Are referendum results binding?
Ireland
- Mandatory referendum - always
- Optional referendum - always
ReferendumResult.
Based on the Local Returning Officers? reportsfrom each constituency, the Referendum Returning Officer draws up a provisionalreferendum certificate stating the results of the voting and indicating whetheror not the proposal has been approved. The provisional certificate is publishedin Iris Oifigi?il (the Official
Gazette). Within 7 days after formalpublication, any presidential elector may apply to the High Court for leave topresent a petition questioning the provisional certificate. If no petition ispresented, the certificate becomes final and, if it shows that the majority ofthe votes cast were in favour of the proposal, the relevant Bill is signed bythe President and the Constitution is amended accordingly.
Ordinaryreferendum.
Articles 27 and 47 of the Constitution alsoprovide for a referendum on a proposal other than a proposal to amend theConstitution (referred to in law as an 'ordinary referendum'). Anordinary referendum may take place when the President, on receipt of a jointpetition from a majority of the members of the Seanad and not less than onethird of the members of the D?il and following consultation with the Council ofState, decides that the Bill contains a proposal of such national importancethat the will of the people thereon ought to be ascertained before the measurebecomes law.
Where the President decides that a Bill whichis the subject of a petition contains a proposal of such national importancethat the will of the people on it ought to be ascertained he or she mustdecline to sign the Bill unless
- it isapproved by the people at a referendum within 18 months of the President'sdecision, or
- it isapproved by a resolution of the D?il within that 18 month period after theholding of a general election.
Constitutionof Ireland
(Adoptedon December 1937, last amended June 2004)
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Article 47.
2?Whenever a proposal contained in a Bill the subject of a petition under thisArticle shall have been approved either by the people or by a resolution ofD?il ?ireann in accordance with the foregoing provisions of this section, suchBill shall as soon as may be after such approval be presented to the Presidentfor his signature and promulgation by him as a law and the President shallthereupon sign the Bill and duly promulgate it as a law.
