Facts and Arguments about the Introduction of Initiative and ...

it received 90 petitions. There is a clear public demand for
more direct participation (cf. the separate chapter on direct
democracy in the U.K.).
Examples
In 1973, there was a plebiscite on Northern Ireland. 98.9%
of the voters were in favour of retaining the union with
the United Kingdom (a boycott by the Catholics produced
a low turnout of 58.1%). In 1975, joining the European
Community was approved by a majority of 67.2%. In 1979
and 1997, plebiscites were held on Scottish and Welsh
devolution. The 1997 plebiscites approved a separate parliament
for Scotland and an assembly for Wales. Northern
Ireland was granted its own assembly in 1998 as part of
the plebiscite on the ‘Good Friday’ agreement. There have
been 33 local referendums on directly-elected mayors and
in 2005 there was a local plebiscite in Edinburgh on introducing
a congestion charge (74% ‘No’). Prime Minister
Tony Blair has promised that the European Constitution
and the euro would only be adopted if approved by referendum
(plebiscite).
Hungary
The Hungarian constitution provides for the optional referendum
and the popular initiative. However, there is a
long list of exceptions: the budget, national and nationally
established local taxes, public rates, international treaties,
dissolving the parliament and local authorities, the coalition
agreement, declaring war or a state of emergency,
deploying the army abroad and within (!) the country, and
granting amnesty. Furthermore, the popular initiative
cannot be used to change the direct-democratic instruments
(a subtle means of the elite having the last word
on the democratic system). Referendums are sometimes
binding, sometimes ‘consultative’ (non-binding). In 1997,
the participation quorum was reduced from 50% to 25%
of the voters. Without this change, the referendums on
NATO membership (1997) and accession to the European
Union (2003) would both have failed because of too low
a turnout. Since 1989, nine national referendums have
been held. At the local level, the referendum is compulsory
in a number of cases and, in other cases, citizens can
request a referendum with signatures of between 10% and
25% of the voters (a planetary record!). Here too, several
important subjects are excluded. Local referendums are
binding.
Examples
In 2004, 51.6% of the voters approved the introduction of
dual nationality for certain groups of people. On the same
day, a second referendum was held in which 65.0% voted
for the reversal of the privatisation of hospitals and care facilities
that had already begun. In 2003, 83.8% approved
accession to the European Union.
Ireland
Together with Denmark, Ireland provides a typical example
of compulsory referendums in Europe. Since 1937, every
amendment to the constitution has been compulsorily put
to the people. A simple majority of the votes decides, with
no participation quorum. 28 national referendums were
held between 1937 and 2002. Furthermore, the president
can hold a plebiscite if he rejects a law that has been passed
by the parliament. However, the procedure is complex and
has never been used yet. As in the majority of European
countries, Irish voters cannot initiate referendums.
Examples
Joining the European Community was approved by 83.1%
of the votes in a referendum in 1972. Twenty years later, the
Maastricht Treaty was also approved by referendum with a
majority vote of 69.1%. Three referendums took place in
1992 on abortion legislation. Through these referendums,
the right to travel abroad with the aim of having an abortion
was agreed, as well as the right to distribute information
about opportunities for abortion. The legalisation of divorce
was approved by referendum with a narrow majority
of 50.3% in 1995. In 2001, the Treaty of Nice was rejected,
with only 46.1% of the votes in favour. When the other EU
countries then put Ireland under pressure, Ireland obtained
certain opt-outs and the same treaty was then accepted by
62.9% of the voters in 2002.
Italy
Since 1970, Italy has had the binding corrective referendum
and this is used extensively. After Switzerland and
Liechtenstein, Italy has the most extensive experience with
direct democracy within Europe. The corrective referendum
allows citizens to put a law approved by parliament,
or a part of such a law, to a popular vote. The signature
threshold is relatively low at 500,000 (1% of the people entitled
to vote) and the signatures can be collected on the
street. In addition, five regional parliaments can together
force a popular vote. The major problem with the Italian
referendum is the high authorisation quorum: a law is only
rejected if a majority votes against it and, at the same time,
this majority represents at least 50 per cent of all those entitled
to vote. Because of this rule, no less than 20 of the 42
national referendums which took place from 1990 to the
end of 2003 were declared invalid. Furthermore, a number
of important subjects are excluded, such as taxes, the budget
and international treaties. The Constitutional Court has
considerable freedom to interpret the vaguely formulated
provisions for exceptions. This results in a large number
of blocked referendum initiatives. It is primarily the more
important initiatives which fail; on less important or more
technical subjects, the Constitutional Court is much more
likely to allow a popular vote. The absence of a real popular
initiative represents a severe restriction on the people’s
sovereignty. One peculiarity in Italy is the differing voting
behaviour between the North and the South. In the South,
turnout is on average 20% lower than in the North. In the
referendum on the abolition of the monarchy in 1946, the
northern vote was predominantly republican, the southern
one predominantly monarchist.
Examples
Laws approved by parliament, which made divorce impossible
and performing an abortion more difficult, were rejected
by the Italian voters. The 1974 referendum on divorce
(40.7% wanted to ban divorce) and the 1981 referendum on
abortion (32% of the voters supported tightening up abortion
legislation) are examples of corrective referendums on
ethical issues. In 1995, an initiative aimed at weakening
Berlusconi’s control of the media failed. Only 43.0% of the
voters supported the proposal to limit private media company
ownership to a single TV channel.