National Laws on Local Votes

Domestic Law on Local Votes

The laws of different countries vary tremendously with respect to local votes. The problem begins with the terminology. A local vote may be called a referendum (optional, mandatory, or abrogative); a consultation (popular, local, or community); a local initiative; a plebiscite, etc. Each of these terms has a somewhat different meaning, and the exact same term may have a different meaning in different countries' legal systems.

To make matters even more complicated, each country's Constitution and national law will prescribe whether and under what circumstances a local vote may be held; which issues may be subject of a vote; who may authorize the holding of a vote; how the vote is to be conducted; the effect of the vote, etc. Some communities avoid the problem altogether by simply holding a local vote, ignoring the question of whether such a vote is allowed or has any legal effect.

It is impossible for this or any website to answer the question of whether a particular local vote on a natural resource development project is permissible, let alone describe the local legal procedures for holding such a vote. A local attorney familiar with domestic laws on such votes should be consulted instead. What EDLC can do in this section is give a quick sense of the types of national laws that do exist on the subject, as well as identify other online resources to consult for further information.

Getting started

Laws that allow communities to hold local votes may be found in a country's Constitution, and/or its statutory (legislative) law. Some Constitutions provide a general right for citizens to hold local votes on matters of local concern, a concept often referred to as "direct democracy." Statutory law may then define the circumstances under which a local vote may be held, as well as the details of how to hold a permissible vote.

At the national law level, besides the Constitution, important places to look for laws on local votes are electoral law; law on the powers of municipalities, provinces, and states; laws that govern citizen participation in environmental decision-making; and laws relating to indigenous peoples. Some argue that the authorization to conduct a local vote on a proposed natural resource law need not be explicit, and that the right to hold such a vote may be implied in other provisions of the law relating to the above subjects.

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Mechanisms of direct democracy, incorporated mostly in the 1990s, are political tools that may promote citizen participation and involvement in public life…

- Alicia Lissidini, “Direct Democracy in Latin America: between delegation and participation” (2007)