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A deliberative referendum is a referendum that increases public deliberation through purposeful institutional design.[1] The term "deliberative referendum" stems from deliberative democracy,[2] which emphasises that "the legitimacy of decisions can be increased if...decisions are preceded by authentic deliberation."[3] Deliberative design features can promote public deliberation prior to and during the referendum vote to increase its actual and perceived legitimacy.[4] Deliberative referendums encourage open-minded and informed reasoning, rather than rigid "pre-formed opinions".[5] "[A]fter deliberations, citizens routinely alter their preferences".[4]

In practice, a deliberative referendum includes a variety of institutional design features. These include using a citizens' jury to set referendum questions and educate the public, further public education via mandatory interactive tutorials before voting, and focusing referendums on broad values rather than technicalities.[6] Some authors note how legal regulation can also aid referendum deliberation.[7]

One deliberative referendum method increasingly in use is the Citizens' Initiative Review; this is a randomly-selected body, similar to a citizen's jury, convened specifically to deliberate on a ballot initiative or referendum that voters in the same jurisdiction (such as a city, state, province, or country) will later vote on.[8]

Constitutional deliberative referendums can "provide citizens with a meaningful say in determining the most fundamental constitutional decisions that affect their lives".[9] Voter deliberation is significant here as the referendum result could change the state's political status or impact the enjoyment of human rights.[10]

References

  1. ↑ Levy, Ron (2013) "Deliberative Voting: Realising Constitutional Referendum Democracy" Public Law p.557.
  2. ↑ Tierney, Stephen (2013) "Using Electoral Law to Construct a Deliberative Referendum Moving Beyond the Democratic Paradox"12(4) Election Law Journal p.509.
  3. ↑ Leib, Ethan J (2006) "Can Direct Democracy Be Made Deliberative?" 54 Buffalo Law Review p.903.
  4. 1 2 Leib, Ethan J (2006) "Can Direct Democracy Be Made Deliberative?" 54 Buffalo Law Review p.910.
  5. ↑ Tierney, Stephen (2013) "Using Electoral Law to Construct a Deliberative Referendum Moving Beyond the Democratic Paradox" 12(4) Election Law Journal pp.508-512.
  6. ↑ Levy, Ron (2017) "The Deliberative Case for Constitutional Referenda " Election Journal p. 214-215.
  7. ↑ Tierney, Stephen (2013) "Using Electoral Law to Construct a Deliberative Referendum Moving Beyond the Democratic Paradox" 12(4) Election Law Journal p.523.
  8. ↑ John Gastil and Robert Richards, "Making Direct Democracy Deliberative Through Random Assemblies" (2013) 41(2), Politics & Society (2013) 41 (2).
  9. ↑ Tierney, Stephen (2013) "Using Electoral Law to Construct a Deliberative Referendum Moving Beyond the Democratic Paradox" 12(4) Election Law Journal p.510.
  10. ↑ Levy, Ron (2013) "Deliberative Voting: Realising Constitutional Referendum Democracy" Public Law p.559.
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