What type of majority is best suited to approve constitutional referendums? —
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What type of majority is best suited to approve constitutional referendums?

Simple majority, meaning a vote of 50% +1; double majority – in which a majority according to more than one criterion is required (better protecting minority groups from being marginalized) or super majority, where the proposition passes if a predetermined number well above 50%.

Referendums are polls that give citizens the opportunity to directly accept or reject specific legislative issues proposed by government via a general vote. In many countries, referendums are mandatory in a range of explicitly predetermined circumstances. This is most often the case when the particular policy proposals being considered are of major national significance – in the event of constitutional amendments, for instance, many countries require that a referendum be held to poll the general population.

Given the range and importance of polls of this nature, a number of points of debate arise regarding the political, administrative and logistical structure of constitutional referendums. A critical issue among these relates to the type of majority thought appropriate to decide the outcome of the vote. Some experts argue that the standard simple majority, meaning a vote of 50% +1, helps give both the government and the greater part of the population the most flexibility to institute needed social and political change. Others argue that a simple majority does not sufficiently mandate the government to amend the constitution, as the latter is typically thought of as a foundational legal document that should be rather difficult to change relative to other types of legislation. Some experts claim that double majorities – in which a majority according to more than one criterion is required – better protect minority groups from being marginalized by the majority. Switzerland, for example, requires that a majority of its voters as well as a majority of its cantons vote in favor of the referendum if a constitutional amendment is to pass. Others argue that a supermajority, where the proposition passes if a predetermined number well above 50% vote in favor of the proposed change, gives sufficient mandate to the government to amend the constitution without adding the constraints usually associated with double majorities.

 

When using referendums to approve or reject suggested changes to a constitution, what kind of majority do you think is most suitable as a threshold for approval?

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