Optional referendums may be proclaimed by the executive in terms of an Act of Parliament. Source:
Constitution: Constitution of the Republic of South Africa, Article. 84(2(g))
Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Exception: In case of restructuring the federal territory (changing the boundaries of certain Länder). The federal law or Länder treaty concerned has to be confirmed by an mandatory
referendum. Source:
Constitution, Art. 29(2)
https://www.constituteproject.org/constitution/German_Federal_Republic_2014?lang=en
C:III:45 (The Coprínceps) "The Coprínceps, with the countersignature of the Cap de Govern, or when appropriate, of the Síndic General, as politically responsible: [...] b) Call for a referendum in accordance with articles 76 and 106 of the Constitution."
C:V:76 "The Cap de Govern, with the approval of the majority of the Consell General, may request the Coprínceps to call a referendum about political matters."
C:IX:106 "The revision of the Constitution shall require the approval of the Consell General by a majority of two-thirds of the members of the Chamber. Immediately after its approval the proposal shall be submitted to ratification in a referendum." Source:
Constitution of the Principality of Andorra, art. 45, 76 & 106: https://aceproject.org/ero-en/regions/europe/AD/andorra-constitution-1993-1/ ;
IDEA International Direct Democracy Database: https://www.idea.int/data-tools/country-view/42/45
C:3 (2) "The Angolan people shall exercise political power through periodic universal suffrage to choose their representatives, by means of referendums and other forms of democratic participation in national life."
C:66 "The President of the Republic shall have the following powers:" [...] "(o) To call referendums, in accordance with Article 73 of the present Law;"
C:73 "(1) The President of the Republic may, on the proposal of the Government or the National Assembly, submit to a referendum draft laws or the ratification of international treaties which, without being contrary to the Constitution, affect the organization of public department and the functioning of institutions." Source:
Constitution of 3 February 2010, art. 161 (j), 167 (1, 5), 168: http://www.tribunalconstitucional.ao/uploads/%7B9555c635-8d7c-4ea1-b7f9-0cd33d08ea40%7D.pdf (2017)
f) Referendums were however held on 11th July 1967 to determine the extent of popular support for separation from St Kitts; and on 6th February 1969 for the approval of a constitution for an independent republic of Anguilla. There was no constitutional or legal basis for the holding of those referendums because Anguilla’s status was unconstitutional and illegal.
Source:
Constitution, Chapter IV, Part 2, Section 47, subsection 5&6
http://aceproject.org/ero-en/regions/americas/AG/Antigua%20and%20Barbuda%20-%20Constitution/view
"Direct Democracy: The International IDEA Handbook" (2008), (http://www.idea.int/publications/direct_democracy/index.cfm)
Source:
Constitution: “Constitución de la Nación Argentina — Ley 24430, texto oficial ordenado”, art. 39 & 40: http://aceproject.org/ero-en/regions/americas/AR/argentina-constitucion-nacional-reformas-1994/ (2019)
Source:
Law on Referendum of the Republic of Armenia (2001): http://res.elections.am/images/doc/hanraqve_eng.pdf (2013);
Constitution of the Republic of Armenia, art. 2, 111, 112, 113, 114: http://res.elections.am/images/doc/consist_eng.pdf (2013).
In case of a complete amendment of the Constitution, a mandatory referendum has to take place. Ad B.: There are two types of optional referenda: Volksabstimmung: a referendum on a bill passed by the lower chamber of the Austrian parliament (National Council): binding;
or: Volksbefragung (public opinion polls): carried out before a bill passes the National Council: not binding.
Source:
Constitution of Austria, Articles 43-46
http://www.servat.unibe.ch/icl/au00000_.html
Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
C:2 "(2) The people of Azerbaijan exercise their sovereign right directly - by way of nation-wide voting - referendum, and through their representatives elected based on universal, equal and direct suffrage by way of free, secret and personal ballot."
C:3 "(1) People of Azerbaijan may solve any questions involving their rights and interests by way of referendum. (2) The following questions may be solved only by way of referendum:
1. acceptance of the Constitution of the Azerbaijan Republic and introduction of amendments thereto; 2. change of state borders of the Azerbaijan Republic." Source:
Constitution of the Republic of Azerbaijan (1995) including amendments, article 2 and 3: https://president.az/en/pages/view/azerbaijan/constitution
C:54 "(1) Subject to the provisions of this Article, Parliament may, bay an Act of Parliament passed by both Houses, alter any of the provisions of this Constitution or (in so far as it forms part of the law of the Bahamas) any of the provisions of The Bahamas Independence Act, 1973. (2) In so far as it alters- [...] (ii) the Bill, after its passage through both Hose, has been submitted to the electors qualified to vote for the election of members of the House of Assembly and, on a vote in such manner as Parliament may prescribe the majority of the electors voting have approved the Bill. (3) In so far as it alters- (ii) the Bill, after its passage through both Houses has been submitted to the electors qualified to vote for the elections of members of the House of Assembly and, on a vote taken in such manner as Parliament may prescribe the majority of the electors voting have approved the Bill."
C:63 "(1) A Bill shall not become law until the Governor-General has assented thereto in Her Majesty's behalf and has signed it in token of such assent. [...] (3) Any Bill to which Article 54(2) or (3) of this Constitution applies shall be presented to the Governor-General endorsed with certificates of the requisite majorities in accordance with whichever of those paragraphs applies to the Bill, and with a certificate of the Parliamentary Registrar that it has been approved by the majority of the electors voting on the Bill."
CRA:2 "(1) For the purpose of obtaining the approval of the electors qualified to vote in an election of members of the House of Assembly with respect to a Bill submitted to them, which Bill seeks to alter an Article of the Constitution specified in Article 54(2) or (3) of the Constitution or any of the provisions of The Bahamas Independence Act, 1973, a vote shall be taken by way of a referendum held in accordance with this Act. (2) The Governor-General may by proclamation appoint a day for the holding of a referendum, being a day not earlier than twenty-one days after the date of the proclamation. (3) The electors qualified to vote in a referendum shall be the electors who are qualified to vote as electors for the Election of members of the House of Assembly and for the purpose of referendum the register of voters prepared pursuant to section 13 of the Parliamentary Elections Act, 1992 shall be deemed to be closed ten days before the holding of the referendum." Source:
The Constitution of The Bahamas- Art.54 (2.ii and 3.ii) and 63 (3)
Constitutional Referendum Act- Art. 2
http://laws.bahamas.gov.bs/cms/images/LEGISLATION/PRINCIPAL/1977/1977-0016/ConstitutionalReferendumAct_1.pdf
"Direct Democracy: The International IDEA Handbook" (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
The King may conduct a popular referendum on important laws and issues connected with the interests of the State. The issue on which the referendum has been held is considered to have been agreed upon if approved by a majority of those who cast their votes. The result of the referendum shall be binding on all and effective from the date it is declared and it shall be published in the Official Gazette Source:
Constitution, art. 43: https://www.constituteproject.org/constitution/Bahrain_2017
C:142 "Power to amend any provision of the Constitution [(1)] Notwithstanding anything contained in this Constitution - (a) any provision thereof may by [amended by way of addition, alteration, substitution or repeal] by Act of Parliament: Provided that- (i) no Bill for such amendment 91* * shall be allowed to proceed unless the long title thereof expressly states that it will amend a provision of the Constitution; (ii) no such Bill shall be presented to the President for assent unless it is passed by the votes of not less than two-thirds of the total number of members of Parliament; (b) when a Bill passed as aforesaid is presented to the President for his assent he shall, within the period of seven days after the Bill is presented to him assent to the Bill, and if he fails so to do he shall be deemed to have assented to it on the expiration of that period. (1A) Notwithstanding anything contained in clause (1), when a Bill, passed as a aforesaid,, which provides for the amendment of the Preamble or any provisions of articles 8, 48, 56 or this article, is presented to the President for assent, the President, shall within the period of seven days, after the Bill is presented to him, cause to be referred to a referendum the question whether the Bill should or should not be assented to. (1B) A referendum under this article shall be conducted by the Election Commission, within such period and in such manner as may be provided by law, amongst the person enrolled on the electoral roll prepared for the purpose of election to [Parliament]. (1C) On the day on which the result of the referendum conducted in relation to a Bill under this article is declared, the President shal be deemed to have- (a) assented to the Bill, if the majority of the total votes cast are in favour of the Bill being assented to; or (b) Withheld assent therefrom, if the majority of the total votes cast are not in favour of the Bill being assented to.] 1D) Nothing in clause (1C) shall be deemed to be an expression of confidence or no-confidence in the Cabinet or Parliament] (2) Nothing in article 26 shall apply to any amendment made under this article.]" Source:
The Constitution of the People's Republic of Bangladesh, Art. 142; the Referendum Act No. 25 of 1991
"Direct Democracy: The International IDEA Handbook" (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Source:
Constitution: “Constitution of the Republic of Belarus”, art. 37, 73–78: https://aceproject.org/ero-en/regions/europe/BY/belarus-constitution-2021-english/
Source:
"Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/catalogue/direct-democracy-international-idea-handbook);
The Belgian Constitution
Source:
Referendum Law: “Referendum Act, Chapter 10”: https://aceproject.org/ero-en/regions/americas/BZ/belize-referendum-act-2020/ ;
Recall Law: “Recall of Elected Representatives Act, Chapter 9:01”: https://aceproject.org/ero-en/regions/americas/BZ/belize-recall-of-elected-representatives-act-2020/
International IDEA Direct Democracy Database: https://www.idea.int/data-tools/data/country?country=23&database_theme=309
Source:
Independence Referendum Act 1995
Direct Democracy, the International IDEA Handbook
http://www.idea.int/publications/direct_democracy/upload/DDH_inlay_low.pdf
The level of applicability of these laws might be disputable. The laws were adopted when Bosnia and Herzegovina was a federal unit of Socialistic Federative Republic of Yugoslavia, which means that the scope and aims of referendum were adjusted to that system. However, the existing Constitution of Bosnia and Herzegovina, signed as a part of the Dayton Peace Agreement, prescribes in its Annex 2, point 2 ("Continuation of Laws") that "All laws, regulations, and judicial rules of procedure in effect within the territory of Bosnia and Herzegovina when the Constitution enters into force shall remain in effect to the extent not inconsistent with the Constitution, until otherwise determined by a competent governmental body of Bosnia and Herzegovina". Even though these laws were created in the old, socialistic system, it does not contain any obvious and clear inconsistencies with the Constitution and therefore - they should be valid. Source:
Law on referendum in SR Bosnia and Herzegovina, Off. Gazette 29/77 and 24/91; Law on Proceedings with Petitions and Proposals Off. Gazette 33/77, 12/87 and 27/90; Rules of Procedures of House of Representatives in the Parliamentary Assembly of Bosnia and Herzegovina.
"Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Section 89 (4) of the Constitution reads: "In so far as it alters any of the provisions mentioned in subsection (3) (b) of this section no Bill shall be presented to the President for his assent unless after its passage by the Assembly it has been submitted to the electors qualified to vote in the election of the Elected Members of the National Assembly, and, on a vote taken in such manner as Parliament may prescribe, the majority of the electors voting have approved the Bill."
Section 3 of the Referendum Act reads: "Where under any law, any matter is required to be submitted to a vote of the electors qualified to vote in the election of the Elected Members of the National Assembly for approval by a majority of them, it shall be submitted in accordance with the provisions of this Act." Source:
Constitution of Botswana art. 89 (4): http://aceproject.org/ero-en/regions/africa/BW/botswana-constitution-of-1966-with-amendments-up/view (2014).
Referendum Act, (Chapter 02:10): http://aceproject.org/ero-en/regions/africa/BW/botswana-referendum-act-chapter-02-10/view (2014).
Source:
Constitution of the Federative Republic of Brazil, 1988, Article 2, 14, 18 (3, 4), 27 (4), 49 (XV), 61 (2): https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Plebiscites and Referendums:
http://www.tse.jus.br/eleicoes/plebiscitos-e-referendos/plebiscito-e-referendo
Law No. 9,709, of November 18, 1998:
https://www.planalto.gov.br/Ccivil_03/leis/L9709.htm
There are nationwide and local referendums possible, as well as signatures and (local) general assemblies of the population. No nationwide referendum has been carried out since 1989 (neither before). Local (municipal) referendums have been carried out in several occasions since 1989. Source:
Constitution of the Republic of Bulgaria (adopted July, 1991): Articles 10; 42; 84:5; 98:1; 102:6
http://www.parliament.bg/en/const
La démocratie consacrée par la Constitution du 2 juin 1991 au Burkina Faso est une démocratie représentative combinée avec le référendum et la pétition comme formes d'expression directe de la volonté du peuple Source:
Constitution as amended in 2015, art. 49, 147, 164, 169, 98, 161: http://www.wipo.int/edocs/lexdocs/laws/fr/bf/bf017fr.pdf (2015)
The issue of petition is adressed in chapter 7 of the internal regulations of the National Assembly. Source:
Constitution of 11 December 1990, art. 4, 58, 108, 155
http://www.gouv.bj/sites/default/files/Cour-Constitutionnelle-recueil-des-textes-fondamentaux.pdf (2016)
Source:
International Idea (2008):"Direct Democracy: The International IDEA Handbook", (http://www.idea.int/publications/direct_democracy/index.cfm).
Referendum Act (1992)
http://laws-lois.justice.gc.ca/PDF/R-4.7.pdf
C:4 "1. The political power shall be exercised by the people through referendum, suffrage and through other forms provided for constitutionally."
C:ChII:108 "1. The electors registered in the electoral census in the national territory shall have the right to pronounce themselves through a referendum on any matter relevant to national or local interest. 2. The convening and the holding of a referendum shall be prohibited between the date of the convening and the holding of the elections for the organs of sovereignty or of local power, during the state of siege or emergency and until thirty days following its cessation, and in the latter case, only in the part of the territory declared to be under the state of emergency. 3. Each referendum shall only have a sole question as its object and the following questions shall not, in any case, be submitted to popular scrutiny: a) Separation and the interdependence of the organs of sovereignty and their powers; b) Independence of the courts and their decisions; c) Separation of churches from the State; d) Appointment of the elected holders of the organs of sovereignty and of local administration by universal, direct, secret and periodic ballot; e) Pluralism of expression, existence of political parties and associations and rights of the opposition;
f) Rights, liberties and guarantees established constitutionally; g) National or local acts which have a budgetary, tributary or financial content; h) Autonomy of the local administration, as well as the organization and competence of their organs. 4. The proposals for a referendum shall be subject to preventive monitoring of their constitutionality and legality. 5. Once the proposal for a referendum is judged to be unconstitutional or illegal, such referendum shall not take place, nor shall the proposal be renewed in the same legislature. 6. Proposals for a referendum that have been refused by the competent organ or that have been the object of a negative response from the electorate shall not be renewed in the same legislature. 7. The result of a referendum shall be abided by all organs of political power, as well as by public and private entities. 8. The provisions of Articles 102 to 105 shall be applicable to the referenda, with the necessary adaptations. 9. The questions to be submitted to the electors shall be formulated with simplicity, objectivity, precision and clarity, in such a way as not to suggest, directly or indirectly, any response. Any response shall be given as a "yes" or a "nay."
C:ChII:109 "1. The referendum at the national level shall be convened by the President of the Republic, at the initiative of the people, the National Assembly or the Government. 2. At the people's initiative, the President of the Republic may convene a referendum on any matter relevant to national interest, at the request of thirty thousand citizens, after the political parties
represented in the National Assembly and the Council of the Republic are heard. 3. The request referred to in the preceding paragraph should be sponsored by a minimum of ten per cent of the electors, residing in, at least, seven islands. 4. The proposal of the National Assembly shall be approved by two thirds of the deputies present, if the number is higher than the absolute majority of the deputies on active duty."
C:ChII:110 "1. The local referendum shall cover matters that are of exclusive competence of the organs of local administration and shall always have deliberative effect. 2. The local referendum shall be convened by the Mayor at the initiative of the Municipality, the Municipal Assembly or, at the initiative of, at least, ten percent of the electors registered in the electoral census of the area of the local administration where the consultation takes place. 3. The convening of a referendum shall be approved by the majority of two thirds of the members of the Municipal Assembly on active duty." Source:
Constitution of Cape Verde as amended in 2010, art. 4 (1), 103, 157, 158, 160, 175 (i), 203 (2-a), 254 (1-c): https://www.parlamento.cv/Constituicao/ (2026)
Source:
Constitution: “Constitución Política de la República de Chile (2017)”, art. 128 & 129:
http://aceproject.org/ero-en/regions/americas/CL/chile-constitucion-politica-de-la-republica-de-1/
Source:
Law on Referendum 1989, Greek Version (Law 206/1989):
http://www.cylaw.org/nomoi/enop/non-ind/1989_1_206/full.html
Law on the Practical Arrangements for the Conduct of the Referendum of the Greek Cypriot Community of 24th April 2004 (Law 74(I)/2004
Source:
Constitution: “Constitución Política de Colombia”, art. 40 (2), 103, 104, 155, 170, 307, 374-378:
http://aceproject.org/ero-en/regions/americas/CO/colombia-constitucion-politica-de-colombia-2016 (2016)
Law 134 of 1994 on political participation: “Ley 134-1994 de participación ciudadana”:
http://aceproject.org/ero-en/regions/americas/CO/leyes-electorales/colombia-ley-134-de-1994-participacion-ciudadana/ (1994)
C:4 "(1) National Sovereignty shall belong to the people who exercise it by way of referendum and by representatives elected by universal suffrage."
C:79 "(1) The President of the Republic can, upon the initiative of the Government during its sessions or upon the initiative of the National Assembly published in the Official Journal, submit to referendum any bill or proposition of law effecting areas susceptible to have great consequences upon the functioning of institutions or on society. (2) When the referendum has ended in the adoption of the bill or proposition, the President of the Republic shall promulgate it within the time limit prescribed in the previous article."
C:101 "(1) The Parliament shall have the legislative initiative and alone pass the law. It shall establish taxes and pass the budget of the State and control its execution. It shall be obligated with this task at the opening of the Oct session. (2) It shall have the initiative of legislative and constitutional referendums."
C:145 "The Constitutional Council shall ensure the regularity of the operations of referendum and proclaim their results."
C:172 "[...] (3) No cession, exchange, or addition of territory shall be valid without the consent of the Congolese people called to pronounce by way of referendum."
C:178 "[...] (3) The bill or proposition of amendment of the Constitution shall be passed by the two Houses convened in Congress by a two thirds majority. The amendment shall be definitive after having been approved by referendum."
C:181 "(1) The present Constitution which abrogates any of the provisions previously contrary, shall be submitted to the approval of the people by way of referendum, published in the Official Journal as the supreme law of the Republic." Source:
Constitution, Art. 3, 86, 110, 147, 180, 186: http://www.presidence.cg/files/my_files/constit200102.pdf (2017);
Election law of 24 November 2001, Art. 43, 44, 45: http://aceproject.org/ero-en/regions/africa/CG/congo-brazzaville-electoral-law-2001/view (2017)
C:72 "The President may submit important policies relating to diplomacy, national defense, unification, and other matters relating to the national destiny to a national referendum if he deems it necessary."
C:89 "The following matters are referred to the State Council for deliberation: [...] 3) Draft amendments to the Constitution, proposals for national referendums, proposed treaties, legislative bills, and proposed presidential decrees;"
C:130 "(2) The proposed amendments to the Constitution are submitted to a national referendum not later than thirty days after passage by the National Assembly, and are confirmed by more than one half of all votes cast by more than one half of voters eligible to vote in elections for members of the National Assembly." Source:
The Constitution of the Republic of Korea, Article 72, 89 (3), 130: https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
Source:
Constitution: “Constitución Política de la República de Costa Rica”, art. 102, 105, 123, 129, 168 & 195: http://aceproject.org/ero-en/regions/americas/CR/costa-rica-constitucion-politica-reformas-2015.pdf/; Electoral Law: “Ley 8765: Código Electoral”, art. 12: http://aceproject.org/ero-en/regions/americas/CR/costa-rica-ley-8765-codigo-electoral-2018.pdf/; Referendum Law: "Ley de regulación del referéndum": http://aceproject.org/ero-en/regions/americas/CR/costa-rica-decreto-8492-regulacion-referendum.pdf/; Citizens' Initiative Law: "Ley de iniciativa popular": http://aceproject.org/ero-en/regions/americas/CR/costa-rica-ley-8491-de-iniciativa-popular.pdf/view
Source:
Constitution: Constitution of the Republic of Croatia as revised on 06 July 2010, art. 1, 2, 87 & 133.
https://www.constituteproject.org/constitution/Croatia_2013?lang=en
Source:
Constitution: “Constitución de la República de Cuba (2019)”, art. 80, 101, 116, 164, 227: https://aceproject.org/ero-en/regions/americas/CU/cuba-constitucion-2019-ace/ ;
Electoral Law: “Ley No. 127, Ley Electoral”, art. 256–265: https://aceproject.org/ero-en/regions/americas/CU/cuba-ley-electoral-127-2019-ace/ ;
Recall Law: “Ley No. 135, de Revocación de los elegidos a los órganos del Poder Popular”: https://aceproject.org/ero-en/regions/americas/CU/cuba-ley-135-revocacion-mandato-2020-ace/
b) In addition to the referendums specified in the constitution, it is possible to call voluntary and not binding referendums. Source:
The Danish Constitution, Art. 20, 29, 42, 88
Parliamentary Elections Act, Part 12.
Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
C:3 "The Republic of Djibouti shall comprise all persons whom it recognises as members and who accept its duties, without distinction of language, race, sex or religion. National sovereignty shall belong to the Djiboutian people, who shall exercise this sovereignty through its representatives and by way of referendum."
C:87 "The President of the Republic and the deputies alike shall have the right to initiate the amendment of the Constitution. For it to be discussed, any parliamentary bill for amendment must be signed by at least one-third of the members of the National Assembly. The government or parliamentary bill for amendment must receive the votes of the majority of members of the National Assembly, and shall become definitive only after approval by referendum, by simple majority of the votes cast. Nevertheless, the referendum procedure may be dispensed with at the decision of the President of the Republic; in this case, the government or parliamentary bill for amendment shall be approved only if it is accepted by a two-thirds majority of the members of the National Assembly." Source:
Constitution, as amended by Constitutional Law n° 134/AN/06/5 L of 21 Avril 2010, art. 33, 91: https://www.constituteproject.org/constitution/Djibouti_2010.pdf?lang=en (2016)
Only considered for the project of the partial or full reconstruction of a Centroamerican Republic. Source:
Constitution: “Constitución Política de la República de El Salvador”, art. 73 & 89: https://aceproject.org/ero-en/regions/americas/SV/el-salvador-constitucion-2014/
1.- Spanish Constitution 1978 and the Organic Act on Referendum (Ley Organica) 2/1980
Spanish Constitution Section 149 1. The State shall have exclusive competence over the following matters: 32.- Authorization of popular consultations through the holding of referendums.
The Spanish Constitution (See Section 92.3) and the Organic Act on Referendum (Ley Organica) 2/1980 establish four different kinds of Referendum which are as follow:
I. Consultive Referendum (National level. Optional. Non binding.)
II. Constitutional Referéndum (National level. Mandatory.)
III. Referendum about the creation of a Self-governing-Community (See Spanish Constitution 1978 VIII. Territorial Organization of the State Government CHAPTER 3. Self-governing Communities)
IV. Referendum about the Statute of a Self-governing Community.
Spanish Constitution 1978 Section 81
1. Organic acts are those relating to the implementation of fundamental rights and public freedoms, those approving the Statutes of Autonomy and the general electoral system and other acts provided for in the Constitution.
2. The approval, amendment or repeal of organic acts shall require the overall majority of the Members of Congress in a final vote on the bill as a whole.
LEY ORGÁNICA 2/1980 de 18 de enero, sobre regulación de las distintas modalidades de referéndum:
Article 2 of this Act about the different kinds of referendum 2/1980
1. The authorization to notify/call popular consultations via referendum in any of its kinds, is of the exclusive competence of the State.(Central Government)
2. The authorization will be agreed by Government, after the proposal done by the President of Government, except in those cases when the Constitution establishes that the proposal has to be done by the Congress of Deputies (Lower House).
3. The King calls the Referendum using a Royal Decree previously agreed by the Committee of Ministers and countersigned by its President (the President of Government). Source:
Constitution: “Constitución Española”, art. 23, 87, 92, 151, 166, 167:
http://aceproject.org/ero-en/regions/europe/ES/espana-constitucion-espanola-2011-2016/ ;
Law 2/1980 of 18 January on the regulation of the different kinds of referendum: “Ley Orgánica 2/1980, de 18 de enero, sobre regulación de las distintas modalidades de referéndum”:
http://aceproject.org/ero-en/regions/europe/ES/espana-ley-organica-2-1980-de-18-de-enero-sobre/view;
Law 3/1984 of 26 March on Citizens’ legislative Iniciative: “Ley Orgánica 3/1984, de 26 de marzo, Reguladora de la Iniciativa Legislativa Popular”:
http://aceproject.org/ero-en/regions/europe/ES/espana-ley-organica-3-1984-de-26-de-marzo/
Source:
Constitution: The Constitution of the Republic of Estonia with latest amendment on 6 May 2015 § 56, 65:(2), 105 & 162-168.
Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
C:3 "National sovereignty shall belong to the people, who shall exercise it through their representatives and by means of referendum."
C:11 "The President of the Republic may, on a proposal from the Government when Parliament is in session or on a joint motion of the two assemblies, published in either case in the Journal officiel, submit to a referendum any government bill which deals with the organization of the public authorities, or with reforms relating to the economic or social policy of the Nation and to the public services contributing thereto, or which provides for authorization to ratify a treaty that, although not contrary to the Constitution, would affect the functioning of the institutions. Where the referendum is held in response to a proposal by the Government, the latter shall make a statement before each assembly which shall be followed by a debate. Where the referendum decides in favour of the government bill, the President of the Republic shall promulgate it within fifteen days following the proclamation of the results of the vote."
C:60 "The Constitutional Council shall ensure the proper conduct of referendum proceedings as provided for in articles 11 and 89 and in Title XV and shall declare the results of the referendum."
C:72-1 "The conditions in which voters in each territorial unit may use their right of petition to ask for a matter within the powers of the unit to be entered on the agenda of its decision-making assembly shall be determined by statute. In the conditions determined by institutional Act, draft decisions or acts within the powers of a territorial unit may, on its initiative, be presented for a decision to be taken by the voters in that unit by referendum."
C:72-4 "There may be no change for all or part of one of the units to which the second paragraph of article 72-3 applies, from one to another of the statuses provided for by articles 73 and 74, without the prior consent of voters in the relevant unit or part of a unit being sought in the manner provided for by the paragraph below. Such change of status shall be made by institutional Act. The President of the Republic may, on a proposal from the Government when Parliament is in session or on a joint motion of the two assemblies, published in either case in the Journal officiel, decide to consult voters in an overseas territorial unit on a question relating to its organisation, its powers or its legislative system. Where the referendum concerns a change as provided for by the foregoing paragraph and is held in response to a proposal by the Government, the Government shall make a statement before each assembly which shall be followed by a debate."
C:88-5 "Any legislative proposal authorising the ratification of a Treaty pertaining to the accession of a State to the European Union and to the European Communities shall be submitted to referendum by the President of the Republic."
C:88-7 "Any legislative proposal authorising the ratification of a Treaty pertaining to the accession of a State to the European Union shall be submitted to referendum by the President of the Republic."
C:89 "The President of the Republic, on a proposal by the Prime Minister, and Members of Parliament alike shall have the right to initiate amendment of the Constitution.
A government or a Member's bill to amend the Constitution shall be passed by the two assemblies in identical terms. The amendment shall have effect after approval by referendum.
However, a government bill to amend the Constitution shall not be submitted to referendum where the President of the Republic decides to submit it to Parliament convened in Congress; the government bill to amend the Constitution shall then be approved only if it is adopted by a three-fifths majority of the votes cast. The Bureau of the Congress shall be that of the National Assembly. No amendment procedure shall be commenced or continued where the integrity of the territory is jeopardized. The republican form of government shall not be the object of an amendment." Source:
Constitution, Art. 3, 11, 88-5, 89
https://www.constituteproject.org/constitution/France_2008?lang=en
Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
C:3 "National sovereignty shall belong to the people, who shall exercise it through their representatives and by means of referendum." C:11 "The President of the Republic may, on a proposal from the Government when Parliament is in session or on a joint motion of the two assemblies, published in either case in the Journal officiel, submit to a referendum any government bill which deals with the organization of the public authorities, or with reforms relating to the economic or social policy of the Nation and to the public services contributing thereto, or which provides for authorization to ratify a treaty that, although not contrary to the Constitution, would affect the functioning of the institutions. Where the referendum is held in response to a proposal by the Government, the latter shall make a statement before each assembly which shall be followed by a debate. Where the referendum decides in favour of the government bill, the President of the Republic shall promulgate it within fifteen days following the proclamation of the results of the vote." C:60 "The Constitutional Council shall ensure the proper conduct of referendum proceedings as provided for in articles 11 and 89 and in Title XV and shall declare the results of the referendum." C:72-1 "The conditions in which voters in each territorial unit may use their right of petition to ask for a matter within the powers of the unit to be entered on the agenda of its decision-making assembly shall be determined by statute. In the conditions determined by institutional Act, draft decisions or acts within the powers of a territorial unit may, on its initiative, be presented for a decision to be taken by the voters in that unit by referendum." C:72-4 "There may be no change for all or part of one of the units to which the second paragraph of article 72-3 applies, from one to another of the statuses provided for by articles 73 and 74, without the prior consent of voters in the relevant unit or part of a unit being sought in the manner provided for by the paragraph below. Such change of status shall be made by institutional Act. The President of the Republic may, on a proposal from the Government when Parliament is in session or on a joint motion of the two assemblies, published in either case in the Journal officiel, decide to consult voters in an overseas territorial unit on a question relating to its organisation, its powers or its legislative system. Where the referendum concerns a change as provided for by the foregoing paragraph and is held in response to a proposal by the Government, the Government shall make a statement before each assembly which shall be followed by a debate." C:88-5 "Any legislative proposal authorising the ratification of a Treaty pertaining to the accession of a State to the European Union and to the European Communities shall be submitted to referendum by the President of the Republic." C:88-7 "Any legislative proposal authorising the ratification of a Treaty pertaining to the accession of a State to the European Union shall be submitted to referendum by the President of the Republic." C:89 "The President of the Republic, on a proposal by the Prime Minister, and Members of Parliament alike shall have the right to initiate amendment of the Constitution. A government or a Member's bill to amend the Constitution shall be passed by the two assemblies in identical terms. The amendment shall have effect after approval by referendum. However, a government bill to amend the Constitution shall not be submitted to referendum where the President of the Republic decides to submit it to Parliament convened in Congress; the government bill to amend the Constitution shall then be approved only if it is adopted by a three-fifths majority of the votes cast. The Bureau of the Congress shall be that of the National Assembly. No amendment procedure shall be commenced or continued where the integrity of the territory is jeopardized. The republican form of government shall not be the object of an amendment." Source:
The 1958 Constitution of France, art. 3, 11, 60, 72-1, 88-5, 88-7 and 89
Source:
Constitution of the Republic of Ghana (1996), art. 5, 249:
http://aceproject.org/ero-en/regions/africa/GH/ghana-constitution-1992-with-amendments-through/
Source:
Parliament Act Number 1950-15, Part II, Article 22A(1).
https://www.gibraltarlaws.gov.gi/articles/1950-15o.pdf
Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
When the term "national level" is used it actually means state level. The reason for this is that Guam is a territory of the United States. Source:
3 Guam Code 1121:
http://www.guamcourts.org/CompilerofLaws/GCA/03gca/3gc001.PDF
Source:
Constitution: “Constitución Política de la República de Guatemala”, art. 173 & 280: https://aceproject.org/ero-en/regions/americas/GT/constitucion/guatemala-constitucion-politica-2012/ —
https://www.constituteproject.org/constitution/Guatemala_1993.pdf ;
Electoral Law: “Ley Electoral y de Partidos Políticos”, art. 250 bis: https://aceproject.org/ero-en/regions/americas/GT/guatemala-lepp-y-reglamentos-2023/
C:65 "The President of the Republic may, after consulting the council of Ministers and the Bureau of the National Assembly, decide to summon a referendum where he deems necessary. The bill that shall be adopted therein shall be enforced and promulgated by the president of the Republic."
C:94 "[...] The attributions of the constitutional council shall comprise the following: [...] Proclaiming the final results of presidential municipal and legislative elections and referendums."
C:103 "The President of the Republic may summon a referendum to revise the constitution; the absolute majority of members of Parliament may equally request amendments." Source:
Constitution as amended by referendum of 23 November 2011, art. 133 (4)
C:5 "2. The people shall exercise their authority through referendum, other forms of direct democracy and their representatives."
C:74 "1. At the request of the Parliament of Georgia, of not less than 200,000 electors or on his/her own
initiative the President of Georgia shall schedule a referendum concerning the issues determined by the Constitution and the Organic Law within 30 days after receiving such a request. 2. The referendum shall not be held with the view of adopting or repealing law, in terms of amnesty or pardon, ratification or denunciation of international treaties and agreements, as well as the issues restricting the basic constitutional rights and freedoms of individuals. 3. Issues related to the scheduling and holding referendum shall be determined by the Organic Law." Source:
Constitution of Georgia, Art. 3:
https://www.constituteproject.org/constitution/Georgia_2018?lang=en
Source:
Constitution: “Constitución Política de 1982", art. 5: https://aceproject.org/ero-en/regions/americas/HN/honduras-constitucion-politica-de-1982-2021/ ;
Direct Democracy Law: "Ley de mecanismos de participación ciudadana (2013)”: https://aceproject.org/ero-en/regions/americas/HN/honduras-ley-democracia-directa-2013/
C:26 "(6) The President of the Republic shall ratify the law subject to national referendum if such law is confirmed by the national referendum."
C:28/C "(1) A national referendum may be held for reaching a decision or for an expression of opinion. Carrying out a national referendum may be mandatory or may be the result of the consideration of a matter. (2) A national referendum shall be held if so initiated by at least 200,000 voting citizens. (3) If a national referendum is mandatory, the result of the successfully held national referendum shall be binding for the Parliament. (4) Based on its consideration, the Parliament may order a national referendum upon the initiative by the President of the Republic, the Government, by one-third of Members of the Parliament or by 100,000 voting citizens. (5) National referendum may not be held on the following subjects: a) on laws on the central budget, the execution of the central budget, taxes to the central government and duties, customs tariffs, and on the central government conditions for local taxes, b) obligations set forth in valid international treaties and on the contents of laws prescribing such obligations, c) the provisions of the Constitution on national referenda and popular initiatives, d) personnel and restructuring (reorganization, termination) matters falling under Parliamentary jurisdiction, e) dissolution of the Parliament, f) the Government's program, g) declaration of a state of war, a state of emergency or a state of national crisis, h) use of the Hungarian Armed Forces abroad or within the country, i) dissolution of the representative body of local governments, j) amnesty. (6) A national ratification referendum shall be considered successful if more than half of the votes of the citizens voting are valid, but at least more than one-quarter of all eligible voters have given the same answer in the referendum.
C:28/D "At least 50,000 voting citizens are required for a national popular initiative. A national popular initiative may be for the purpose of forcing the Parliament to place a subject under its jurisdiction on the agenda. The Parliament shall debate the subject defined by the national popular initiative."
C:28/E "In order to call a national referendum, signatures may be collected for a period of four months in the case of a civic initiative, and for a period of two months in the case of a national popular initiative."
C:44 "(1) Eligible voters exercise the right to local government through the representative body that they elect and by way of local referendum." Source:
Constitution: The Fundamental Law of Hungary, Foundation, art. B(4), & 8: http://njt.hu/cgi_bin/njt_doc.cgi?docid=140968.322953.
Source:
The Constitution of India: http://aceproject.org/ero-en/regions/asia/IN/india-constitution-as-amended-to-2007/view
Representation of the People Act, 1950: http://legislative.gov.in/sites/default/files/03_representation%20of%20the%20people%20act%2C%201950.pdf
Representation of the People Act, 1951: http://legislative.gov.in/sites/default/files/04_representation%20of%20the%20people%20act%2C%201951.pdf
There is no direct democracy mechanism in the Indonesian legal framework. The legislation that contained stipulations on referendum as one of tools of direct democracy was revoked by law number 6/1999 Source:
Constitution: http://aceproject.org/ero-en/regions/asia/ID/indonesia-constitution/view
C:59 "In extremely important economic, political, social, and cultural matters, the functions of the legislature may be exercised through direct recourse to popular vote through a referendum. Any request for such direct recourse to public opinion must be approved by two-thirds of the members of the Islamic Consultative Assembly."
C:123 "The President is obliged to sign legislation approved by the Assembly or the result of a referendum, after the legal procedures have been completed and it has been communicated to him. After signing, he must forward it to the responsible authorities for implementation."
C:177 "(1) The revision of the Constitution of the Islamic Republic of Iran, whenever needed by the circumstances, will be done in the following manner:
The Leader issues an edict to the President after consultation with the Nation's Exigency Council stipulating the amendments or additions to be made by the Council for Revision of the Constitution which consists of: [...] (3) The decisions of the Council, after the confirmation and signatures of the Leader, shall be valid if approved by an absolute majority vote in a national referendum. (4) The provisions of Article 59 shall not apply to the referendum for the "Revision of the Constitution." Source:
Constitution of The Islamic Republic of Iran, articles 59, 123 and 177: https://www.constituteproject.org/constitution/Iran_1989.pdf
Direct Democracy: The International IDEA Handbook (2008): https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook_0.pdf
C:27:5 "1° In every case in which the President decides that a Bill the subject of a petition under this Article contains a proposal of such national importance that the will of the people thereon ought to be ascertained, he shall inform the Taoiseach and the Chairman of each House of the Oireachtas accordingly in writing under his hand and Seal and shall decline to sign and promulgate such Bill as a law unless and until the proposal shall have been approved either i by the people at a Referendum in accordance with the provisions of section 2 of Article 47 of this Constitution within a period of eighteen months from the date of the President’s decision,"
C:46:2 "Every proposal for an amendment of this Constitution shall be initiated in Dáil Éireann as a Bill, and shall upon having been passed or deemed to have been passed by both Houses of the Oireachtas, be submitted by Referendum to the decision of the people in accordance with the law for the time being in force relating to the Referendum."
C:47 "1. Every proposal for an amendment of this Constitution which is submitted by Referendum to the decision of the people shall, for the purpose of Article 46 of this Constitution, be held to have been approved by the people, if, upon having been so submitted, a majority of the votes cast at such Referendum shall have been cast in favour of its enactment into law. 2. 1° Every proposal, other than a proposal to amend the Constitution, which is submitted by Referendum to the decision of the people shall be held to have been vetoed by the people if a majority of the votes cast at such Referendum shall have been cast against its enactment into law and if the votes so cast against its enactment into law shall have amounted to not less than thirty-three and one-third per cent. of the voters on the register. 2° Every proposal, other than a proposal to amend the Constitution, which is submitted by Referendum to the decision of the people shall for the purposes of Article 27 hereof be held to have been approved by the people unless vetoed by them in accordance with the provisions of the foregoing sub-section of this section. 3. Every citizen who has the right to vote at an election for members of Dáil Éireann shall have the right to vote at a Referendum. 4. Subject as aforesaid, the Referendum shall be regulated by law." Source:
Articles 27, 46 and 47 of the Constitution of Ireland (Bunreacht na hÉireann); the Electoral Act 1992; the Referendum Act 1994; the Electoral (Amendment) Act 1998 and the Referendum Act 2001;
Direct Democracy Database: https://www.idea.int/data-tools/data/country?country=107&database_theme=309
C:79 "Proposals to amend or supplement this Constitution may be introduced at regular as well as extraordinary sessions of Althingi. If the proposal is adopted, Althingi shall immediately be dissolved and a general election held. If Althingi then passes the resolution unchanged, it shall be confirmed by the President of the Republic and come into force as constitutional law. If Althingi passes an amendment to the status of the Church under Article 62, it shall be submitted to a vote for approval or rejection by secret ballot of all those eligible to vote." Source:
Constitution of the Republic of Iceland, Art. 79
https://www.constituteproject.org/constitution/Iceland_2013?lang=en
Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Source:
International IDEA Direct Democracy Handbook:
https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook.pdf
C:ChIX:96 "Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds or more of all the members of each House and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority of all votes cast thereon, at a special referendum or at such election as the Diet shall specify." Source:
The Constitution of Japan, Art.47:
https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html
Act on Procedures for Amendment of the Constitution of Japan:
https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?lawId=422CO0000000135#1
b) Uncertain, whether there also are provisisons for mandatory referendums.
C:1 "2. The fundamental principles of the activity of the Republic are public concord and political stability; economic development for the benefit of all the nation; Kazakhstan patriotism and resolution of the most important issues of the affairs of state by democratic methods including voting at an all-nation referendum or in the Parliament."
C:3 "2. The people shall exercise power directly through an all-nation referendum and free elections as well as delegate the execution of their power to state institutions."
C:33 "2. Citizens of the Republic shall have the right to elect and be elected into public and local self-administrations as well as to participate in an all-nation referendum. 3. The right to elect and be elected, to participate in the all-nation referendum shall not extend to the citizens judged incapable by a court as well as those held in places of confinement on a court's sentence."
C:44 "1. The President of the Republic of Kazakhstan shall: [... ] 10) adopt a resolution on conducting the all-nation referendum;" Source:
Constitution of the Republic of Kazakhstan: amended on June 9th, 2021. Article 3, 54.
https://www.akorda.kz/en/constitution-of-the-republic-of-kazakhstan-50912
C:1 "5. Amendments and supplements to the Constitution of the Kyrgyz Republic, the Laws of the Kyrgyz Republic, and other important matters of state life may be referred for a referendum (national vote). The grounds and procedure for holding a referendum shall be established by
constitutional law."
C:52 "2. The Prime Minister, while executing the duties of the President of the Kyrgyz Republic, does not have the right to dissolve the Legislative Assembly or the Assembly of People's Representatives, to call a referendum, to terminate the authority of the Pravitel'stvo, or to make proposals for introducing amendments and supplements to the Constitution of the Kyrgyz Republic."
C:63 "2. The Legislative Assembly or the Assembly of People's Representatives, or both chambers of the Jogorku Kenesh simultaneously, may be dissolved early by the President of the Kyrgyz Republic as the result of a referendum in the event of three refusals to approve the appointment of a Prime Minister or in the event of another crisis caused by insurmountable differences between the chambers of the Jogorku Kenesh or between one or both chambers of the Jogorku Kenesh and other branches of state power."
C:96 "1. Amendments and supplements to this Constitution are adopted by referendum called by the President of the Kyrgyz Republic." Source:
Constitution of the Kyrgyz Republic (2021), art. 2, 116, 79 (1):https://constsot.kg/wp-content/uploads/2022/06/constitution-of-the-kyrgyz-republic.pdf
Constitutional Law on Referendum in Kyrgyz Republic 2016(amended in 2019): https://legislationline.org/sites/default/files/documents/d2/KYRG_Const%20Law%20on%20Referendum.pdf
Source:
Constitution of Kiribati, Art 59 and 69: https:https://www.constituteproject.org/constitution/Kiribati_2013
Direct Democracy: The International IDEA Handbook (2008) https://www.idea.int/publications/catalogue/direct-democracy-international-idea-handbook?lang=en
c: A national referendum shall be held if: the President of Latvia has suspended the promulgation of a law for two months, and during this period a petition by not less than one-tenth of the electorate has been received to put the suspended law to a national referendum; the Saeima has not adopted without change as to its content a draft law or a draft amendment to the Constitution submitted by not less than one-tenth of the electorate.
Source:
Constitution: The Constitution of the Republic of Latvia as amended on 8 April 2009, art. 48, 50, 64, 68, 72, 74, 77-80: http://legislationline.org/download/action/download/id/4777/file/Latvia_Constitution_am2009_en.pdf (2014);
Law: Law on National Referendum and Initiation of Legislation as amended till 26 February 2009, art. 1-2.
Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
NA Source:
Constitution: http://www.presidency.gov.lb/English/LebaneseSystem/Documents/Lebanese%20Constitution.pdf
https://www.idea.int/data-tools/data/country?country=124&database_theme=309
provisions are supposed to be in the constitution
MR. BOBBY W. LIVINGSTONE- INFORMATION OFFICER OF THE IEC OF LIBERIA Source:
The 1986 Constitution of the Republic of Liberia, Art. 30, http://aceproject.org/ero-en/regions/africa/LR/liberia-amended-electoral-laws-2014/view
National Electoral Commission, Referendum Regulations (May 2016), http://www.necliberia.org/doc_download/8%20Referendum%20Regulations.pdf?a4705305cd27e04fb1f66830e7e0ef9d=Mg%3D%3D
Source:
Constitution of the Principality of Liechtenstein [2014], Articles 42(2,3), 64, 65(2), 66, 66bis, 112, and 113.
https://www.llv.li/files/rdr/Verfassung-E-01-02-2014.pdf
Referendum Law art 5: "Consultative (deliberative) referendums may be held with respect to other issues of utmost importance to the State and the People, regarding which it is not necessary to hold a mandatory referendum, they are being proposed for a referendum by 300 thousand citizens having the right to vote or the Seimas." Source:
Constitution of the Republic of Lithuania (25 October 1992, as last amended on 25 April 2006), art. 4, 9, 68(2), 69(4), 148(1)
http://www3.lrs.lt/home/Konstitucija/Constitution.htm
Republic of Lithuania, Law on Referendum (4 June 2002, as last amended on 12 September 2012 – No XI-2216)
http://aceproject.org/ero-en/regions/europe/LT/republic-of-lithuania-law-on-referendum-2002-last/at_download/file
Source:
Law on Referendum on a national level; https://legilux.public.lu/eli/etat/leg/loi/2005/02/04/n1/jo
Constitution, Art. 51(7), 114: https://www.constituteproject.org/constitution/Luxembourg_2009
Direct Democracy Database: https://www.idea.int/data-tools/data/country?country=130&database_theme=309
Source:
Constitution of the Republic of North Macedonia, art. 2, 71, 73:
https://www.sobranie.mk/the-constitution-of-the-republic-of-macedonia-ns_article-constitution-of-the-republic-of-north-macedonia.nspx
C:42 "(f) Holding public referendums on major issues concerning which the President requires to obtain public opinion."
C:132. "It shall be the duty of the Commissioner of Elections, in accordance with the Constitution and law, to organise and conduct the general public vote to elect the President, elections of the members of the People’s Majlis and the People’s Special Majlis and public referendums as may be required by the President to obtain public opinion."
C:133 "Voting in elections and public referendums stipulated in the Constitution and the law shall be by secret ballot." Source:
Constitution 2008, art. 70 (b-6), 115 (p), 262, 264, 265: http://www.majlis.gov.mv/en/wp-content/uploads/Constitution-english.pdf (2018)
C:26 "The Sovereignty of the nation belongs entirely to the People, who shall exercise it through their representatives or by vote of referendum."
C:41 "The President of the Republic, by proposal of the Cabinet, during the duration of its sessions or by proposal of the National Assembly, after the opinion of the Constitutional Court is published in the Official Journal, may place under referendum any and all questions of national interest, any law related to the organization of public powers, consisting of an approval of an accord of union or an authorization of a treaty which, without being unconstitutional, would have effect on the function of the Institutions. When the referendum has concluded that the proposal is to be adopted, the President of the Republic shall promulgate it in the manner prescribed in Article 40."
C:86 "The Constitutional Court must decide on - [...] the regularity of presidential and legislative elections and the operations for referendums of which it shall declare the results."
C:118 [...] "A project or proposal of revision must be voted-in by the National Assembly with a majority of the two tiers of its members. A revision is only definite after being approved by referendum."
C:120 "The present Constitution must be put to referendum. In the event that it is welcomed by a majority of the votes cast, the President of the Committee of Transition for the Good of the People shall proceed with promulgation within the conditions established by the present Constitution." Source:
The Constitution of the Republic of Mali, art. 26, 41, 86, 118 and 120
Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
C:2 "Sovereignty shall be that of the People who shall exercise it directly, by means of referendum, or indirectly, through the constitutional institutions."
C:69 "After a second reading, the King may, by Royal Decree, submit any draft bill or proposed law to referendum, except in the case of those submitted for a new reading which shall have been adopted or rejected by a two-third majority of the members of each one of the two Houses;"
C:70 "The results of the referendum shall be binding upon all."
C:81 "The Constitutional Council shall perform the functions assigned by the articles of the Constitution or the provisions of the organic laws. It shall furthermore decide on the validity of the election of the Members of Parliament and that of referendum operations." Source:
Morocco's Constitution of 2011, Articles 2, 132, 172, 174: https://www.constituteproject.org/constitution/Morocco_2011.pdf
C:47 "(3) A Bill for an Act of Parliament to alter the provisions of section 1 or 57(2) shall not be passed by the Assembly unless – (a) the proposed Bill has before its introduction in the Assembly been submitted, by referendum, to the electorate of Mauritius and has been approved by the votes of not less than three quarters of the electorate;" Source:
Constitution: Constitution of the Republic of Mauritius, art. 47(3)
Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
C:I:Art2 "(1) The people shall be the source of all power. (2) The national sovereignty belongs to the people which exercises it through its elected representatives and through referendum."
C:II:Art38 "The President of the Republic, on any question of national importance, may have recourse to the people through a referendum."
C:V:Art78 "1) Peace treaties, union treaties, commerce treaties, treaties or accords concerning an international organization, treaties which require the finances of the State, treaties which modify provisions of a legislative nature, treaties concerning the status of persons, and treaties concerning the borders of the State may only he ratified by a law. (2) They may take effect only after being ratified or approved. No cession, no exchange, and no annexation of territory is valid without the consent of the people who shall decide through referendum. (3) In the case set forth in the last paragraph of Article 2, the required majority is four-fifths of the votes cast."
C:VI:Art85 "The Constitutional Council evaluates the legality of the referendum and announces the results."
C:XI:Art100 "The revision of the Constitution is complete when approved by a simple majority of the votes cast in a referendum." Source:
Constitution as amended by Constitutional Law n° 2012-015, art. 2, 38, 78 (2), 85, 99, 100, 101: www.mauritania.mr (2012)
Source:
Constitution: "Constitución Política de los Estados Unidos Mexicanos", art. 35 (VII, VIII & IX): https://aceproject.org/ero-en/regions/americas/MX/mexico-constitucion-2024/ ;
Referendum Law: "Ley Federal de Consulta Popular": https://aceproject.org/ero-en/regions/americas/MX/mexico-lfcpo-2024/ ;
Recall Law: “Ley Federal de Revocación de Mandato”: https://aceproject.org/ero-en/regions/americas/MX/mexico-lfrm-2022/
Source:
Constitution of the Federated States of Micronesia Art. 1, Section 3; Art. 14: http://www.fsmlaw.org/fsm/constitution/constitution.htm
Direct Democracy Database, IDEA, https://www.idea.int/data-tools/data/country?country=145&database_theme=309
C:25 "(1) The National Parliament may consider, at its initiative, any issue pertaining to domestic and foreign policies of the country, and retains within its exclusive competence the following questions and decisions thereon: [...] 16) to hold national referendums, to verify the validity of a referendum in which the majority of eligible citizens has taken parts, and to consider the question which has obtained a majority vote as decided;"
C:66 "(2) The Constitutional Court, in accordance with Paragraph (1), issues judgements to the National Parliament on: 2) the constitutionality of national referendums and decisions of the central election authority on the elections of the National Parliament and its members as well as on presidential elections;"
C:68 "(1) Amendments to the Constitution may be initiated by organization and officials enjoying the right to legislative initiative and may be proposed by the Constitutional Court to the National Parliament. (2) A national referendum on constitutional amendment may be held on the concurrence of not less than two-thirds of the members of the National Parliament. The referendum is held in accordance with the provisions of Article 25 (1) No. 16." Source:
Constitution, Art. 25 (1.16), 66 & 68: https://www.constituteproject.org/constitution/Mongolia_2001?lang=en (2017);
Referendum Law
Source:
Constitution: The Constitution of the Republic of Montenegro, SU-SK Ref. no. 01-514/12, 19 October 2007, art. 2 & 157.
https://www.constituteproject.org/constitution/Montenegro_2013?lang=en
Law: Law on Referendum as of 19 February 2001.
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:
Constitution: Constitution of the Republic of Namibia, Ch. 19, Art 63 & Art 132, Sec 3 (a).
Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm
C:84 "(1.) This Constitution shall not be altered except in accordance with this Article. (2.) This Constitution may be altered by law but a proposed law for that purpose shall not be passed by Parliament unless- [...] (3.) A proposed law to alter or having the effect of altering the Fifth Schedule or any of the provisions of this Constitution specified in the Fifth Schedule shall not be submitted for the certificate of the Speaker under Article 47 unless, after it has been passed by Parliament, it has been approved by not less than two-thirds of all the votes validly cast on a referendum held, subject to clause (4.) of this Article, as prescribed by law. (4.) A person who, at the time the referendum is held, is qualified to vote at an election of members of Parliament, is entitled to vote at a referendum held for the purposes of this Article and no other person is so entitled." Source:
Constitution 1968, Art. 84.
C:TitleI:6 "The people shall exercise their sovereignty through elected representatives and through referendum."
C:SecI:103 "The Constitutional Court is the competent court for constitutional and electoral matters. It has the responsibility to rule on the constitutionality of laws and ordinances and to decide whether international treaties and agreements are in accordance with the Constitution. The Constitutional Court interprets the provisions of the Constitution. It controls the legality, transparency and honesty of referendums and presidential, legislative and local elections. It is the judge of any electoral litigation and announces the final results of elections."
C:TitleIII:135 "Any revision shall only go into effect after it has been approved by a four-fifths majority of the members composing the National Assembly. Failing this, the draft or bill shall be submitted to a Referendum." Source:
Constitution of 25 November 2010 with its amendments, art. 6 (1), 60, 174: https://www.constituteproject.org/constitution/Niger_2010.pdf (2016);
Ordinance No. 2010-96 of 28 December 2010 establishing the Electoral Code, art. 129 - 133: http://www.electionpassport.com/files/Niger-Electoral-Code-2010.pdf (2016)
C:8 "(1) An Act of the National Assembly for the purpose of creating a new State shall only be passed if - [...] (b) a proposal for the creation of the State is thereafter approved in a referendum by at least two-thirds majority of the people of the area where the demand for creation of the State originated; (c) the result of the referendum is then approved by a simple majority of all the States of the Federation supported by a simple majority of members of the Houses of Assembly; [...] (3) A bill for a Law of a House of Assembly for the purpose of creating a new local government area shall only be passed if - [...] (b) a proposal for the creation of the local government area is thereafter approved in a referendum by at least two-thirds majority of the people of the local government area where the demand for the proposed local government area originated; (c) the result of the referendum is then approved by a simple majority of the members in each local government council in a majority of all the local government councils in the State; and (d) the result of the referendum is approved by a resolution passed by two-thirds majority of members of the House of Assembly."
C:69 "A member of the Senate or of the House Representatives may be recalled as such a member if - (a) there is presented to the Chairman of the Independent National Electoral Commission a petition in that behalf signed by more than one-half of the persons registered to vote in that member's constituency alleging their loss of confidence in that member; and (b) the petition is thereafter, in a referendum conducted by the Independent National Electoral Commission within ninety days of the date of receipt of the petition, approved by a simple majority of the votes of the persons registered to vote in that member's constituency." Source:
Constitution 1999 (as amended), art. 8, 69, 110: http://www.wipo.int/wipolex/en/text.jsp?file_id=179202 (2013);
Electoral Act 2010, art. 116: http://www.inecnigeria.org/downloads/?did=5 (2013)
There is no law for referendum, referendums are always held on an ad hoc basis when a majority of the parliament calls for one. The parliament and local councils may organise advisory referenda on any issue. Source:
Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Source:
Basic Statute of the State, as amended by Royal Decree No. 99/2011: https://constitutionnet.org/sites/default/files/oman_basic_statute_of_the_state_2011-english.pdf
C:P1:Ch2:9 "Major matters of public and state life shall be submitted for a nationwide discussion and put to a direct vote of the people (a referendum). The procedure for holding referendums shall be specified by law."
C:P2:Ch8:32 "All citizens of the Republic of Uzbekistan shall have the right to participate in the management and administration of public and state affairs, both directly and through representation. They may exercise this right by way of self-government, referendums and democratic formation of state bodies."
C:P4:Ch17:74 "The Republic of Karakalpakstan shall have the right to secede from the Republic of Uzbekistan on the basis of a nationwide referendum held by the people of Karakalpakstan." Source:
The Constitution of the Republic of Uzbekistan, Chapter 8, Article 36: Articles, 9, 32, 74, 127 https://constitution.uz/en/clause/index
C:26B "(6) If, at any time, the President, in his discretion, or on the advice of the Prime Minister, considers that it is desirable that any matter of national importance should be referred to a referendum, the President may cause the matter to be referred to a referendum in the form of a question that is capable of being answered either by "Yes" or "No". (7) An act of Majlis-e-Shoora (Parliament) may lay down the procedure for the holding of a referendum and the compiling and consolidation of the result of a referendum." Source:
Direct Democracy Database:https://www.idea.int/data-tools/data/country?country=169&database_theme=309
C:ArtII:Sec3 "Major governmental powers including but not limited to defense, security, or foreign affairs may be delegated by treaty, compact, or other agreement between the sovereign Republic of Palau and another sovereign nation or international organization, provided such treaty, compact or agreement shall be approved by not less than two-thirds (2/3) of the members of each house of the Olbiil Era Kelulau and by a majority of the votes cast in a nationwide referendum conducted for such purpose, provided, that any such agreement which authorizes use, testing, storage or disposal of nuclear, toxic chemical, gas or biological weapons intended for use in warfare shall require approval of not less than three-fourths (3/4) of the votes cast in such referendum."
C:ArtVIII:Sec10 "The President or Vice President may be removed from office by a recall. A recall is initiated by a resolution adopted by not less than two-thirds (2/3) of the members of the state legislatures in not less than three-fourths (3/4) of the states. Upon receipt by the presiding officers of the Olbiil Era Kelulau of the required number of certified resolutions, the Olbiil Era Kelulau shall establish a special election board to supervise a nationwide recall referendum to be held not less than thirty (30) days nor more than sixty (60) days, after receipt of the required number of certified resolutions."
C:ArtIX:Sec17 "The people may recall a member of the Olbiil Era Kelulau from office. A recall is initiated by a petition which shall name the member sought to be recalled, state the grounds for recall, and be signed by not less than twenty-five percent (25%) of the number of persons who voted in the most recent election for that member of the Olbiil Era Kelulau. A special recall election shall be held not later than sixty (60) calendar days after the filing of the recall petition. A member of the Olbiil Era Kelulau shall be removed from office only with the approval of a majority of the persons voting in the election, and such vacancy shall be filled by a special election to be held in accordance with law. A recall may be sought against an individual member of the Olbiil Era Kelulau no more than once per term. No recall shall be permitted against a member who is serving the first year of his first term in the Olbiil Era Kelulau."
C:ArtXIII:Sec6 "Harmful substances such as nuclear, chemical, gas or biological weapons intended for use in warfare, nuclear power plants, and waste materials therefrom, shall not be used, tested, stored, or disposed of within the territorial jurisdiction of Palau without the express approval of not less than three-fourths (3/4) of the votes cast in a referendum submitted on this specific question."
C:ArtXIII:Sec12 "The national government shall have exclusive power to regulate importation of firearms and ammunition. No persons except armed forces personnel lawfully in Palau and law enforcement officers acting in an official capacity shall have the right to possess firearms or ammunition unless authorized by legislation which is approved in a nationwide referendum by a majority of the votes cast on the issue." Source:
Constitution, Art. II (3), VIII (10), IX (17), XIII (3, 6 & 12), XIV (1 & 2), XV (11), First Amendment (14).
Constitution not valid, only a draft. No provisions for DD in current laws. Source:
Palestinian Basic Law: http://www.osservatorioiraq.it/sites/default/files/Palestinian%20Basic%20Law%20with%20Amendements%20-%20english.pdf (2013)
Source:
Constitution: “Constitución Política de la República de Panamá”, art. 151, 313 (2), 314, 325: http://aceproject.org/ero-en/regions/americas/PA/panama-constitucion-politica-de-la-republica-2004
Electoral Code: “Código Electoral”, art. 485–511: https://aceproject.org/ero-en/regions/americas/PA/panama-codigo-electoral-2023/
C:TII:ChX:121 "A legislative referendum, approved by law, can be either binding or nonbinding. A law will regulate this institution."
C:TII:ChX:122 "The following matters cannot be submitted to a referendum: 1. International relations, treaties, conventions, or agreements; 2. Expropriations; 3. National defense; 4. Limitations to real estate property; 5. Tax, monetary, and banking systems; loan agreements; the national General Budget; and 6. National, departmental, and municipal elections."
C:TII:ChX:123 "Voters are hereby given the right to propose draft laws to Congress through popular initiative. A law will establish the procedures as well as the number of voters who must sign such proposals."
C:TIV:290 "[...] (3) If the amendment has been approved by the two chambers of Congress, the full text of it will be submitted to the Superior Electoral Court, which, within a period of 180 days will call a referendum. If the outcome of the referendum is in favor of the amendment, it will be considered that it has been approved and promulgated and considered part of the Constitution."
EL:259 "The authorization for calling the voters for a legislative referendum, in any of its types, consultive or binding, is an exclusive duty of Congress…."
EL:260 “The initiative for the consultation via referendum is exclusive duty of the Executive Power, five Senators or ten representatives. There shall be no referendum during the state of exception or within the 90 days subsequent to its removal. Also, it shall not be called within the previous 90 days and subsequent 90 days to the date of general elections or municipal elections or of another referendum."
EL:261 (The referendum shall be decided by universal vote, free, direct, and secret by simple majority of the votes. The object of the consultation via referendum shall clearly state the question or questions that the voters will be asked to answer with a yes or a no.)
EL:262 "Once the request of a referendum has been accepted, the President of the Congress shall send a copy to the Superior Court of Electoral Justice in order to call the voters."
EL:263 (If the result of the referendum was not favorable to the approval of the issue being consulted, the initiative cannot be repeated until three years have passed. If it is rejected in legislative seat another one cannot be promoted about the same issue until two years have gone by.)
EL:264 (The calling law for a referendum shall be spread through the newspapers which have more circulation in the country; it shall be published three times within the following 10 days after its promulgation. During the previous ten days to the voting, the entire or partial publication shall be forbidden as well as comments of the results of any survey or opinion consultation that are directly or indirectly related to the issue being submitted to referendum.)
EL:265 "The consultation to the voters shall be for affirmative or negative towards the amendment passed by Congress.” Source:
Electoral Law: Código Electoral Paraguayo (Ley 834/96), art. 259-275:
http://aceproject.org/ero-en/regions/americas/PY/paraguay-codigo-electoral-2014/ (2014)
From 2002 until (1st January) 2005 the Temporary referendum act (Tijdelijke referendumwet abbreviated Trw) was in force. The act made optional, advisory referendums possible by a formal demand of a number of citizens.
On 1 June 2005 an advisory referendum was held in The Netherlands on the European Constitution. This referendum was based on an act of 4 February 2005 (Advisory Referendum on the European Constitution-act, abbreviated to WRREG). The WRREG had no other purpose than to make the referendum on the European constitution possible.
It is currently possible for citizens to introduce an agenda initiative into the Tweede Kamer (Burgerinitiatief). Agenda initiatives can be introduced by gathering 40,000 signatures supporting the initiative. Subsequently, the proposal is to be considered by the House of Representatives. Regulations supporting the agenda initiative were introduced on 1 May 2006, by changing the Rules of Procedure of the Tweede Kamer. The provisions for agenda initiatives can be found in chapter XA of the Rules of Procedure for the Tweede Kamer, article 132a.
Source:
House of Representatives of the Netherlands - Rules of Procedure (2012), Section 20: https://www.houseofrepresentatives.nl/sites/default/files/content/rules_of_procedure_1.pdf
C:ArtVI:Sec1 "The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum."
C:ArtVI:Sec32 "The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof."
C:ArtIX:Sec2 "The Commission on Elections shall exercise the following powers and functions: (1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. [...] (9) Submit to the President and the Congress, a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall."ee per centum of the registered voters thereof."
C:ArtX:Sec3 "The Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of the local units." Source:
Constitution, Art. VI, Sec. 32; Art. XVI, Sec. 2; Art. XVII, Sec. 2, 3, 4; Art. XVII, Sec. 25: http://www.gov.ph/constitutions/1987-constitution/ (2016)
Republic Act No. 6735 "The Initiative and Referendum Act": http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OtherElectionLaws/RA6735 (2016)
Source:
Election Code: Act of 5 January 2011 on Election Code to the Sejm of the Republic of Poland and to the Senate of the Republic of Poland, article 4 and 125: https://legislationline.org/sites/default/files/documents/40/POL_Election%20Code.pdf
At the Parliament website http://www.parlamento.pt/ingles/cons_leg/crp_ing/index.html
see the Constitution (english version updated in 1997). The review in 1989 introduced the
optional referendum under severe constraints.
The reviews in 1992 and 1997 adapted the text of the Constitution to the principles of the Treaties of
European Union, introducing, amongst other things, electoral rights for foreign citizens, the possibility
of creating single-member constituencies and the right of citizens to initiate legislation.
In 1998 two referendums were conducted in June and November (on abortion – 1 question and on
devolution and regions – 2 questions) and in both occasions the minimum percentage of the entire
electorate was not attained. Additional information http://www.stape.pt/resultref/refnac_28jun98.htm
and http://www.stape.pt/resultref/refnac_8nov98.htm .
The results here http://www.stape.pt/resultref/res_refnac_28jun98.htm and
http://www.stape.pt/resultref/res_refnac_8nov98.htm .
No citizens’ initiative till now.
A referendum for the approval of the European Constitution is expected in 2005/6 (legislature
initiative).
See Constitution, art. 115:
Article 115
Referenda
1. In cases provided for in, and as laid down by, this Constitution and the law, following a proposal from the Assembly of the Republic or the Government in relation to matters that fall under their respective responsibilities, the President of the Republic may decide to call upon citizens who are registered to vote in Portuguese territory to directly and bindingly pronounce themselves by referendum.
2. Referenda may also be held on the initiative of citizens who submit a request to the Assembly of the Republic. Such requests shall be submitted and considered under the terms and within the time limits laid down by law.
3. The object of a referendum shall be limited to important issues concerning the national interest upon which the Assembly of the Republic or the Government must decide by passing an international agreement or by passing legislation.
4. The following shall not be subject to referendum:
a) Alterations to this Constitution;
b) Issues and acts with a budgetary, tax-related or financial content;
c) The matters provided for in Article 161, without prejudice to the provisions of the following paragraph;
d) The matters provided for in Article 164, save the provisions of subparagraph i).
5. The provisions of the previous paragraph shall not prejudice the submission to referendum of such important issues concerning the national interest as should be the object of an international agreement pursuant to Article 161i, except when they concern peace or the rectification of borders.
6. Each referendum shall only address one matter. Questions shall be objectively, clearly and precisely formulated, shall solicit yes or no answers, and shall not exceed a maximum number to be laid down by law. The law shall also lay down the other terms governing the formulation and holding of referenda.
7. Referenda shall not be called or held between the dates on which general elections for the bodies that exercise sovereign power, elections for the self-government bodies of the autonomous regions, for local authority bodies and for Members of the European Parliament are called and those on which they are held.
8. The President of the Republic shall submit all draft referenda submitted to him by the Assembly of the Republic or the Government, to compulsory prior determination of their constitutionality and legality.
9. The provisions of Article 113(1), (2), (3), (4) and (7) shall apply to referenda, mutatis mutandis.
10. Draft referenda that are refused by the President of the Republic or are negatived by the electorate shall not be resubmitted during the same legislative session, save new elections to the Assembly of the Republic, or until the Government resigns or is removed.
11. Referenda shall only be binding in the event that the number of voters exceeds half the number of registered electors.
12. Citizens who reside abroad and are properly registered to vote under the provisions of Article 121(2) shall be called upon to take part in referenda that address matters which specifically also concern them.
13. Referenda may be regional in scope, in accordance with Article 232(2).
Source:
Constitution of the Portuguese Republic, Seventh Revision [2005], Articles 115, 167: https://ecnl.org/sites/default/files/files/2021/PortugalConstitution.pdf
Legislative Initiative by Citizens: https://www.parlamento.pt/sites/EN/Parliament/Documents/LeiIniciativaCidadaosEN.pdf
Legal Regime governing Referenda: https://www.parlamento.pt/sites/EN/Parliament/Documents/ReferendoEN.pdf
The referendum is mandatory in case of making up municipalities and constitutional amendments. Source:
Constitution: “Constitución del Estado Libre Asociado de Puerto Rico”, art. VII (s. 1, 2): http://aceproject.org/ero-en/regions/americas/PR/puerto-rico-constitucion-1970/ ;
Electoral Law: “Código Electoral de Puerto Rico de 2020”, art. 11.1–11.11: http://aceproject.org/ero-en/regions/americas/PR/puerto-rico-ley-58-2020-codigo-electoral-2020/
Source:
Constitution as amended by Law 29402 of 2011, art. 2 (17), 31, 32, 190, 206:
http://aceproject.org/ero-en/regions/americas/PE/constitucion/peru-constitucion-politica-2011/ (2016);
Law 26300 on Political participation and control rights of the citizens:
http://aceproject.org/ero-en/regions/americas/PE/peru-ley-de-los-derechos-de-participacion-y/ (2016)
C:75 "The Emir shall seek public opinion on important issues pertaining to the interests of the State in a referendum. The subject of such referendum shall be deemed acceptable if acknowledged by the majority of voters; and the results of the referendum shall be binding and effective from the date of its announcement. The results shall be published in the official Gazette." Source:
Constitution, art. 75: https://www.constituteproject.org/constitution/Qatar_2003
Parliament can call for a UK wide, national referendum or English Regional referendums to be held under a generic piece of legislation called the Political Parties Elections and Referendums Act 2000. It is generic legislation for all UK, national and regional referendums. Further subsequent legislation is required before a referendum can actually be held. Source:
Political Parties Elections and Referendums Act 2000, Section 101
https://www.legislation.gov.uk/ukpga/2000/41/section/101
Direct Democracy: The International IDEA Handbook (2008)
http://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook.pdf
La souveraineté nationale appartient aux Rwandais qui l‟exercent directement par voie référendaire, par des élections ou par leurs représentants. (Constitution, art. 1) Source:
Constitution (2015), Art. 1: http://aceproject.org/ero-en/regions/africa/RW/rwanda-constitution-versions-francaise-et-anglaise/
C:18 "The principle of the Republic is: “Government of the people, by the people, and for the people”. The national sovereignty belongs to the people who exercise it directly by means of referendum or indirectly by their representatives.[...]"
C:67 "The Republic may, after referendum, conclude with any African state accords of association or of fusion including partial or total abandonment of sovereignty in view of realising African unity."
C:101 "Revision intervenes when the draft presented to the state has been passed by the National Assembly by a three-fourths majority of the members which compose it, or has been adopted by referendum." Source:
Electoral Law N° 09.016, Art. 136 - 151: http://ddata.over-blog.com/1/35/48/78/Centrafrique/CODE_ELECTORAL-RCA-2-octobre-2010.pdf (2016);
Constitution, Art. 19, 28, 69, 70, 107: http://www.wipo.int/wipolex/fr/text.jsp?file_id=193706 (2016)
Source:
Constitution: Constitution of the Czech Republic of December 16, 1992 (Amended by Act No. 515/2002 Coll.), art. 2(2).
https://www.constituteproject.org/constitution/Czech_Republic_2013?lang=en (2017)
Source:
Law n.101 of 28 November 1994 "New Rules for referendum and people's legislative initiative": http://www.consigliograndeegenerale.sm/contents/instance18/files/document/21630leggi_5165.pdf (2012);
Constitution, Art. 3 bis, 17, (Available on the Official Website of the Parliament: http://www.consigliograndeegenerale.sm)
Source:
Constitution: Constitution of the Republic of Serbia, art. 2:1, 108, 176:1, 182, 188, 203.
http://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view
Electoral Law: The law on Referendum and Civil Initiative.
http://aceproject.org/regions-en/countries-and-territories/RS/links/law-on-referendum-and-civil-initiative
Source:
Constitution of the Republic of Seychelles (2011). Art. 164
http://aceproject.org/ero-en/regions/africa/SC/seychelles-constitution-2011/view
Elections Act Chapter 68A (1996). Part IV
http://aceproject.org/ero-en/regions/africa/SC/seychelles-electoral-act-1996/view
C:5 "(2a) Unless the President, acting in his discretion, otherwise directs the Speaker in writing, a Bill seeking to amend this clause, Articles 17 to 22, 22a to 22o, 35, 65, 66, 69, 70, 93a, 94, 95, 105, 107, 110a, 110b, 151 or any provision in Part IV or XI shall not be passed by Parliament unless it has been supported at a national referendum by not less than two-thirds of the total number of votes cast by the electors registered under the Parliamentary Elections Act. (3) In this article, "amendment" includes addition and repeal."
C:6 "(1) There shall be (a) no surrender or transfer, either wholly or in part, of the sovereignty of the Republic of Singapore as an independent nation, whether by way of merger or incorporation with any other sovereign state or with any Federation, Confederation, country or territory or in any other manner whatsoever; and (b) no relinquishment of control over the Singapore Police Force or the Singapore Armed Forces, unless such surrender, transfer or relinquishment has been supported, at a national referendum, by not less than two-thirds of the total number of votes cast by the electors registered under the Parliamentary Elections Act."
C:8 "(1) A Bill for making an amendment to this Part shall not be passed by Parliament unless it has been supported, at a national referendum, by not less than two-thirds of the total number of votes cast by the electors registered under the Parliamentary Elections Act." Source:
Constitution of the Republic of Singapore, art. 2A, 5, 5A, 6, 8: https://www.constituteproject.org/constitution/Singapore_2010?lang=en (2017).
Source:
The Constitution of the Slovak Republic, Articles 7(1), 93-100
http://aceproject.org/ero-en/regions/europe/SK/constitution-of-the-slovak-republic-as-amended-to/view
C:4 "The Sovereignty of the People shall be exercised and enjoyed in the following manner :- (a) the legislative power of the People shall be exercised by Parliament, consisting of elected representatives of the People and by the People at a Referendum; [...] (e) the franchise shall be exercisable at the election of the President of the Republic and of the Members of Parliament, and at every Referendum by every citizen who has attained the age of eighteen years, and who being qualified to be an elector as hereinafter provided, has his name entered in the register of electors."
C:79 "The Speaker shall endorse on every Bill passed by Parliament a certificate in the following form :- “This Bill (here state the short title of the Bill) has been duly passed by Parliament.” Such certificate may also state the majority by which such Bill was passed : [...] Provided further that where by virtue of Article 83, the Bill or any provision thereof requires the approval of the People at a Referendum, such certificate shall further state that the Bill or such provision shall not become law until approved by the People at a Referendum."
C:80 "(1) Subject to the provisions of paragraph (2) of this Article, a Bill passed by Parliament shall become law when the certificate of the Speaker is endorsed thereon. (2) Where the Cabinet of Ministers has certified that any Bill or any provision thereof is intended to be submitted for approval by the People at a Referendum or where the Supreme Court has determined that a Bill or any provision thereof requires the approval of the People at a Referendum or where any Bill is submitted to the People by Referendum under paragraph (2) of Article 85, such Bill or such provision shall become law upon being approved by the People at a Referendum in accordance with paragraph (3) of Article 85 only when the President certifies that the Bill or provision thereof has been so approved. The President shall endorse on every Bill so approved a certificate in the following form : - “This Bill/provision has been 21[duly approved by the People at a Referendum.” No such certificate shall be endorsed by the President on a Bill – (a) in any case where no petition is filed challenging the validity of the referendum at which such bill was approved by the People, until after the expiration of the period within which a petition may be filed, under the law applicable in that behalf, challenging the validity of such referendum: (b) in any case where a petition is filed challenging the validity of the Referendum at which such Bill was approved by the People, until after the Supreme Court determines that such Referendum was valid.]"
C:83 "Notwithstanding anything to the contrary in the provisions of Article 82— (a) a Bill for the amendment or for the repeal and replacement of or which is inconsistent with any of the provisions of Articles 1, 2, 3, 6, 7, 8, 9, 10 and 11, or of this Article, and (b) a Bill for the amendment or for the repeal and replacement of or which is inconsistent with the provisions of paragraph (2) of Article 30 or of paragraph (2) of Article 62 which would extend the term of office of the President or the duration of Parliament, as the case may be, to over six years, shall become law if the number of votes cast in favour thereof amounts to not less than two-thirds of the whole number of Members (including those not present), is approved by the People at a Referendum and a certificate is endorsed thereon by the President in accordance with Article 80."
C:85 "(1) The President shall submit to the People by Referendum every Bill or any provision in any Bill which the Cabinet of Ministers has certified as being intended to be submitted to the People by Referendum, or which the Supreme Court has determined as requiring the approval of the People at a Referendum if the number of votes cast in favour of such Bill amounts to not less than two-thirds of the whole number of Members (including those not present). (2) The President may in his discretion submit to the People by Referendum any Bill (not being a Bill for the repeal or amendment of any provision of the Constitution, or for the addition of any provision to the Constitution, or for the repeal and replacement of the Constitution, or which is inconsistent with any provision of the Constitution), which has been rejected by Parliament. (3) Any Bill or any provision in any Bill submitted to the People by Referendum shall be deemed to be approved by the People if approved by an absolute majority of the valid votes cast at such Referendum: Provided that when the total number of valid votes cast does not exceed two-thirds of the whole number of electors entered in the register of electors, such Bill shall be deemed to be approved only if approved by not less than one-third of the whole number of such electors."
C:86 "The President may, subject to the provisions of Article 85, submit to the People by Referendum any matter which in the opinion of the President is of national importance."
C:87 "(1) Every Referendum shall be conducted by the Commissioner of Elections who shall communicate the result thereof to the President. (2) Parliament shall by law provide for all matters relating to the procedure for the submission of Bills and of matters of national importance to the People by Referenda, the register of electors to be used at a Referendum, the creation of offences relating thereto and the punishment therefor, and, all other matters necessary or incidental thereto."
C:120 "The Supreme Court shall have sole and exclusive jurisdiction to determine any question as to whether any Bill or any provision thereof is inconsistent with the Constitution: Provided that- (a) in the case of a Bill described in its long title as being for the amendment of any provision of the Constitution, or for the repeal and replacement of the Constitution, the only question which the Supreme Court may determine is whether such Bill requires approval by the People at a Referendum by virtue of the provisions of Article 83; (b) where the Cabinet of Ministers certifies that a Bill which is described in its long title as being for the amendment of any provisions of the Constitution, or for the repeal and replacement of the Constitution, intended to be passed with the special majority required by Article 83 and submitted to the People by Referendum, the Supreme Court shall have and exercise no jurisdiction in respect of such Bill ; (c) where the Cabinet of Ministers certifies that any provision of any Bill which is not described in its long title as being for the amendment of any provision of the Constitution, or for the repeal and replacement of the Constitution is intended to be passed with the special majority required by Article 84, the only question which the Supreme Court may determine is whether such Bill requires approval by the People at a Referendum by virtue of the provisions of Article 83 or whether such Bill is required to comply with paragraphs (1) and (2) Of Article 82; or (d) where the Cabinet of Ministers certifies that any provision of any Bill which is not described in its long title as being for the amendment of any provision of the Constitution or for the repeal and replacement of the Constitution is intended to be passed with the special majority required by Article 84, the only question which the Supreme Court may determine is whether any other provision of such Bill requires to be passed with the special majority required by Article 84 or whether any provision of such Bill requires the approval by the People at a Referendum by virtue of the provisions of Article 83 or whether such Bill is required to comply with the provisions of paragraphs (1) and (2) of Article 82."
C:123 "(2) Where the Supreme Court determined that the Bill or any provision thereof is inconsistent with the Constitution, it shall also state- [...] (c) whether such Bill or any provision thereof requires to be passed by the special majority required under the provisions of paragraph (2) of Article 84 and approved by the People at a Referendum by virtue of the provisions of Article 83," C:130 "The Supreme Court shall have the power to hear and determine and make such orders as provided for by law on – (a) any legal proceeding relating to 39[election of the President or the validity of a referendum]. (b) any appeal from an order or judgment of the Court of Appeal in an election petition case : Provided that the hearing and determination of a proceeding relating to the 40[ election of the President or the validity of a referendum shall be] by at least five Judges of the Supreme Court of whom, unless he otherwise directs, the Chief Justice shall be one." Source:
Constitution, Art. 83, 85, 86: http://www.parliament.lk/constitution/constitution.jsp (2012);
The Referendum Act of 1981: http://www.commonlii.org/lk/legis/num_act/ra7o1981166/index.html (2012)
There are two types of referendums in Sweden; advisory referendums and referendums in a constitutional matter. Sweden has so far only held advisory referendums (six of them, the latest in 2003). Source:
The Instrument of the Government Ch. 8, Section 4, 15, 16: 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)
C:Ch2:Part1:55 "The law provides for elections and plebiscites. It defines the conditions to be met by members of the People's Assembly."
C:Ch2:Part2:Sec1:84 "Upon the proposal of the Arab Socialist Baath Party regional command, the Assembly issues the order for election of the President: 1) the candidacy is proposed to the citizens for referendum; 2) the referendum takes place upon the request of the President of the Assembly; 3) the new president is elected before termination of the term of the present President, within a period of not less than 30 days and not more than 60 days; 4) the candidate becomes President of the Republic if he obtains an absolute majority of the total votes. If he fails to obtain this majority, the Assembly names another candidate. The same procedures are followed concerning the election, provided this takes place within 1 month from the time the results of the first plebiscite were announced."
C:Ch2:Part2:Sec1:88 "The first Vice President of the Republic or the Vice President named by the President, carries out the President's duties if the President fails to do so. If the incapacity is permanent or in case of death or resignation, a referendum takes place to elect a new President in accordance with the provisions of Article 84, within a period not exceeding 90 days. If the Assembly is dissolved or if its term is due to expire in less than 90 days, the first Vice President carries out the President's duties until the new Assembly convenes."
C:Ch2:Part2:Sec1:89 "If the post of President becomes vacant and there is no Vice President, the Prime Minister exercises all the President's powers and jurisdictions until a new President is elected by means of referendum within 90 days."
C:Ch3:Part2:146 "The Supreme Constitutional Court has no right to look into laws which the President of the Republic submits to public referendum and are approved by the people." Source:
The 1973 Constitution of the Syrian Arab Republic, art. 55, 84, 88, 89 and 146
Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
C:Ch10:98 "Amendments and additions to the Constitution are introduced through general referenda. A referendum is held if two-thirds of the people's deputies vote for it to be held. The procedures for holding a referendum are determined by constitutional law."
C:Ch10:99 "Proposals to amend or add to the Constitution are introduced by the President or on the petition of no less than one third of the people's deputies of Tajikistan. Proposals to amend or add to the Constitution are published in the press three months before the referendum." Source:
Constitution of the Republic of Tajikistan, art. 98.
Constitutional Law of the Republic of Tajikistan on Referendum in the Republic of Tajikistan.
C:ChII:17 "The people shall have the rights of election, recall, initiative, and referendum."
C:ChXI:123 "The people of the County shall, in accordance with law, exercise the rights of initiative and referendum in matters relating to county self-government and shall, in accordance with law, exercise the rights of election and recall of the Magistrate and other county self-government officials."
C:ChXII:133 "A person duly elected may be recalled by his constituency in accordance with law."
C:ChXII:136 "The exercise of the rights of initiative and referendum shall be prescribed by law."
C:ChXIV:174 "The Constitution shall be amended in accordance with either one of the following procedures: 1. The Constitution may be amended upon the proposal of one fifth of the total number of Delegates to the National Assembly and by a resolution of three fourths of the Delegates present at a meeting with a quorum of two thirds of all Delegates to the National Assembly. 2. An amendment to the Constitution may be drawn up by the Legislative Yuan and submitted by it to the National Assembly for concurrence through referendum upon the proposal of one fourth of the Members of the Legislative Yuan and by a resolution of three fourths of the Members present at a meeting with a quorum of three fourths of all Members of the Yuan. Such a proposed amendment to the Constitution shall be publicly announced half a year before the National Assembly meets."
Because of the coup d'etat in Thailand the previous constitution is not in effect. An interim constitution has taken its place. The interim constitution states that there shall be a referendum on the draft of a forthcoming constitution that is to replace the old constitution. Source:
Constitution of the Kingdom of Thailand, art. 50, 166, 224:
https://www.constituteproject.org/constitution/Thailand_2017
C:66 "1. Voters who are registered in the national territory may be called upon to express their opinions in a referendum on issues of relevant national interest. 2. A referendum shall be called by the President of the Republic, following a proposal by one third, and deliberation approved by a two thirds majority, of the Members of the National Parliament, or following a well-founded proposal by the Government. 3. Matters falling under the exclusive competence of the Parliament, the Government and the Courts as defined by the Constitution shall not be the subject of a referendum. 4. A referendum shall only be binding where the number of voters is higher than half of the registered electors. 5. The process of a referendum shall be defined by law."
C:85 "It is exclusively incumbent upon the President of the Republic: [...] f) To submit relevant issues of national interest to a referendum as laid down in Section 66;"
C:95 "2. It is exclusively incumbent upon the National Parliament to make laws on: [...] h) The electoral law and the referendum system; [...] 3. It is also incumbent upon the National Parliament: [...] k) To propose to the President of the Republic the submission to referendum of issues of national interest."
C:115 "2. It is also incumbent upon the Government in relation with other organs: [...] d) To propose to the President of the Republic the submission to referendum of relevant issues of national interest;"
C:156 "1. Laws revising the Constitution shall respect: a) National independence and the unity of the State; b) The rights, freedoms and guarantees of citizens; c) The republican form of government; d) The separation of powers; e) The independence of the courts; f) The multi-party system and the right of democratic opposition; g) The free, universal, direct, secret and regular suffrage of the office holders of the organs of sovereignty, as well as the system of proportional representation; h) The principle of administrative deconcentration and decentralisation; i) The National Flag; j) The date of proclamation of national independence. 2. Paragraphs c) and i) may be reviewed through a national referendum, in accordance with the law." Source:
Constitution of the Democratic Republic of Timor-Leste, articles 66, 85 (f), 95 (3-k), 115 (2-d), 156 (2): https://timor-leste.gov.tl/wp-content/uploads/2010/03/Constitution_RDTL_ENG.pdf
Le vote de destitution est évoqué dans le règlement intérieur de l'assemblée nationale. Source:
Constitution, art. 4, 144: http://www.unhcr.org/refworld/country,LEGAL,,LEGISLATION,TGO,456d621e2,48ef43c72,0.html (2013)
Source:
Constitution: “Constitution of the Republic of Trinidad and Tobago”: http://aceproject.org/ero-en/regions/americas/TT/trinidad-and-tobago-constitution-2016/ ;
Electoral Law: “Representation of the People Act”: http://aceproject.org/ero-en/regions/americas/TT/trinidad-and-tobago-rop-2016/
Source:
The Constitution of 26 January 2014, art. 3, 50, 82, 144: http://aceproject.org/ero-en/regions/africa/TN/tunisia-constitution-of-26-january-2014/view (2014);
Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
e) Furthermore, the entire Parliament may be dissolved.
C:SecIII:Ch4:64 "Parliament may be prematurely dissolved: by decision of a referendum [...]"
C:SecIII:Ch4:67 "Within the jurisdiction of Parliament are: [...] 3) forming a Central Election and Referendum Commission;"
C:SecV:94 "To decide the most important questions of governmental and social life, general and local referenda may be conducted. An act adopted by decision of a referendum may only be repealed by decision of a general referendum."
C:SecV:95 "The right to schedule a general referendum belongs to the People's Council on the petition of not less than one quarter of its members or on the petition of not less than 250 thousand citizens who have the right to vote."
C:SecV:96 "The right to schedule a local referendum belongs to a local meeting at its discretion or upon the petition of not less than one quarter of the voters living in the area in question."
C:SecV:97 "Voting in referenda is universal, equal, direct, and secret. Citizens of Turkmenistan who have the right to vote may participate in referenda."
C:SecV:98 "The method of conducting elections and general and local referenda is determined by law. Elections and referenda are not conducted during a period of state of emergency." Source:
Constitution of Turkmenistan (2008), art. 94, 95, 97, 98, 117, 57 (2), 61 (1), 63 (5): http://www.legislationline.org/documents/section/constitutions/country/51 (2013);
Law on Referendum of Turkmenistan (1993)
Only in case of constitutional amendments is a referendum possible, if the President deems necessary to submit the amendment to constitutional referendum. In some cases this is obligatory. Source:
Constitution of the Republic of Turkey, art. 175: https://global.tbmm.gov.tr/docs/constitution_en.pdf
Source:
Constitution: Constitución de la República de Uruguay, art. 79 (2), 304, 305, 331, https://aceproject.org/ero-en/regions/americas/UY/uruguay-constitucion-de-la-republica-2004-vigente/view (2004).
Source:
Constitution: “Constitución Política de la República del Ecuador”, art. 106, 420, 441, 442: https://aceproject.org/ero-en/regions/americas/EC/ecuador-constitucion-2020/ ; Direct Democracy Law: “Ley Orgánica de Participación Ciudadana”, art. 5: https://aceproject.org/ero-en/regions/americas/EC/ecuador-ley-participacion-ciudadana-2011/
f) There are however direct democracy instrument in some states, but these vary and are regulated at state level. The constitutions of 24 states, the District of Columbia and many local and city governments provide for referendums and citizens' initiative. 18 states allow recall of state officials, but only two Governors have ever been successfully recalled (1921 in North Dakota and 2003 in California). Source:
https://www.ncsl.org/elections-and-campaigns/initiative-and-referendum-processes
Source:
Constitution: “The Constitution of the Turks and Caicos Islands”: http://aceproject.org/ero-en/regions/americas/TC/turks-and-caicos-constitution-2014/ ;
Final Report of the Electoral Observation Mission conducted by the British Islands and Mediterranean Region (BIMR) of the Commonwealth Parliamentary Association (CPA UK) between 8th and 18th December 2016: http://aceproject.org/ero-en/regions/americas/TC/turks-and-caicos-cpa-uk-bimr-eom-final-report-2016/
