What Is a Referendum? How They Work in the UK and Beyond

A referendum is a vote in which the electorate, and not its elected representatives, decides a single question directly. Voters are usually asked to answer yes or no, or to choose between two options, on a proposal such as a change to the constitution, a new law or a treaty. The United Kingdom has held three referendums covering the whole country, in 1975, 2011 and 2016, and a larger number in Scotland, Wales, Northern Ireland and parts of England.

The word is Latin. It comes from the verb referre, "to carry back", and describes a proposal that must be carried back to the people. "Referendums" is the preferred plural in English, although "referenda" is also seen. A referendum is sometimes called a plebiscite.

Binding and advisory referendums

Referendums differ in two main ways.

• Binding or advisory. A binding referendum has legal effect: the result itself adopts or rejects the proposal. An advisory (or consultative) referendum measures public opinion and leaves the final decision to parliament or the government.
• Mandatory or optional. Some constitutions require a referendum before certain decisions can be made, most often a change to the constitution. Elsewhere a referendum is held only when the government or parliament chooses, or when enough citizens sign a petition demanding one.

In the UK the starting point is parliamentary sovereignty. A referendum result does not bind Parliament unless the law that set up the vote says what must follow. In a ruling of 3 November 2016 the High Court said that, without a specific provision in the enabling legislation, a referendum "can only be advisory for the lawmakers in Parliament". The 2016 vote on European Union membership was legally non-binding in this sense, although the government had promised to implement the result. The 2011 vote was different: the Act that set it up provided for the alternative vote to be used at parliamentary elections if a majority voted for it.

UK-wide referendums

Date	Question, in summary	Result	Turnout
5 June 1975	Should the UK stay in the European Community (the Common Market)?	Yes 67.23%, No 32.77%	64.62%
5 May 2011	Should the alternative vote replace first past the post for electing MPs?	No 67.90%, Yes 32.10%	42.20%
23 June 2016	Should the UK remain a member of the European Union or leave it?	Leave 51.89%, Remain 48.11%	72.21%

The 1975 vote was the first referendum held across the whole United Kingdom. The system that voters were offered in 2011 is described in our guide to the alternative vote.

Devolution and independence referendums

Most UK referendums have been held in one nation or region, usually on how it should be governed.

• Scotland. In 1979 a narrow majority of those voting backed a Scottish Assembly, but the proposal fell because it did not reach a required 40 per cent threshold. On 11 September 1997, 74.3 per cent voted for a Scottish Parliament and 63.5 per cent for giving it tax-varying powers, on a turnout of about 60 per cent. The Scotland Act 1998 followed. On 18 September 2014 voters were asked "Should Scotland be an independent country?": 55.3 per cent voted No and 44.7 per cent Yes, on a turnout of 84.6 per cent. That vote was legislated for by the Scottish Parliament after the Edinburgh Agreement of 2012 between the Scottish and UK governments, and 16- and 17-year-olds could take part.
• Wales. A Welsh Assembly was rejected in 1979 by a margin of almost four to one. On 18 September 1997 it was approved by 50.30 per cent to 49.70 per cent, a majority of 6,721 votes on a turnout of 50.22 per cent. On 3 March 2011, about 63.5 per cent voted to give the Assembly full law-making powers in the areas already devolved to it.
• Northern Ireland. A "border poll" in 1973 asked whether Northern Ireland should remain in the UK or join the Republic of Ireland; it was boycotted by nationalists. On 22 May 1998, 71.12 per cent voted for the Good Friday Agreement on a turnout of 81.14 per cent. On the same day voters in the Republic of Ireland approved the related changes to their constitution by 94.39 per cent.
• England. Londoners voted in 1998 for a Greater London Authority with a mayor and an assembly. Voters in North East England rejected an elected regional assembly in 2004.

For the background, see what devolution is.

How a UK referendum is set up

No general law says when the UK must hold a referendum. Each UK-wide vote has had its own Act of Parliament: the Referendum Act 1975, the Parliamentary Voting System and Constituencies Act 2011 and the European Union Referendum Act 2015.

Since 2000 there has also been a standing framework. Part VII of the Political Parties, Elections and Referendums Act 2000 applies to referendums held under an Act of Parliament across the UK, in one or more of its nations or in an English region. Under it:

• the Electoral Commission must consider the wording of the question and publish its views on how intelligible it is;
• campaigners who want to spend more than £10,000 during the referendum period must register as "permitted participants", and their spending is then subject to limits set out in the Act;
• the Commission may designate one lead campaign organisation for each outcome, which can receive a public grant of up to £600,000, free postage for a referendum address, free use of rooms for public meetings and referendum campaign broadcasts;
• the chair of the Electoral Commission, or someone the chair appoints, acts as Chief Counting Officer.

The Commission's wider role is covered in what an electoral commission does.

Referendums in other countries

In Switzerland citizens vote on national questions about four times a year. A constitutional amendment proposed by the Federal Assembly must go to a mandatory referendum and needs a double majority, of voters nationally and of the cantons. Opponents of a new law can force a vote on it by collecting 50,000 signatures within 100 days. A popular initiative, backed by 100,000 signatures collected within 18 months, lets citizens propose a constitutional change themselves.

Ireland requires a referendum for every change to its constitution, which came into force on 29 December 1937. An amendment bill must first pass both Houses of the Oireachtas and is then put to the people. A simple majority of the votes cast decides, and there is no minimum turnout. Australia is another country where a referendum is required for constitutional change.

Arguments for and against

Supporters of referendums argue that:

• they are a direct expression of democracy on questions that matter to everyone;
• they suit decisions, such as changing the voting system, where elected politicians have a stake of their own or may lack the legitimacy to decide alone;
• they offer a remedy when voters feel poorly represented by the parties on a particular issue.

Critics argue that:

• complex or technical issues are reduced to a single yes-or-no question, and linked issues cannot be separated;
• voters can be swayed by expensive advertising, strong personalities or passing moods;
• turnout is usually lower than at elections, and governments may use referendums for their own political ends;
• a majority can be asked to vote on the rights of a minority;
• results can be hard to reverse.