There are usually many changes that take place in law. People do not usually understand these terms. A majority of laws are just passed by amendments and statutes or usually made by including it in the common law. Even though this happens, some important issues do need public votes for decisions to be made. For this purpose, the terms plebiscite and Referendum were introduced.
Plebiscite vs Referendum
The main difference between plebiscite and Referendum is that a plebiscite usually takes place in a Democratic environment, which would bring about a sense of empowerment and units inside the general public, and on the other hand, a referendum usually takes place in an undemocratic environment leading to a sense of empowerment in the government but not the people.
The term plebiscite can also be called an advisory referendum. This arises due to the action on results which are taken on. This term does not have any relationship with Constitution, but it does take all important decisions which are in the control and authority of a parliament to bring about a change.
The term referendum is called a Constitutional referendum. This helps to change the approval in a Constitution. A referred is the primary way to help bring about a change in an amendment in the Constitution. A referendum is a primary way of doing this change, according to section 128. There is a need to have a double major for decisions taken regarding changes in amendments.
Comparison Table Between a Plebiscite and a Referendum
| Parameters of Comparison | Plebiscite | Referendum |
| Environment | This occurs only under an undemocratic environment. | This occurs only under a democratic environment. |
| Aim | This aims in brings in a feeling of unity and empowerment in the government. | This aims in brings in a feeling of unity and empowerment in the people. |
| Main function | This a primary technique to legitimate a policy by the government. | This is a way of getting a stronger opinion in the masses. |
| Carried out by | This can be carried out only by some specific authority of people at the high post. | This can be carried out by a citizen or a group of people having the same motto. |
| Characteristic | This is a way of voting by itself. | This is a way of phrasing the vote. |
What is a Plebiscite?
The term plebiscite can also be called an advisory referendum. This arises due to the action on results which are taken on. This term does not have any relationship with Constitution, but it does take all important decisions which are in the control and authority of a parliament to bring about a change.
For taking up a plebiscite, the government usually takes the consent of the general public before passing any changes in any act stated. There is a requirement of an act of parliament in a plebiscite to help accompany the proposal taken off in a parliament. This act plays an essential role when it comes to deciding whether it is compulsory or not for people to vote in plebiscites.
There is no need to conduct a plebiscite in a specific order or way. There can be conduction of a plebiscite regarding the internal matters happening in that particular state. For example, there was a plebiscite conducted by Australia to decide if the legalization of same-sex marriage should happen or no.
What is a Referendum?
The term referendum is called a Constitutional referendum. This helps to change the approval in a Constitution. A referred is the primary way to help bring about a change in an amendment in the Constitution. A referendum is a primary way of doing this change, according to section 128. There is a need to have a double major for decisions taken regarding changes in amendments.
This means that there must be a majority of more than 50 percent of the people of that particular state. Just like how it is compulsory for voting for selecting the right candidate of our state or country through elections, it is also compulsory for Australians to vote in referendums. There is a binding of a legal force on the government, which results in the Referendum.
There have been almost 45 referenda that had been taken since 1901, and only 8 of them have been accepted. A very recent example of the Referendum is that, in Australia, there was a referendum that took place to change Australia into a republic union, and it should tie up an Alice with the US. However, this Referendum was not passed since there were about 54% more votes against this Referendum.
Main Differences Between a Plebiscite and a Referendum
- A plebiscite occurs only for an undemocratic environment, and on the other hand, a referendum occurs only in a democratic environment.
- A plebiscite brings in a feeling of unity and empowerment in the government, and on the other hand, a referendum brings a feeling of empowerment within the people.
- The technique of legitimate a policy by the government is called a plebiscite, and on the other hand, the way of getting a stronger opinion in masses in a country is known as a referendum.
- A plebiscite can be carried out only by some specific authority of people at the high post, and on the other hand, a referendum can be carried out by a citizen or a group of people having the same motto.
- A plebiscite is a way of voting by itself, and on the other hand, a referendum is a way of phrasing the vote.
Conclusion
A plebiscite and Referendum are both commonly used terms in the subject of law. Both these aim at bringing betterment for a state and bringing in a change in people’s lives. Even though both the plebiscite and the Referendum emerge from the same roots, they do have their differences between them.
A plebiscite and a referendum both have their difference in the basis of how they are executed, how they are performed, how they function and based on the characteristics they possess. One should know the difference between these two words that are a plebiscite and a referendum, especially when one wants to take up a career in law.
References
- https://strathprints.strath.ac.uk/id/eprint/59204
- https://books.google.com/books?hl=en&lr=&id=iOAthp-d7BUC&oi=fnd&pg=PA1&dq=plebiscite+vs+referendum&ots=Ka2oWWTFMq&sig=hUeulQFo9zktJbounAUQ9oTH7uE