Referendums: Letting the People Decide

Types of Referendums

Not all referendums are created equal. The most fundamental distinction is between binding and advisory (consultative) referendums. A binding referendum has the force of law — the government must implement the result. An advisory referendum expresses the will of the people but does not legally compel action. The Brexit referendum was technically advisory, but the political pressure to implement the result proved irresistible.

Referendums also differ in who initiates them. Government-initiated referendums are called by the ruling party, which controls the timing and wording of the question — a significant advantage. Constitutionally required referendums are triggered automatically by certain actions, such as constitutional amendments in Australia or Ireland. Citizen-initiated referendums, as in Switzerland, are triggered when enough signatures are collected. The initiator matters because it determines who controls the agenda.

Worked Example: Ireland's Constitutional Referendums

Ireland offers a model of how referendums can be run well. Because the Irish constitution can only be amended by popular vote, Ireland has held dozens of referendums — and two in particular show the mechanism at its best. In May 2015, Irish voters approved same-sex marriage by 62% to 38%, making Ireland the first country to legalize it by popular vote. In May 2018, voters repealed the Eighth Amendment's near-total abortion ban by 66% to 34%, clearing the way for parliament to legislate.

What made these votes work was preparation. Both followed a Citizens' Assembly — a randomly selected group of about 99 citizens who heard expert evidence and deliberated for months before recommending that the questions go to a referendum. Voters thus arrived at a decision that had already been informed by structured public deliberation, not just a campaign shouting match.

Countries also differ in the safeguards they attach to referendums, as the table shows:

These thresholds reflect a shared worry: that a slim, one-off majority should not be able to make sweeping, hard-to-reverse changes.

The Case For and Against

Proponents argue that referendums give citizens a direct voice on issues that affect their lives, resolve questions that divide legislatures, and increase democratic legitimacy. When Ireland voted to legalize same-sex marriage by referendum in 2015, the result carried a moral authority that a parliamentary vote could not have matched. Referendums can also break political deadlock — Italian referendums on divorce (1974) and abortion (1981) settled divisive questions that parliament could not.

Critics argue that referendums reduce complex policy questions to simplistic yes/no binaries, are vulnerable to misinformation campaigns, can be used by governments to abdicate responsibility for difficult decisions, and can produce outcomes that violate minority rights. The political philosopher A.V. Dicey warned that referendums are 'the people's veto' — powerful as a conservative force resisting change, but poor at producing constructive new policy.