2023-12-15 19:30:10
It is one of the oldest devices in the democratic toolbox, and also one of the most controversial in political and constitutional philosophy. From the demand for a citizens’ initiative referendum uniting the “yellow vest” movement to the unsuccessful attempts at a shared initiative referendum (RIP) made by opponents of pension reform, including the insistent request, to right and far right, of a referendum on immigration, expectations are contrasting to say the least.
Echoing this, President Emmanuel Macron expressed his desire to relax access to the RIP, considered until now to be inapplicable, while renouncing, due to lack of a political majority, his initial plan to extend the referendum to social issues. . This decline testifies to the highly flammable nature of the subject. “A referendum is not necessarily a democratic moment, any more than elections or the organization of citizens’ conventions, notes political scientist Laurence Morel, author of The Referendum Question (Presses de Sciences Po, 2019). It all depends on how you use it. »
Between the ballots which, in Russia or Turkey, strengthened the powers of the head of state and paved the way for illiberalism, and the Irish constitutional referendums backed by a convention of citizens drawn by lot, the objectives and rules that apply don’t have much in common.
Also read the decryption: Article reserved for our subscribers The referendum, this protean tool whose democratic character depends on the use made of it
“In France, the referendum is the subject of deep distrust, which leads to favoring a representative conception of the way of legislating”underlines Marthe Fatin-Rouge Stefanini, research director at the CNRS and professor of comparative constitutional law.
It is criticized for its divisive nature, which polarizes the debate around binary thinking, when the issues are often complex and deserve nuance, and it is accused of reducing campaigns to the field of emotion and of favoring confrontation to the detriment of the deliberation necessary in democracy to achieve compromise.
Difficult to reverse
We also criticize its force of inertia, as it is easy to unite people who do not share the same opinion around a “no”. Finally, we are worried the risk of weakening Parliament in the face of an executive speaking directly to the people to better bypass its representatives.
Not to mention its difficult reversible nature. “If we add to this the power of social networks and disinformation campaigns which pollute public debate, the referendum is certainly a false friend”affirms the professor of constitutional law Dominique Rousseau, who rather pleads for a “continuing democracy” within primary assemblies of citizens (Six theses for continued democracyOdile Jacob, 2022).
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