1a kno how on direct democracy & referendum

Direct democracy and representative democracy

Direct democracy occurs “where the will of the people is translated into public policy directly by the people”

Today, direct democracy is rare. One of the few examples of direct democracy is a referendum

Purest form of democracy, but impractical

Direct democracy is government “by the people”

Advantages and disadvantages of direct democracy

Advantages Purest form of democracy.

Committed democrats are very much in favour of “government by the people”

The will of the people is directly translated into policy

Avoids all the problems associated with representative democracy (i.e. when representatives become out of touch)

Disadvantages Impractical as it would be

time-consuming and very costly to consult the public on a regular basis

The people might place short-term interest over what is good in the long-run

The majority could use a referendum to discriminate against minorities

Elected representatives may know more about an issue than the general public

What is a referendum?A form of direct democracyA vote by the whole electorate on a specific policy

proposal such as the devolution of power to the Scottish Parliament

Referendums allows the people to register their views on an important constitutional issues

From 1979 to 1997, the then Conservative government never held a referendum. Since 1997, referendums have become increasingly common

The 1st referendum held in the UK was in 1973The only nation-wide referendum held in the UK

was in 1975 over the issue of membership to the EC

Referendums in the UK 1973 – Held in Northern Ireland over the creation of a

power-sharing assembly. The referendum was boycotted by Catholics

Referendums in the UK cont.

How do referendums work?The question is set by the

GovernmentParliament calls a referendumThe Government does not always

get its own way (e.g. devolved assemblies to the English regions were defeated in 2004)

Government’s tend to implement the result. However in practise, it can ignore the result, as the Danish government did when the people rejected the Maastricht Treaty

Rather than strengthening democracy, opponents of referendums argue that they merely reinforce the power of the executive

Why would the Government hold a referendum?Although it sounds cynical, the government tends to hold

a referendum when it has a good chance of winningDue to pressure from various groups (e.g. demands for

some form of Scottish autonomy from Westminster)Manifesto commitmentBecause major constitutional issues require the public to

register their support. This makes the decision appear more legitimate

To resolve a difficult issueTo facilitate greater democracyTo stay in touch with public opinionAs a means by which to side-step divisions within their

own party, as with the EC referendum held in 1975

What is the difference between a referendum, and an election?

ReferendumAn illustration of

direct democracyCalled by Parliament

at irregular intervalsThe choice is either

yes, or noThe Government does

not, in practise, have to honour the result.

ElectionAn illustration of

representative democracy

Many different types of election called at regular intervals

Choice between several candidates representing various political parties

Are referendums democratic?YES

A form of direct democracy, which is the purest form of democracy

The public can translate their will directly into public policy

Can stimulate interest and participation in political matters

NO Referendums undermine

the role of elected representatives

Referendums challenge the primacy of Parliamentary sovereignty

Referendums have been associated with extremist regimes. The German constitution actually forbids the use of referendums due to their association with the Nazi party

What are the arguments in favour of referendums?

As a form of direct democracy, referendums are more democratic than holding elections increasing legitimacy over major issues by encouraging political participation, stimulating public interest and making consent clear.

Referendums offer a precise answer to a precise question, eg Scottish independence

Referendums do not undermine parliamentary sovereignty as the government is, in theory, not bound by the result

On important issues, and especially constitutional issues, surely it is right for the public to be consulted?

Prevents elected representatives becoming out of touch with the electorate

What are the arguments in favour of referendums?

Can break a ‘logjam’ over frozen issues within parties, eg EU membership

What are the arguments against referendums?Some (complex) issues are best left to elected

representatives, rather than the public. The biggest issues in public life are often too complex to be reduced to Yes/No. Debate is dominated by those with the most emotive slogans. How can the public decide rationally on a single European currency if the most highly-qualified experts cannot agree? Eg abortion.

Referendums are little more than a photograph of public opinion on a given day, which binds all future generations to that result (unless parliament calls another referendum)

The result can be determined by an apathetic public, as in the case of Welsh devolution where barely a quarter of the electorate voted in favour of devolution

Governments can, at least in theory, ignore the result; although this would be politically difficult to achieve.

What are the arguments against referendums?

Referendums are associated with extremist regimesCan be used to discriminate against minorities. For

example women gained the vote in Switzerland as recently as 1971 because until then, only men could vote in a referendum

The media can hold excessive influence over the result of a referendum.

During a referendum campaign, wealthy groups have an unfair advantage. This was the case in the 1975 referendum on the issue of EC membership

Rather than being a means of enhancing democracy, it might simply be a way for governments to deal with issues that divide their party

What are the arguments against referendums?

Undermines Parliamentary sovereignty – the core concept of the UK’s constitution. Scottish or Welsh devolution could not be reversed by a single vote of the Commons. It would require at least another referendum. So the sovereignty of parliament has been limited, if not reversed.

As the government sets the question (The way the question is phrased can greatly affect the result, thus rendering the whole process meaningless), referendums ultimately enhance the power of the executive Governments usually choose when and if there is to be a referendum, thus making it very much an instrument of state power not one of voter-power (except in states where the “initiative” policy is in place).

However, the arrival of the independent Electoral Commission has changed the ground rules here. The EC will have a legal responsibility to approve whatever question is finally put in front of the public. It will ensure it is balanced and fair.]