14 November 2023
A Frozen Constitution in a Sunburnt Country
Australia’s Constitution remains frozen, with the loss of a referendum on 14 October 2023. Only eight out of forty-five national referendums to amend the Constitution have succeeded, with no successful change since 1977. The 2023 referendum would have recognised Indigenous Australians in the national Constitution and provided a means, described as a ‘Voice’, for them to make representations to Parliament and the Executive Government on matters relating to Aboriginal and Torres Strait Islander peoples. In this post, I will seek to give an overview of the reasons for the failure of the referendum, including the ‘No’ arguments, factors that contributed to the ‘No’ vote, and the demographics of the voting outcome. Continue reading >>
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19 September 2023
A First Nations Voice to Parliament
Last weekend saw tens of thousands of Australians rally in support of a referendum on an Indigenous Voice to Parliament. The Voice would be a representative body comprised of Indigenous Australians empowered to make representations to Parliament and the federal government on matters that relate to Aboriginal and Torres Strait Islander people. Its animating objective is to guarantee that Aboriginal and Torres Strait Islander peoples can have a say in the development of law and policy that affects them. The Voice is not a silver bullet. But if the referendum fails, basic problems concerning the relationship of Aboriginal and Torres Strait Islander peoples and the State will remain unaddressed. Indigenous Australians will also continue to struggle to have their interests considered in the processes of governance. Continue reading >>
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25 Januar 2023
Searching for a Government
On 21 January 2023, Slovak voters had the opportunity to use their constitutional right to vote in a referendum on a constitutional amendment on early elections. The referendum was, however, invalid, because a valid referendum in Slovakia requires a turnout of at least half of all eligible voters. The referendum took place less than six weeks after the no-confidence vote to the Slovak executive by the Slovak parliament. This development prompted steps towards amending the Constitution so that early elections become constitutionally permissible. Continue reading >>08 September 2022
Chile’s constitutional endeavour goes on
The Chilean people overwhelmingly rejected the draft constitution in the referendum held on September 4. How did it come to that? And what will happen now? A few first impressions on a result that seemed impossible a few months ago. Continue reading >>
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08 April 2022
Getting on the Wrong Side of Constitutionalism
The Chilean new constitution will be voted on a general plebiscite on September 4, 2022. While a few months ago the plebiscite might have looked like a formality, the approval rates for the Constitutional Convention and what is known of the proposed text so far have been dropping for some time now. According to recent polls, the rejection of the new text is becoming more and more likely, putting the constituent process under even more pressure. Continue reading >>
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09 September 2020
Constitutional Dullness
Should the number of Italy’s Members of Parliament (MPs) be reduced from 945 to 600? Italian citizens will decide on that question in a constitutional referendum that will take place in less than two weeks. While other referendums in Italian history have been vectors of remarkable civic mobilisation, this one fails to capture the constitutional imagination of Italian citizens. What could – and should – be a radical public debate about Italy’s political system and the current order, in fact revolves around pettiness and trivial constitutional engineering. Continue reading >>19 Mai 2020
Chile and COVID-19: A Constitutional Authoritarian Temptation
Due to the pandemic, Chile's 2020 electoral calendar has been modified, delaying the most important political event of the year: the April referendum for a new constitution. While the postponement is reasonable considering the current sanitary situation, recent suggestions that there be a further postponement due to a possible post-pandemic economic crisis threaten the democratic legitimacy of the process. As argued in this post, these measures and opinions, when read together, put the government close to an authoritarian use of the constitution. Continue reading >>24 Juli 2018
„Do not go. Do not vote“: an Interview with WOJCIECH SADURSKI
The Polish President Andrzej Duda has announced a referendum about the reform of the Polish Constitution of 1997. According to Wojciech Sadurski, the questions he intends to ask the Polish people are either meaningless, redundant or downright detrimental - with one important exception. Continue reading >>07 Mai 2018
A Constitutional Referendum to Delegitimize the Constitution
President Andrzej Duda has just announced that on 10 and 11 November a referendum will be held in Poland on the need to amend the Constitution, in which he will put to the Polish people numerous questions arising from ongoing public consultations. This consultative referendum is an attempt to delegitimise the Constitution, on which the referendum’s own legitimacy is based. Continue reading >>
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20 Juli 2017
Why Do We Need International Legal Standards for Constitutional Referendums?
Important substantive and institutional guarantees ensure the democratic quality of the general elections. In the case of a referendum these substantive and procedural guarantees are almost completely missing. Only international soft law deals with the question of the democratic quality of the referendum. Recent experience with Turkey, Hungary and other places show that this needs to change. Continue reading >>
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