ugnet_: Fw: [Mwananchi] WHAT IS A CONSTITUTIONAL REFRENDUM?

[Mulindwa Edward]

Mwaami Sadane   As always thank you very much for the inside story.   Em               The Mulindwas Communication Group "With Yoweri Museveni, Uganda is in anarchy"             Groupe de communication Mulindwas "avec Yoweri Museveni, l'Ouganda est dans l'anarchie"   ----- Original Message ----- From: Sardane Jean To: [EMAIL PROTECTED] ; A-Politics Cc: [EMAIL PROTECTED] ; [EMAIL PROTECTED] Sent: Wednesday, May 28, 2003 9:12 AM Subject: Re: [Mwananchi] WHAT IS A CONSTITUTIONAL REFRENDUM? 1) What is a Constitutional referendum?   It is nation-wide consultation, where the citizens have to answer by yes or no to a question. Generally, the question is about the approval of a change to the constitution, sometimes a slight one. In some cases, a brand new text is forwarded for approval, as it is the case in Rwanda.   There are also referendums on non-constitutional issues.   2) Who has a right to call for a Constitutional Referendum?   Normally, the Constitution (I mean the former one) has to foresee this process (and therefore decide on who has this authority and under which conditions). If it is not the case, the referendum is illegal. In exceptional cases, a constitutional conference can be called, declared sovereign (above the laws). This conference can draft a text and then decide to submit it to a referendum on its own authority. Normally, a sovereign conference has to be declared as such prior to its gathering.   3) How often is a Constitutional referendum called in a Democratic/non-Democratic country?   The referendum is a controversial process because Napoleon, the French Emperor, was using it (it was called a plebiscite) to force laws through pre-cooked consultations.   Some countries do not accept this form of consultation (UK is an example although they may change their mind about the adhesion to the Euro, as Blair committed himself to organise one). Other countries (France for example) are using it quite often (once in ten years on average). Switzerland even give authority to local government to organise such consultations and go the extra step to allow groups of citizen to directly propose laws to the approval of the electors. Numerous other countries use referendums.   The criticism often made to referendums is that the voters do not really answer to the question but cast their vote on the more general issue of confidence towards the government. Thus a popular government may have a positive answer on a lousy question. On the other side, it gives the citizenry a direct say on important questions.   4) How binding are the results of a Constitutional referendum, for example Although the Government of Rwanda has done this exercise, it is still very soon going to call for an election, so if this election is called and the citizenry elects another government, are the results of this referendum still binding or not?   Normally a referendum is binding. It transforms the text into law, if the answer is positive or if not, bury the initiative. In some Constitutions, the referendum is only indicative, but it is very difficult then for the Parliament to contradict the people.   In any case, what a law can do, a law can undo. Thus a future government can always initiate the process for cancelling of modifying a law adopted by a referendum.   Sardane Mulindwa Edward <[EMAIL PROTECTED]> wrote:   Netters   I am going to post this one on a large forum for I need some inside story from as many scholars out there as possible.   During my observation of the politics as it goes on in Africa we have got some very new political menus that some of us the old folks need a push up to understand what they mean. And my question is regarding the menu which has just taken place in Rwanda. Rwanda as a state has gone through a very expensive exercise to do some thing called " A Constitutional Referendum" And my questions are actually very few:-   1) What is a Constitutional referendum? 2) Who has a right to call for a Constitutional Referendum? 3) How often is a Constitutional referendum called in a Democratic/non-Democratic country? 4) How binding are the results of a Constitutional referendum, for example Although the Government of Rwanda has done this exercise, it is still very soon going to call for an election, so if this election is called and the citizenry elects another government, are the results of this referendum still binding or not?   I am going to leave it at that for now, I hope to learn very extensively from all your input.   Edward Mulindwa   Yahoo! Plus - For a better Internet experience Yahoo! Groups Sponsor ADVERTISEMENT The Mwananchi Group welcomes your opinion on diverse issues affecting us Africans. To join us click http://www.yahoogroups.com/group/mwananchi  Visit Aids-Africa at http://www.yahoogroups.com/group/aids-africa on hiv/aids related discussions. Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.