Deliberative Constitutional Referendums in Deeply Divided Societies
(2020) 53 University of British Columbia Law Review 203
37 Pages Posted: 20 Feb 2020 Last revised: 24 Sep 2021
Date Written: February 18, 2020
Abstract
If referendums are not carefully designed and conducted so as to promote moderation, they may undermine deliberation and hence undermine one of the necessary or principal conditions of their own success. Naturally, there is no suggestion here that referendums can solve all the ills that deeply divided societies face or that democracy can be reduced to referendums. Yet, if skilfully and sensitively designed, they can play a crucial role, so long, that is, as ordinary people are made to feel that their views count for something in the process.
Keywords: referendums, deliberation, design
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