Monday 25 July 2016

The Referendum and Contemporary European Politics

The Referendum and Contemporary European Politics

                                    Barry Gilheany  ©

 This paper compares the use of referendums in contemporary European politics.  It asks do referendums diminish the quality of democracy in European societies or do they encourage greater participation and better deliberation in the political process?  Arguments in democratic theory for and against referendums will be investigated and typologies of referendums reviewed.  It takes as case studies, what I consider one good and one bad example of the use of referendum: the 1983 anti-abortion referendum in the Republic of Ireland (to be referred throughout as “Ireland”) as a “bad” example and the “good” example of the referendums in Switzerland.  It further examines the referendums on European integration that took place in 2005 in France and the Netherlands.  It concludes by discussing voter competency in referendums.

In a referendum the people decide directly on some issue, rather than electing representatives to make decisions on their behalf (Gallagher et al, 2013). Between 1945 and 2010, over 660 referendums took place in the 30 countries in Europe surveyed by Gallagher et al with one country – Switzerland – accounting for two-thirds of them.  .  The use of referendums increased steadily in the second half of the 20th century (Gallagher et al, 2013) due partly to the expansion of the European Union and its integration imperatives and the increased salience of post-materialist issues such as environmentalism (Bjorklund, 2009).

The concept of referendum refers to a wide range of institutions that generate a variety of political interactions.  Within the political system, it is useful to make the distinction between decision-controlling and decision-promoting referendums.  In decision-promoting referendums, the initiative to hold a referendum is made by the political actor who has formulated the policy proposal to be voted upon.  These can either be parliamentary majorities or popular or citizen-initiated referendum procedures.  Popular initiatives, most hosted in Switzerland, can be interpreted as decision-promoting since the organisation or popular movement that promotes a referendum also draws up the policy proposal that is to be the subject of the referendum (Setala, 2009).

Decision-controlling referendums can be categorised as abrogative or rejective; they are deployed as a check on a policy proposal already passed by a legislative body.  Abrogative referendums are held on enacted laws, while rejective referendums are held on laws passed but not yet in force.  Both types of decision-controlling referendums may be demanded by signatories to a popular petition (e.g. Italy and Switzerland) or by other actors such as parliamentary minorities or regional governments (Setala, 2009).

The ideological debate on the referendum also feeds into wider debates within democratic theory.  The proposal engages with a theoretical model of four normative models of democracy: the representative mode, the associative model, the deliberative model and the participatory model. It also examines the nature of citizen participation within each model (Michels, 2009)


Arguments for and against the use of referendums of democracies are largely based on the potentially beneficial or detrimental effects of such polls on the operation of representative government  The case for referendums can be summarised as ‘maximising legitimacy, maximising the human potential of citizens and the ending of alienation and apathy.’ The arguments against amount to the lack of analytical skills on the part of ordinary citizens to make wise decisions; when elected officials make decisions they weigh preferences and weld legitimate group interests into fair and equitable policies for all; rights of minorities are more likely to be guaranteed by the decisions of representatives and the referral of divisive issues to the public through use of the referendum device  will weaken the functioning and esteem of representatives and representative government ( Uleri, 1995).  These arguments are heard most frequently in Great Britain where belief in the sovereignty of parliament and its concomitant right and duty to make decisions for the people has been almost sacrosanct (Crepaz and Steiner, 2011).
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To test the validity of these competing arguments on the desirability of referendums, I now examine some case studies.  The first concerns Switzerland which provides a relative success story for the referendum.  Switzerland is a federalist country with 26 autonomous units of government or cantons.  It has four official languages which cut across the Protestant-Catholic religious divide, no dominant capital and ancient democratic traditions around pastures form which the founders of the modern Swiss constitution in 1848 were able to draw upon.  The people (not judges)have the ultimate right to determine the constitutionality of a particular law through referendum for which the only requirement is that 50,000 signatures be collected; the voters are also final arbiters on constitutional amendments and a minimum of 100,000 voters can also submit a constitutional amendment of their own (Crepaz and Steiner, 2011). 
The greatest strength of the referendum is the legitimacy it gives to political decision.  Although, notoriously, female suffrage was not granted by referendum until 1971, women’s participation in politics became rapidly accepted by male voters, and since 2007 women have occupied three of the seven seats in the Federal Council, the Swiss cabinet.  Innovative ideas have passed by referendum such as the Alp Initiative concerning heavy trucks passing through Switzerland (Crepaz and Steiner, 2011
 Swiss voters displayed a maturity in not displaying xenophobia when rejecting constitutional initiatives in the 1970s proposed by an anti-aliens movement which would have forced hundreds of thousands of foreigners to leave (Crepaz and Steiner, 2011) Arguably such maturity was not in evidence in 2009 when an initiative to prevent the future building of minarets was endorsed in a referendum despite the opposition of Muslims and the major parties (Gallagher et al, 2011).

The effectiveness of referendum initiatives in Switzerland in providing checks is borne out by an analysis of Swiss national elections and national votes from 1971 to 2005 which found a clear gap between the citizenry’s policy preferences expressed in elections and those expressed in popular votes (Sager and Buhlman, 2009).
By contrast to Switzerland, Ireland is one of the most centralized countries in Europe and was until recently a fervently Catholic and monocultural society.  .  It was in just such an environment that Ireland’s political elites acceded in 1981 to a demand by the conservative Catholic coalition, the Pro-Life Amendment Campaign (PLAC), for an amendment to outlaw abortion to be inserted into the Constitution.  The Eighth Amendment proposal was eventually voted upon in September 1983 and passed by a majority of two-to-one of those who voted.  The debate was conducted in an atmosphere of considerable rancor and judicial interpretation of the amendment led to student unions and women’s health centres being prohibited from giving information to women about the availability of abortion services outside Irish jurisdiction.  In the infamous X-case in 1992, judges prevented a suicidal 14 year old pregnant rape victim of a serial sex offender from going to Britain for an abortion.  This judgment was later reversed by Ireland’s Supreme Court and three referendums later that year granted rights to travel and information for pregnant women but rejected legalisation of abortion in very restricted circumstances.  An attempt to reinstate an absolute ban into the constitution failed narrowly in another referendum  in 2002 and actual abortion legislation in line with  the X-case judgment of the 1983 amendment  was not put onto the statute books until 2013 after another appalling legacy of the Eighth Amendment; the death in October 2012 of an Indian national in childbirth after the hospital where she was staying refused to give her life-saving drugs to counteract her septicemia in order to save the life of the foetus which also died.  This brief history of Ireland’s abortion imbroglio illustrates how the referendum can act as a conservative device in Irish politics (Gallagher, 1995).

Referendums on European integration are often in effect “second-order national elections; they are second-order because they are low salience, and first-order issues of national politics tend to dominate the campaigns.  Consequently, the electorate uses their votes to demonstrate their feelings towards their government, (Hobalt and Brouard, 2011).

This phenomenon looks to have been borne out in the two referendums held to ratify the European Constitution Treaty (ECT) in France and the Netherlands held within days of each other on 29th May and 1st June 2005 respectively.  In both countries ratification of the ECT was backed by centre-right governments and centre-left oppositions and high levels of public support.  In both countries though, the ECT was rejected after differing campaigns in terms of length (Hobart and Brouard, 2011).

Analysis of the voting choices in both referendums do not convey a uniform Euro-skepticism.  For European attitudes became intertwined with domestic concerns. In France voters wished to convey their desire for a social Europe to evolve and fears of the evolution of neo-liberal European economy plus their discontent with the incumbent centre-right administration.  Party cues were more salient in the Netherlands where the campaign was shorter and voters displayed more concern about loss of Dutch economy and greater enthusiasm for postmaterialist issues such as environmental protection (Hobart and Brouard, 2011).

In conclusion, no institution in modern democracies brings us closer to the ideal of ‘self-governance’ by the mass public than referendums (Hobolt, 2009).  Any assessment of the impact of the referendum on the quality of representative government, I would argue, hinges on the competence of voters to make collective decisions.  In the case of the Irish anti-abortion referendums the historic moral monopoly exercised by the Catholic Church on Irish discourse and practice did not equip the electorate to fully understand the potential repercussions of inserting a ‘pro-life’ amendment into the Constitution although the referendum did open up space for minority ‘pro-choice’ viewpoints.  By contrast the high levels of civic awareness in Switzerland made electors more ‘competent’ arbiters in referendums.  In the case of European integration referendums, the political competence of the electorates was not to be doubted but the mixture of issue preferences conveyed in the ‘No’ votes makes workable compromise solutions difficult for politicians.  A possible solution may be the holding of simultaneous referendums across Europe in the future (Hobolt, 2009)

Bibliography
Bjorklund, T (2009) The Surge of Referendums and the New Politics Approach in Setala, M. and Schiller, T (Eds.) Referendums and Representative Democracy.  Responsiveness, Accountability and Deliberation. Routledge/ECPR studies in European Political Science Abingdon, Oxon: Routledge

Crepaz, M.L. and Steiner, J. (2011) European Democracies. Seventh Edition London: Longman

Gallagher, M., Laver, M. and Mair, P. (2011) Representative Government in Modern Europe. Fifth Edition Maidenhead: McGraw-Hill

Gallagher, M. (1996) Ireland: The Referendum as a Conservative Device? in Gallagher, M. and Uleri, P. (Ed.) The Referendum Experience in Europe London: Macmillan

Hobolt, S. (2009) Europe in Question. Referendums on European Integration. Oxford: Oxford University Press

Hobolt, S. and Board, S (2011). Contesting the European Union? Why the Dutch and the French Rejected the European Constitution. Political Research Quarterly, 64(2), 309-322

Michels, A. (2009) Ideological Positions and the Referendum in the Netherlands in Setala, M. and Schiller, T. (Eds.)

Sagar, F. and Buhlman, M. (2009) Checks and Balances in Swiss Direct Democracy in Setala, M. and Schiller, T. (Eds.)

Setala, M. (2009) Introduction in Setala, M. and Schiller, T. (Eds.)

Uleri, P. (1996) Introduction in Gallagher and Uleri (Eds.)





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