Showing posts with label referendum. Show all posts
Showing posts with label referendum. Show all posts

Tuesday, October 24, 2017

Book notes: Boyer on referendums and risks


Patrick Boyer, lawyer, writer, student of referendum processes, may have an uphill struggle getting buy-in for the argument of his new book, Forcing Choice: the Risky Rewards of Referendums that "referendums are indispensable in a functioning democracy."

After the Brexit disaster, the crisis produced by the Kurdish independence referendum, and the current anarchic doings over Catalonian sovereignty, you would think that politics by referendum would be in bad odor just about everywhere.

I'm with John Ralston Saul on referendums: "The state-sponsored referendum has always been part of this logic.  Stop the talk, we're going to decide, yes or no.  At that point the citizens' role is to wave one flag or the other and cheer for one side of the simple question or the other. " (Reflections of a Siamese Twin)

Thursday, November 03, 2016

History of brexit and referenda


I mostly think Brexit and Europe are problems for Britain, and the British can do as they please as far as I'm concerned.  But today's decision by a British court (subject to appeal, for sure) that Britain cannot trigger Article 50 and annul its treaty commitment to Europe without parliamentary sanction seems to me a sound lesson for all parliamentary democracies.

It is too bad, perhaps, that it took a court ruling, instead of a declaration by a majority of parliamentarians to establish parliamentary sovereignty, but simply having it established once again is surely a good thing.  There is sometimes a strain of parliamentary authoritarianism that holds that a prime minister can do anything after securing an electoral majority, and that prerogative powers cover virtually all their actions (see here, eg). But in the end confidence must be tested and confirmed whenever it is the will of the House to do so.

It's another lesson, I hope, in the folly of referendums. Perhaps a parliamentary reassertion of control over Britain's treaty relations with Europe  will help reestablish the principle, here as there, that there are almost no circumstances in which a referendum is the right process to adopt, as a practical matter (they don't reveal the popular will effectively) and as one of principle (we have representative institutions, not plebiscitary ones).
 
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