Karteikarten
Referendums
Karten in diesem Stapel (21)
- 1What is the difference between direct & representative democracy?Direct democracy refers to letting citizens vote directly on issues (Athenian democracy). Representative democracy
refers to when voters select representatives (MPs) who usually belong to parties, to decide on issues in a legislature (normal in modern democratic states). - 2Are referendums purely direct democracy?Not always because issues are normally chosen by the government.
- 3What does Lijphart mean by constitutional rigidity & flexibility?Maximum flexibility - simple-majority vote in unicameral or weakly bicameral legislature (UK). Major rigidity - 2/3 majorities in both legislative chambers & 3/4 of state legislatures (US). In-between - 2/3 majority in unicameral or weakly bicameral legislature.
- 4Do referendums encourage rigidity or flexibility?Referendums may require a turnout threshold or a supermajority. Referendums may require legislative approval so there needs to be a big consensus.
- 5Is the referendum a majoritarian device?They are decided by a majority, they might need a super-majority or have thresholds/turnout requirements.
- 6How can referendums act as extra check on the executive?Referendums are often in addition to legislative approval, not in place of it.
Referendum are seen as ‘the people’s veto’. Referendums can act as a conservative brake on change. - 7How can referendums act as a means of elite control?Elites can use referendums strategically to: limit or deter change, gain legitimacy for their decisions & resolve their internal differences by ‘letting the people decide’.
- 8What are some motives for elites to hold referendums?Avoidance - to prevent party/coalition splits or avoid the issue arising in an election campaign. Addition - the decision is already taken by the legislature so a referendum is used to legitimise it or empower the politician who called it. Contradiction - called by minority to fight the decision already taken by the legislature to promote the cause or protect the status quo with new veto player.
- 9What have all national & regional UK referendums been on?Constitutional or territorial issues. European Union Act 2011 required future transfers of sovereignty to go to a referendum & it imposed a degree of constitutional rigidity. But not all UK constitutional issues go to referendum - joining EEC (1973), Human Rights Act (1998), House of Lords reform (1999), European parliamentary electoral system (1999).
- 10What have been the 3 UK-wide referendums & what did they intend to resolve?They have all been on constitutional issues - EEC/Common Market in 1975 (after joining EEC), AV (voting system) in 2011, EU membership in 2016. To solve the government's internal divisions. Labour (1974-79) divided on EEC & also legitimacy,
Conservatives & Lib Dems (2010) were split on voting reform so AV referendum was a compromise. Conservatives (2010-16) divided on EU. - 11What are mandatory referendums?Some UK Acts of Parliament require referendums before certain decisions are taken - Northern Ireland Act 1998 (before N. Ireland leaves the UK), Government of Wales Act 2006 (before extending law-making powers of Welsh assembly & activated in 2011 Welsh referendum), European Union Act 2011
(before future transfers of sovereignty to EU institutions). But under parliamentary sovereignty, any of these Acts could be repealed by UK parliament. - 12What UK referendums were promised by the New Labour government?Before any change to electoral system (they proposed Jenkins reforms 1998 but it was never put to a referendum or implemented). Before joining European single currency (but never joined & Conservatives ruled out joining). Before agreeing to European Constitution (but no referendum before Lisbon Treaty 2007).
- 13How does parliamentary sovereignty link to popular sovereignty?Parliamentary sovereignty - no person or body is recognised by the law as having a right to override or set aside the legislation of Parliament. But questions arise over whether that includes the people. Parliament is not legally bound by a referendum result because they are considered advisory but they are perhaps
morally & politically bound. - 14Is there a convention that referendums are binding in the UK?Yes, Bogdanor - 1975 referendum created a new method of validating laws which was quickly followed by devolution referendums. The UK governments EU referendum leaflet (2016) stated 'this is your decision. The Government will implement what you decide.'.
- 15What happened after the EU referendum?There were calls for second referendum on the same question due to accusations of campaign ‘lies’ & ’fraud’ & the margin of victory was considered as too small. There have been some calls for parliament to ignore the referendum
& calls for a second referendum on the government's Brexit negotiations but what if the package were rejected? - 16What are the arguments in favour of referendums?Legitimise transfer of law-making powers (Locke - the Legislative cannot transfer the power of making laws to any other hands. For it being but a delegated power from the People, they who have it cannot pass it to others). To resolve territorial/identity issues. To enable the political class to resolve its divisions.
- 17What are the arguments against referendums?Uncertainty over the criteria governing when they should be used. Citizens don’t understand complicated constitutional questions. Citizens might vote on ‘inappropriate’ basis. There's possible low turnout reducing legitimacy. They can be exploited by demagogues, press barons, etc. Plus, dangers in multi-national states.
- 18'Let the people decide', but which people?The UK is a multi-national state so the 4 nations could vote in different ways.
For example, in the EU referendum 2016, Scotland & Northern Ireland voted to remain but England & Wales voted to leave. - 19What is the constitutional role of referendums?Flexible constitution – easy to change & risk that strong Govts will exploit it.
Referendums are a check on UK Govts
(Govt must first convince majority of voters of its case for change - single currency, it can also be a constraint on devolved Govts that want to secede from UK – convince majority first). - 20What is the constitutional role of referendums?Conventions on UK referendums still evolving (expectations about circumstances in which they’re held, morally binding on Govt but conventions are always subject to contestation & change so questions regarding how they are enforced).
- 21What is the conclusion?Referendums & Westminster model. Referendums are normally a tool of elites. But anti-elite sentiment presents a risk (once elites let the voters decide, they no longer have complete control over the outcome). Questions over whether the referendum result should always be respected when parliament is sovereign.
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- The New British Politics Yr 2 Karteikarten am Referendums, erstellt von Miss Rogers am 01/11/2018.
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