not applicable
|
Source:
Teokoati Joseph, Chief Probation Officer, Probation Service – Ministry of Justice
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2007/01/08
|
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Croatia
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b. Independent electoral commission
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Source:
Mr. Damir Azenic, GONG
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2005/11/14
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Cyprus
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g. Not applicable
|
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2012/04/26
|
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Côte d'Ivoire
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c. President
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Source:
Article 43 de la Constitution
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2005/04/06
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Denmark
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g. Not applicable
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2006/11/28
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Ecuador
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g. Not applicable
|
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2005/04/26
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Eritrea
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g. Not applicable
|
Source:
Eritrean referendum proclamation no. 22/1992
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2005/04/06
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Estonia
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d. Legislature
f. Other (specify who)
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d-f) When a draft law is put to referendum, then the question itself is not drafted but fixed by the law (The Referendum Act art. 30). If a national issue is put to referendum, the question is drafted by the parliament. The first version is presented by the initiator (The Riigikogu Rules Of Procedure Act art. 128 (3).
Source:
The Referendum Act, art. 30; The Riigikogu Rules Of Procedure Act art. 128(3)
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2006/11/29
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Finland
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a. Government (specify department)
d. Legislature
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The Ministry of Justice makes the lawproposal to the parliament.
Source:
The Election Act (714/1998) 10 §.
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2005/04/13
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Gambia
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g. Not applicable
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2006/11/09
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Ghana
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g. Not applicable
|
Source:
1992 Constitution
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2005/12/15
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Greece
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a. Government (specify department)
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The Ministerial Council
Source:
Constitution, Art. 44:2;
Law 350/1976, Art. 1:3
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2012/04/13
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Guam
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b. Independent electoral commission
d. Legislature
e. Registered electors
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Source:
Gerald A. Taitano, Executive Director, Guam Election Commission
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2007/01/10
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Iran, Islamic Republic of
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a. Government (specify department)
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The administration ... of referendums, much like other elections in Iran, is the responsibility of the Ministry of Interior.
Source:
https://www.sssup.it/UploadDocs/14620_2_R_Duality_by_Design__The_Iranian_Electoral_System_Yasmin_Alem.pdf
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2016/01/23
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Israel
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g. Not applicable
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2015/03/15
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Italy
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f. Other (specify who)
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f) The organization groups or the regional council that make the formal request for referendum must present a draft. The judiciary (the Court of Cassation, "Corte di Cassazione") examines and approves it, if the question is drafted correctly.
Source:
Law of 25 May 1970, n. 352, Art. 9 and 28
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2012/04/17
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Kazakhstan
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b. Independent electoral commission
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The Central Election Commission shall establish the form and texts of the ballot, the voter lists, subscription lists and other documents necessary for conduct of referendum; the voting time; the procedure for storage of referendum documents.
Source:
Article 21, Law on Referendum
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2020/05/04
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Kiribati
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g. Not applicable
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|
2020/05/03
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Latvia
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d. Legislature
e. Registered electors
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Source:
Law on National Referendums and Legislative Initiatives, 1994, article 1.
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2005/03/21
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Lebanon
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g. Not applicable
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Source:
constitution
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2005/05/17
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Lesotho
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g. Not applicable
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There are no provisions for optional referendums in Lesotho.
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2015/03/15
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Liberia
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b. Independent electoral commission
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2005/09/30
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Liechtenstein
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a. Government (specify department)
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a. If not stated in the law (Art.83; Art.86(4)), Internal; Regierungskanzlei.
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2005/05/03
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Lithuania
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d. Legislature
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Source:
Constitution: The Constitution of the Republic of Lithuania (1992) as amended on 25 April 2006; Law: Republic of Lithuania Law on Referendum, last amended on 6 May 2014 — No XII-860, art. 4-5.
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2005/03/21
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Macedonia, the Former Yugoslav Republic of
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a. Government (specify department)
d. Legislature
e. Registered electors
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The Assembly announces referenda, therefore, it finalizes the referendum question. However, the draft question is submitted by the initiators of the referendum.
Article 17 (1) A proposal for announcing a legislative referendum may be submitted by the Government of the republic of Macedonia, every Member of the Parliament or at least 10,000 voters.
Article 18: The issue for which announcing a legislative referendum is proposed, needs to be formulated precisely and unambiguously.
Article 28:
The referendum shall be announced by the Assembly with the decision.
The referendum shall be announced for the entire territory of the Republic of Macedonia.
Article 29:
The decision for announcing a referendum shall establish the following: the type of referendum, the decision for which it will be decided, the text of the question that will be put on referendum, the day of announcing the referendum and the day of its holding.
Source:
Law on Referendum and civil initiative, Official Gazette of RM no. 24/98, art. 17, 18, 28, 29
https://www.legislationline.org/documents/id/5640
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2020/04/23
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Madagascar
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b. Independent electoral commission
|
Source:
http://www.z6.com/z6files/z6files/fotw/flags/mg.html
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2005/08/25
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Malawi
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g. Not applicable
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2006/10/16
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Malaysia
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g. Not applicable
|
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2007/01/07
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Mali
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g. Not applicable
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2005/06/03
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Moldova, Republic of
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g. Not applicable
|
The ad hoc law would include the question. In the last referenda the government proposed a law which was passed by the parliament.
Source:
Kare Vollan, Director, Quality AS
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2021/03/30
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Montenegro
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f. Other (specify who)
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The Assembly of the Republic is responsible.
Art. 5: The decision on calling a referendum shall determine specifically, the wording of the question on which the citizens are to pronounce themselves in the referendum, as well as the date of holding the referendum.
Source:
Law: Law on Referendum as of 19 February 2001, Art. 5
https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL(2005)076-e
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2021/12/25
|
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Morocco
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d. Legislature
|
Source:
Article 104, Constitution
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2005/05/02
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Mozambique
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g. Not applicable
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|
2006/10/16
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Namibia
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c. President
d. Legislature
|
C:63 "(1) The National Assembly, as the principal legislative authority in and over Namibia, shall have the power, subject to this Constitution, to make and repeal laws for the peace, order and good government of the country in the best interest of the people of Namibia. (2) The National Assembly shall further have the power and function, subject to this Constitution: [...] g) to initiate, approve or decide to hold a referendum on matters of national concern;"
C:132 "If a Bill proposing... a repeal and/or amenment of any the provisions of this constitution secures a majority of two-thirds of all the members of the National Assembly, but fails to secure a majority of two-thirds of all the members of the National Council, the President may by proclamation make the bill the subject of a national referendum."
Source:
The Constitution of the Republic of Namibia, Chapter 19, Article 63 and 132, Section 3 (a) "Repeal and Amendment of the Constitution"
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2006/11/16
|
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Netherlands
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f. Other (specify who)
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f.)It depends on what is stated in the specific law. For the referendum on the European Constitution it was the Legislature.
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2005/08/19
|
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Niger
|
a. Government (specify department)
b. Independent electoral commission
c. President
|
Source:
Article 6 dce la constitution et Code electoral Chapitre III et IV
|
2005/06/06
|
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Norway
|
d. Legislature
|
The ad hoc law would include the question. In the last referenda the government proposed a law which was passed by the parliament.
Source:
Kare Vollan, Director, Quality AS
|
2007/01/07
|
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Poland
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c. President
d. Legislature
|
See 8.6.1
Source:
Act on all-national referendum of 14 March 2003 Art 60-61
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2006/12/25
|
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Portugal
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a. Government (specify department)
c. President
d. Legislature
e. Registered electors
|
a. No specific department.
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2005/04/20
|
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Romania
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c. President
|
Source:
Law on referendums, 2000, article 1-12.
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2005/03/20
|
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Russian Federation
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f. Other (specify who)
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ad F) Constitutional Assembly.
Source:
Federal Constitutional Act on the Referendum of Russian Federation of 2004. N 5/FK3 . Art. 10.(7); 21.
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2005/03/31
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Rwanda
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b. Independent electoral commission
|
Source:
Electoral laws Article 175. http://aceproject.org/ero-en/regions/africa/RW/rwanda-organic-law-nb0-17-2003-of-07-07-2003/view
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2018/11/02
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Saint Kitts and Nevis
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g. Not applicable
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Not explicitly stated.
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2020/04/20
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Senegal
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a. Government (specify department)
b. Independent electoral commission
|
Source:
Tanor Thiendella Fall
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2005/06/06
|
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Seychelles
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b. Independent electoral commission
|
Source:
elections act chapter 56
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2005/04/01
|
|
Sierra Leone
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g. Not applicable
|
NOT PART OF SIERRA LEONE LAWS
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2005/06/13
|
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Singapore
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g. Not applicable
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|
2007/01/07
|
|
Solomon Islands
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g. Not applicable
|
Source:
David Clark, Electoral Capacity Development Coordinator, Solomon Islands Election Commission
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2007/01/09
|
|
Somalia
|
g. Not applicable
|
Source:
http://www.somalilandforum.com/somaliland/law/the_election_bill.htm#Commission
|
2005/08/25
|
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South Africa
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c. President
|
Source:
The 1996 Constitution of South Africa
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2006/10/17
|
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Sri Lanka
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b. Independent electoral commission
|
1) A Referendum in terms of Chapter XIII of me Constitution shall be conducted by the Commissioner of Elections (hereinafter referred to as the Commissioner ), where the President has, by Proclamation published in the Gazette, directed such Commissioner to conduct a Referendum.
(2) A Proclamation issued under subsection (1) shall
(a) specify the proposal to be put to the People at the Referendum in the form of a question which shall be answered by a " Yes " or a " No "
Source:
Referendum Act, art. 2: http://www.commonlii.org/lk/legis/num_act/ra7o1981166/s2.html
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2016/02/15
|
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Sudan
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d. Legislature
|
Source:
Article 66 and 128, Constitution
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2005/05/03
|
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Sweden
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d. Legislature
|
The referendum question will be decided by the Parliament through a special legal act adopted before the referendum.
Source:
The Instrument of the Government Ch. 8, Section 4: Official Website of the Parliament: http://www.riksdagen.se/sv/Start/Bestall/Sprakversioner/English---engelska1/Sveriges-grundlagar-och-riksdagsordningen1/ (2012);
Act on National Referenda (SFS 1979:369): http://www.sweden.gov.se/content/1/c6/06/97/09/436f8d27.pdf (2012)
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2012/05/16
|
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Switzerland
|
a. Government (specify department)
|
a) The Federal Council
The referendum question has to contain the title of the constitutional amendment or the Federal Statute. The question-scheme is always the same: Do you want to accept the Federal Statute XYZ? the voter can then indicate Yes or No.
If the mandatory referendum is being held because of a popular initiative, the title of the initiative which is repeated the referendum question is chosen by the registered electors who started the initiative. In that respect, the referendum question is in fact chosen by the initiative committee (however, cf. answer to question C.5 for possible restrictions on initiative titles).
Source:
The principle of how the question has to look like derives from the principle of free suffrage. The voter has to be able to express his/her vote in a free manner, which means (amongst other things) that it has to be clear what the voter means by voting Yes or No. The principle of free suffrage is laid down in Art. 136 FC. The question always relates to the proposed change in a way that if the answer is Yes, the change is accepted; if the answer is No, the status quo is kept.
|
2012/05/14
|
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Taiwan
|
f. Other (specify who)
|
The competent authority for national referendums is the Central Election Commission.
Source:
Article 3, Referendum Act
|
2020/03/31
|
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Togo
|
c. President
e. Registered electors
|
Source:
Constitution 1992 titre 1 article 4 alineas 2 et 3 et titre 13 article 144 alinea 4.
|
2005/05/13
|
|
Tonga
|
g. Not applicable
|
|
2021/09/15
|
|
Tunisia
|
d. Legislature
|
Source:
Articles 2, 47 and 72 of Constitution
|
2005/05/03
|
|
Turkey
|
c. President
d. Legislature
|
The constitutional amendment shall be proposed in writing by at least one-third of the total number of members of the Turkish Grand National Assembly. Proposals to amend the Constitution shall be debated twice in the Plenary Session. The adoption of a proposal for an amendment shall require a three-fifths majority of the total number of members of the Assembly by secret ballot.
The consideration and adopting of proposals for the amendment of the Constitution shall be subject to the provisions governing the consideration and adoption of legislation, with the exception of the conditions set forth in this article.
The President of the Republic may refer the laws related to the Constitutional amendments for further consideration. If the Assembly adopts the draft law referred by the President by a two-thirds majority, the President may submit the law to referendum.
If a law is adopted by a three-fifths or less than two-thirds majority of the total number of votes of the Assembly and is not referred by the President for further consideration, it shall be published in the Official Gazette and shall be submitted to referendum.
A law on the Constitutional amendment adopted by a two- thirds majority of the total number of members of the Turkish Grand National Assembly directly or if referred back by the President for further consideration, or its articles as considered necessary may be submitted to a referendum by the President. Laws or related articles of the Constitutional amendment not submitted to referendum shall be published in the Official Gazette.
Laws related to Constitutional amendment which are submitted to referendum, shall require the approval of more than half of the valid votes cast.
The Turkish Grand National Assembly, in adopting the laws related to the Constitutional amendment, shall also decide on which provisions shall be submitted to referendum together and which shall be submitted individually.
Source:
Art 175 Constitution
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2015/06/01
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|
Uganda
|
b. Independent electoral commission
|
Source:
Chapter 6 section 84 of the constitution
|
2005/04/01
|
|
Ukraine
|
f. Other (specify who)
|
Referendum Initiative Group, art. 16 of the Law on referenda
Source:
art. 16 of the Law on referenda
|
2005/03/17
|
|
United Kingdom of Great Britain and Northern Ireland
|
a. Government (specify department)
|
The Electoral Commission is required to comment on the intelligibility of the
referendum and publish a report with its views.
Source:
The Political Parties Elections and Referendums Act 2000
|
2012/05/09
|
|
Uruguay
|
g. Not applicable
|
|
2006/04/11
|
|
Viet Nam
|
g. Not applicable
|
|
2021/03/25
|
|
Western Sahara
|
c. President
|
Source:
Article 119, Constitution
|
2009/08/14
|
|
Yemen
|
c. President
|
Source:
Article 119, Constitution
|
2005/05/03
|
|
Zambia
|
g. Not applicable
|
|
2006/10/16
|
|
Zimbabwe
|
d. Legislature
|
Source:
Zimbabwe Electoral laws 157 (1). http://aceproject.org/ero-en/regions/africa/ZW/zimbabwe-consolidated-electoral-act-amended-2018/view
|
2018/10/31
|
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