Referendums: Tyranny of the Majority?

Abstract

This response piece argues that one should be wary of generalised statements that referendums – or particular types of referendums – are good or bad. Whether a popular vote process has beneficial or damaging effects depends on a myriad of factors, in particular its formal design and the constitutional structure of the state concerned. Similarly, sweeping claims that referendums result in the oppression of minorities should be approached with a good dose of scepticism. A look at actual direct-democratic practice shows that the danger of a tyranny of the majority is limited to very specific circumstances. Insofar as this danger does exist, damaging effects of referendums for minorities can be prevented through judicial review after the vote and exclusion of certain issues from referendums from the start.