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A referendum, in the Italian legal system is a request directed to the whole electorate to express their view on a determined question. It is the main instrument of direct democracy in Italy.[1]
The Constitution of Italy only provides for four types of legally binding referendums:[2]
- A popular referendum, in which the electorate is called to vote on whether they wish to abolish (abrogate) an existing law, either totally or partially.[3]
- A constitutional referendum, which can be requested in some cases when a new constitutional law is approved by Parliament.[4] Similarly, a referendum can be requested to confirm the adoption of the Statute of ordinary regions.[5]
- An advisory referendum is required to approve the modification of regions, provinces, or municipalities.[6]
- A popular referendum on regional laws and regulations may be regulated by regional statutes.[5]
Despite that the constitutional right to hold a popular referendum has existed since adoption of the Constitution in 1948, the necessary legislation detailing the bureaucratic procedures needed to hold them was not adopted until the early 1970s. As a consequence of this, Italy's first popular referendum was not held until 1974, 27 years after the constitution was first approved.
- ^ Bin, Roverto and Pitruzella, Giovanni (2008), Diritto costituzionale, G. Giappichelli Editore, Turin, p. 364.
- ^ Bin, Roverto and Pitruzella, Giovanni (2008), Diritto costituzionale, G. Giappichelli Editore, Turin, p. 72.
- ^ Article 75 of the Constitution.
- ^ Article 138 of the Constitution.
- ^ a b Article 123 of the Constitution.
- ^ Articles 132 and 133 of the Constitution.