...Firstly, referendums have been held to prevent the internal collapse of political parties. This refers to situations in which a political party is divided over a political issue, and the lack of consensus jeopardises the stability of the party. Failure to reach a consensus may cause revolts amongst back-bencher's, rendering party whips redundant. This can seriously danger the electoral prospects of the party, as publicly divided parties causes the electorate to lose confidence. Referendums therefore provide a democratic form of dispute resolution. A good example of this being exercised in practice is the 1975 referendum over the UK's membership to the European Union. This prevented the collapse of Harold Wilson's Labour Government. Secondly, referendums are used when Government is confronted with extremely controversial political issues. Governments use referendums in these circumstances because deciding the issue themselves may sometimes lead to serious public discontent, once again jeopardising the public popularity and electoral prospects of the party. Membership to the EU is an example of such an issue. An even more obvious example is the Good Friday Agreement referendum. Thirdly, referendums are used to further democracy, and in particular, direct democracy. Political parties in modern, liberal-minded countries all have democracy as a central theme of their electoral manifesto. The 1997 Labour Party manifesto is a key example, as it explicitly expressed a commitment...
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...1. The referendum in 1967 was a significant event in Australian history that allowed the Government to change the Constitution so it could make specific laws that applied to Aboriginal and Torres Strait Islander peoples that could assist in addressing inequalities. 2. There were several key individuals and groups involved in bringing about the Referendum. For instance, significant and powerful groups included the Aboriginal–Australian Fellowship and the Federal Council for the Advancement of Aboriginal and Torres Strait Islanders (FCAATSI), which was formed in 1957. 3. During this period, one of the prominent leaders was Faith Bandler. Bandler led the campaign and helped to organize several massive petitions and hundreds of public meetings. She was a key figure leading up to the...
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...25 marker Should referendums be more widely used in the UK? A referendum is a popular vote where the people are asked to determine an important political or constitutional issue directly. They have a yes or no answer so the result isn’t indecisive. A relatively recent example of a referendum in the UK was the ‘adoption of the Alternative Vote for UK general elections’ in 2011. The turnout of this referendum was 32.1% yes and 67.9 no. Referendums are held because of the concern with important constitutional changes or amendments. They are used as a way to entrench a change, whatever the outcome of the referendum the new governments and parliaments will not be able to reverse the changes unless they consult the people again; the changes will become permanent. There are many benefits to using referendums more widely in the UK. Firstly because the public’s views on a particular question are clearly represented. It helps to make decisions legitimate and confirms the principle of government by consent. An example of this would be the Northern Ireland Good Friday agreement in 1998. Where the referendum was massively important, and too succeeds it needed a widespread and clear support from most of the community. The ‘yes’ vote was over 70% and was therefore crucial. Using more referendums in the UK could also prevent the governments from making unpopular decisions. There are many positives to why we should use referendums more widely just like there are negatives. Some may...
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...To what extent do referendums strengthen democracy in the UK? Democracy is defined in Greek as government by the people. Referendums are undermining of the authority given to the people through a representative. The use of referendums in the UK allows for an increased participation from the electorate. This encourages direct democracy and therefore strengthens the basic principle of a democratic governing body. However, participation is a key part of the strengthening of democracy. In recent years we have seen a growth in the number of referendums held in the UK. Referendums are usually held to conclude on an important issue, such as devolution and issues regarding the changing of a constitutional law. It has become increasingly problematic that there has been a decline in the turn-out for referendums, a clear example of this is the Welsh national; assembly referendum held in 2011. The turnout for the Welsh national assembly referendum was 33%, with a 65% voting in favour of further devolved powers for the assembly. Although the vote was a majority decision 67% of the electorate did not vote, which undermines the result and therefore democracy is weakened without active participation by the electorate. As mentioned, the Welsh assembly referendum resulted in 67% of the electorate not voting, which means that these individuals will still get a devolved set of powers. Therefore unless you have a 100% turnout a referendum will forever be undemocratic. This can be described...
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...advantages of referendums outweigh the disadvantages? (25 marks) Referendums are a device of direct democracy and are a popular vote on an issue of public policy or constitutional reform. They are the most commonly used form of direct democracy in the UK and are used to widen political participation. In my opinion, I think the disadvantage of referendums outweigh the advantages for the following reasons. As referendums are a device of direct democracy, they give the public direct and unmediated control over government decision-making. This means that the public views and interests are properly and accurately given. It also means they cannot be changed or moulded to suit the politicians who represent the public. However, the point of having politicians to represent us is that they have political experience and knowledge to make correct and justified decisions. We have the democratic choice to elect the people that represent our views in parliament. Referendums therefore undermine parts of representative democracy as the general public is mainly badly informed, uneducated in politics and lack political experience. This means that although referendums give the public what they would like in the form of a democratic yes/no vote, the general public opinion could be very bad for the country in the long term. The public's interests are therefore best safeguarded by a government system of politicians rather than any form of popular self-government. On the other hand, referendums could...
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... A referendum is a form of direct democracy that involves a public vote on a single issue of public policy. It is a way of presenting a debated issue to public decision. The most recent referendum was in the UK; the 2014 Scottish Independence Referendum which asked the question whether Scotland should break away from the UK or not. There are a variety of arguments both for and against the wider use of referendum in the UK. The use was greatly favoured by Tony Blair and his new Labour government in 1997 because they took the view that referendum was a democratic device that allows people the opportunity to give a direct voice in decision making. Therefore, any decision made via referendum acquires legitimacy because it has popular approval. Moreover, referendums can encourage political participation which will help the declining participation of the UK in the way that as referendums are where people can get directly involve in the decision making, they will see this as opportuniy to contribute to the political world as themselves, thereby encouraging them to turn out in election to vote and increase participation like in the 2014 Scottish referendum where the participation brough about a turnout of 84.59% compared to the 2010 general election turnout of 65.1%. Shown clearly in the example is the clear difference between participation of direct democracy and representative democracy which would greatly benefit the UK's declining political participation. Referendums can...
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...How strong is the case for increasing the use of referendums in the UK? A referendum is a vote put to the public by a ballot by the government. Given as a simple “yes/no” question, they are on a single issue in the country or something the government needs the public’s opinion on. The UK rarely uses referendums, with only 2 put to the UK and 9 otherwise. Here I will discuss whether or not their use should be increased. Referendums can help to decide on issues like education, healthcare, social issues and more for example in Switzerland where they are used to decide on social issues like abortion and gay marriage. However, in most cases, the action/ outcome would have already been decided by the government in control, using the referendum as a way to legitimise what they want. Due to this issue, they can be used to legitimise clearly non-democratic laws, for example Hitler used them to pass what he wanted to happen. Referendums also gain the public’s view on what the government wants- whether they want it or not- yet this makes tyranny of the majority as minorities don’t get expressed and only certain areas are get to vote. The question would have been carefully manicured in favour of the best outcome for the government, as people can only answer yes or no- no justification or adding more even if neither appeals. A tool for modern democracy, outside of the UK they solve a wide range of issues and work well. The voter has a direct choice and say in what the government do, for...
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...consent or legitimacy to govern on behalf of the public. 2. A Referendum can be held on Constitutional issues/changes if any changes alter the relationship between different parts of the state (e.g. devolution), or between citizens and the state such as the devolution referendum in 1979 where most Scots voted “yes” but 40% needed was not reached and it was unfavourable in Wales. Also, when there is a history of conflict and an agreement is to be made. Furthermore, If our representatives are unable to come to a decision about an issue or ff the govt feel that there will be much discontentment amongst the public if a decision is made without their consent, i.e. an issue that the people have strong opinions on, such as the EU referendum that is going to take place by the end of 2017. 3. The principle of Parliamentary Sovereignty in the UK means that referendums cannot be binding although it would be very difficult for governments to ignore the results of official referendums. Several important arguments have been raised in support of the increased use of referendums. It is argued that although full direct democracy may be impractical and inefficient in modern, large scale, complex societies the use of referendums is an important mechanism for the provision of some direct democracy which can increase citizens’ active participation in and understanding of political questions. In general referendums are said to enhance the legitimacy and acceptability...
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...ability to make someone do something that they would not do of their own free will * E.g - Coercion – the use of force to achieve ends – the military * Authority = the right to exercise power (based on the consent of those being ruled) * E.g - Legal/rational – HOC * E.g – Traditional – HOL Modern democracies have: Political tolerance Peaceful transition of power Free, fair and regular elections The government is accountable to the people The rule of law Freedom of the media Modern democracies have: Political tolerance Peaceful transition of power Free, fair and regular elections The government is accountable to the people The rule of law Freedom of the media What makes a government legitimate? * Referendums (‘Yes’ answers) * High turnout * Free, fair and regular elections * Lack of dissent * Displays of public support How legitimate is the UK? Legitimate | Not legitimate | * House of Commons is elected | * Electoral system unfair and distorts political representation (FPTP) | * Government elected with mandate to govern | * Every government elected has only achieved the minority of the popular vote | * House of Lords has traditional authority and political influence is widely recognised | * House of Lords members are not elected and so do not have the people’s consent | Direct democracy: * The people themselves directly make the important decisions which affect them * The people are directly...
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...voter can take part in reaching a decision. The most obvious modern version is referendum where people vote “yes” or “no” to a specific question. Switzerland holds referendum at least three times a year to make the most important decisions even though they elect a parliament which is left to minor decisions. However, they hardly ever take place in the UK (the last one was in 1975), normally only at a time of constitutional change or when the issue is serious and based on public opinion. One argument in favour of a greater use of direct democracy would be that direct democracy is the purest form of democracy and reflects perfectly the view of all the citizenry. There is not a difference between the people and the government and the people can shape their society accurately. However, direct democracy is impractical in a large society with 45 million voters. The amount of money and time that referendums take is not suitable for urgent decisions. Another argument to support the use of direct democracy would be that it prevents politicians from going beyond their power when making decisions and it would increase legitimacy as the government is getting direct consent from the people through such methods such as referendums. Nevertheless, direct democracy could lead to the majority discriminating against a minority or there might be "voters fatigue" and there might be low turnouts in elections and referendums and so it might lack legitimacy. For example there was a 34% turnout to whether...
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...lack legitimacy. In 2001 the general election turnout was 59 per cent. Furthermore, there has been a gradual decline in party membership numbers for the three main parties, signifying partisan dealignment, less than 1 per cent of the UK’s electorate is currently part of the Conservatives, Labour or Lib Dems. Additionally, participation in other areas of UK politics such as the election of MEP’s, is showing an obvious participation crisis, resulting in the party UKIP dominating the UK for the EU parliament, the turnout for 2014 was 34 per cent. Lastly, further emphasising the current participation crisis in the UK referendum turnouts have been traditionally low, this means decisions implemented based on these results lack legitimacy, the turnout for the AV referendum in 2011 was 42 per cent. However, contrary to previous turnout figures the Scottish devolution referendum had a historic turnout of 85 per cent, suggesting that the current participation crisis democracy in the UK is improving. Moreover, although party membership for the UK is currently at a historic low, pressure group membership has increased dramatically. Suggesting, the electorate are turning to pressure groups for more effective representation. Noticeably, the pressure group RSPB currently has over a million members, which are more than the total of all the UK political party members. Further contrary to the view that the UK is suffering from a participation crisis, representative democracy is showing a recent increase...
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...One High Court case that interp reted the Constitution in a way that impacted the law-making powers of the State and Commonwealth Part A 1. The article, feather’s fly over wind farm ban, is based on 52 wind turbines in the Gippsland area being banned due to the chance they may have an affect on a rare parrot species survival hopes. 2. This case is a sate area of law making it a residual power, as it lies in section 107 which says, any power not mentioned in the Constitution is automatically considered to be law-making areas of the state which relates to this issue. 3. The commonwealth may be able to stop the construction of the wind turbines as they have signed a treaty under the environment protection and biodiversity conservation act, which enables them to do so. 4. Senator Campbell stated he had decided to use the environment protection and biodiversity conservation act to block the wind farm because of the small possibility that it could cause up to one bird death per year and at this stage everything should be done to protect every bird. 5. Personally I think state parliament would win if this were taken to state parliament due to the simple fact that it is a residual area of law in which the commonwealth has no power over. But I do believe all precautions should be taken and that a ban should be placed. 6. In any case of conflict regarding state and commonwealth parliament on the basis of cyber bullying, stalking, and online gambling being...
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...foreigners and slaves were excluded from voting. Now days many countries with representative democracies allow forms of direct democracy through referendums, initiative and recall. There are many benefits to direct democracy, including promoting a democratic and well-cooperated society. People have power and a say, and this opinion needs to be listened to by the government in order to please the citizens. It also provides a responsibility of the government to the people, all people have this power of a vote, and the government needs to listen to peoples concerns, as the politicians and the government will be held responsible for the well being of the people. Referendums are a form of direct democracy, and have been used in the UK many times, with the most recent being the Scottish referendum, allowing the people of Scotland to decide if they wanted to remain a part of the UK. One argument against the use of more referendums would be that the general public are not always as educated in the decision as a representative may be, this could lead to people making irrational decisions, as they are not informed enough on the topic. This issue tends to lead to the media (especially tabloids) over simplifying the issue, which many argue gives these owners and editors of these newspapers far too much influence in the potential outcome of the referendum. Therefore many would argue that these matters should be left...
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...LEGAL RESEARCH AND WRITING Entrenchment: 2010 Kenya Constitution LEGAL RESEARCH AND WRITING Entrenchment: 2010 Kenya Constitution INTRODUCTION The Kenya constitution is a codified constitution, as all laws are clearly spelt out in an enclosed document. Entrenchment deals with the legal procedures for modification of a constitution. An entrenched constitution recognizes the constitution and its process of modification as different from other laws .Key features of a codified constitution, entrenched – The provisions laid out in a codified constitution are entrenched, which means that they are difficult to amend or abolish. Some constitutions contain certain clauses which prevent them being changed at all. A good example would be the German ‘eternity clause’. Others prevent the changing or amending of parts of the constitution during times of conflict, or before a certain time period. An un-entrenched constitution does not recognize the constitutional law as different or supreme and thus constitutions can be modified as easily as statutory laws. The procedure for modifying a constitution is often called amending. Amending an entrenched constitution needs numerous procedures than modification of a statue. Sometimes, this is because the constitution is considered supreme law. Article 2(1) of the Kenyan Constitution of 2010, states that the Constitution is the supreme law of the republic and binds all persons and all state organs at both levels of...
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...UK there has been debate that Britain’s democracy is flawed. The voting system is unfair and recent expenses scandal exposed just how many politicians do not respect the position they are given. One of the main factors to argue there is a democratic deficit in the UK is the low levels of voter turnout and widespread discouragement with the FPTP system. In 2001 the UK received a general election turnout of 59.4%, the lowest since the start of universal suffrage in 1918. Low turnouts in elections will weaken the electoral mandate of the party and the legitimacy of the government, and if citizens are not participating in politics the decisions made by government are no longer in the interest of the whole nation. For instance the 2011 AV referendum got a turnout of just 42.2% so it would not accurate to base this result on a decision that will affect the whole country, when fewer than half of the population voted. Some suggest that the elections in the UK are not fair due to the “First Past the Post” voting system. The FPTP system favours two parties (the Labour and Conservative party) and this means that there is a reduced chance of smaller parties winning constituencies. In the 2010 general election the Labour party got 29% of the vote and gained 258 seats, whereas the Liberal Democrats won 23% of the votes but secured 57 seats. This shows how FPTP discriminates against smaller “3rd” parties like the Liberal Democrats who have a widespread but low concentration of support so are...
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