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Referendums and how they are used (Case against referendums (Referendums…
Referendums and how they are used
What is a referendum
A vote on a particular issue usually requring a yes/no response. Example of direct democracy witin representative system. No constitutional mechanism requiring PM to hold one - called at discretion of govt. Result = no legal force and has no be approved my parliament which = legal sovereignty. Unlikely that reps would ignore will of people
Refs = unknown in UK until 1973 when voters in NI were asked whether they wanted to stay in the UK. First national referendum = June 1975 Lab PM Wilson gave electorate vote on wanting to stay in European Economic Community. Since election of New Lab govt in 1997 = more common. Now expectation that referendum will be called when important, poss irreversible, constitutional change is contemplated.
Major developmets such as devolution for Scotland, Wales and Northern Ireland have been given public approval this way. Possibly most far reaching change to UK constitution - decision to leave EU = would not have occured had it been left to parl. Vote for Brexit June 2016 led directly to change of PM and confronted May's govt with hugely complex challenge - to negotiate terms of Britain's departure.
Since 2000 conduct of referendums has been regulated by Electoral Commission. This independent body = responsible for checking wording of referendum question as proposed by govt to ensure that it is as objective as possible. 2016 EU ref gov had originally proposed to ask 'Should the United Kingdom remain a member of the EU?' - Commission viewed it to be insufficent + insisted that balllot should have two options - leave or remain. Commission also monitors expenditure of rival campaigning groups + designates one approved lead campaign organisation on each side. In EU ref official groups were Vote Leave and Britain Stronger in Europe - designation entitled them to receive a pre determined amount of public funding
Case against referendums
Referendums are a challenge to parliamentary sovereignty. Voters elect rep to take decisions on their behalf and this was the accepted way of doing so until 1970s. Ordinary people lack expertise to make decision on complex issues e.g. Britain should join the Euro - a subject that the New Lab govt declared that it would put to pop vote if ever recommended joining
If the arguments are not explained clearly to public, pop participation may be low. Factor in low turnout of 2011 ref on electoral reform. After 2016 EU vote, Electoral Commission reported that the arguments used by leaders of both campaigns included a degree of distortion + that there should be greater regulation of referendum campaigns to ensure that people receive a fair presentation of the arguments
Govts choose whether or not to call referendums - Blair + Brown denied electorate a say on Lisbon Treaty of 2007, which extended process of European integration on grounds that prev govts had not held votes on treaties. This caused outrage among opposition who maintained that voters had been denied chance to vote on agreement that transferred signif authority to EU. In addition govts sometimes hold refs for own political purposes eg to defuse opposition - case for futher regulation on circumstances when refs can be triggered
Low turnout has been the norm, with outstanding exceptions such as Scottish Independence ref 2014. Limits the legitimacy of decison. Turnout of 1997 Welsh devolution vote = barely aboove 50% which cast shadow over new Assembly for some time.
The outcomes of referendums can be influenced by factors that have nothing to do with the subject being put before the electorate. They can be a way of registering a protest against the govt of the day eg defeat of Alternative Vote proposal 2011 ref was affected by unpopularity of Lib Dems
In what circumstances is a referendum held?
Legitimising a major govt initiative - since advent of Blair govt it has become accepted practice to secure a demonstration of public support before embarking on important poss irreversible constitutional changes. The 1997 referendums on devolution for Scotland and Wales and in Northern Ireland in 1998 Good Friday Agreement are examples.
Getting a govt out of difficult decision - refs have sometimes been used when a govt faces serious internal disagreement. By handing decison to people and instisting colleagues then rally behind pop decision, govt can maintain its unity. Wilson held ref in 1975 because his party was split between pro and anti European factions. If he had tried to insist on govt taking particluar position he would have faced damaging resignations from ministers on the other side
A result of a deal between political parties - David Cameron agreed to hold a vote on changing the electoral system for Westminister because this was a demand of the Liberal Democrats as part of coalition agreemnet establishing the govt May 2010
In response to pressure to hold a referendum - Cameron initially did not want to hold an in/out EU ref. He joined forces with Lib Dems + Labour in October 2011 to defeat Conserv backbenchers who were pressing for referendum. He changed his mind Jan 2013 as demand refused to go away + he began to fear the possible loss of Conserv voters to UKIP if he did not concede. By announcing he would hold ref if re-elected 2015 he took issue off the agenda at ensuing GE. After GE he had to make good of promise resulting in defeat of the 'Remain' side that he had championed and bringing about his resignation at PM
Since Sept 1997, there have been 10 referendums held in the UK and its regions.
Case for referendums
Refs involve people directly in decison making on important issues. In demcracy the electorate has the right to be consulted. Trust in politicians = low + many questions oo important to be left to them. In GE people are expressing a view on great many of policy matters. Virtue of ref = enables a single issue to be isolated so that unambiguous popular verdict can be given. Some issues such as the UK's membership in EU cut across party lines with pro and anti EU politicians in both major political parties - so real choice cannot be given at GE
Referendums = check on what Conserv politician Lord Hailsham called the UK's elective dictatorship- - idea that exec dominance of House of Lords gives it undue power over which usually the electorate has control only every 5 years. The holding of refs between general elections gives people the opportunity to have their say more frequently + prevents govts from becoming remote and unaccountable. They prevent a govt, poss one with small maj, from rushing through a change without consulting people
By demonstrating clear public support for a change, refs settle arguments and entrench refroms. Not to say that such a change could never be reversed by future parl but to do so would entail another major public debate. Demonstration for support for Scottish parl and NI peace process has helped bring stability to the new institutions created in these parts of the UK
Referendums raise voters' political awareness - Scottish ref 2014 has been praised for giving opportunity to wide range of issues related to independence - included likely impact of independence on economy, the future of nuclear deterrent on the River Clyde and Scotland's relationship with EU. All of these topics were throughoughly debated during campaign
Conduct of referendums has been subject to independent supervision by Electoral Commission since 2000. This reduces the chances that result will be skewed from unfair influence because expediture of competing sides is limited and the wording of ref question is subject to review by an independent body