Constitutional referendum
A constitutional referendum , or constitutive referendum , is a specially related to the constitutional referendum and an instrument of direct democracy . The question to be decided in the referendum can relate to the constitution as a whole (so-called total revision) or only to partial areas (e.g. an individual article). A constitutional referendum can - but does not have to - be both an obligatory referendum (i.e. it is legally required to be held) or an optional referendum (i.e. it has been scheduled by collecting a specified number of signatures from eligible voters).
etymology
The German word referendum is a foreign word from Latin and is made up of the prefix “re” (= “back” ) and the verb “ferre” (= “carry” or “bring” ). The prefix constitutive is derived from the Latin verb “constituere” (= “to found” or “to form” ) and refers to the “constitution” (= “constitution” or “founding document” ) of a state.
In a constitutive referendum , a decision concerning the “constitution” of a state is “carried back” or “brought back” from the elected representative (parliament or government) to the sovereign (the people).
The constitutional referendum in the German-speaking countries
Germany
At the national level, a constitutional referendum is only provided for in the event that a constitution that replaces the Basic Law is recognized ( Art. 146 GG). A constitutional referendum that deviates from this, for example on an amendment to the Basic Law made by the Bundestag, is not currently provided for in the Basic Law, even if it is not explicitly prohibited. The Basic Law does not provide for a quorum for a constitutional referendum .
In the majority of the federal states, the constitutional referendum is also explicitly provided. In many - similar to the federal government - in the event of a total revision of the state constitution, in some such a referendum can also be called at the request of the parliament, and in Bavaria and Hesse even every change to the state constitution is subject to an obligatory, i.e. mandatory, constitutional referendum. In contrast to the referendum instrument that exists in all German federal states, no quorum is provided for a referendum in any of the federal states .
Austria
At the national level, a constitutional referendum is mandatory in Austria in the event of a total revision of the Federal Constitutional Law. In addition, the National Council can call a referendum on a constitutional amendment with a simple majority (the procedure is known as a referendum ).
Switzerland
In Switzerland , all amendments to the federal constitution are subject to a mandatory constitutional referendum . As with all other direct democratic instruments (e.g. referendum , optional referendum), there is no quorum for this. The same regulation regarding constitutional referenda (mandatory and without quorum) also applies to the cantonal constitutions in all cantons of Switzerland.
