Who can initiate an optional referendum at the national level?

Taiwan

Taiwan

Answer
  • President
  • Legislative majority
  • Registered electors
Source

Constitutionof the Republic of China

 

(Adoptedin 25 December 1946, last amended in 2005)

 

http://english.president.gov.tw/Default.aspx?tabid=1107

(Mandatoryand Optional Referendum, Citizen Initiative and Recall)

 

Article17.

 

Thepeople shall have the right of election, recall, initiative and referendum

 

Article123.

 

Thepeople of the hsien shall, in accordance with law, exercise the rights of  initiative and referendum in matters withinthe sphere of hsien self-government, and shall, in accordance with law,exercise the rights of election and recall of the magistrate and other hsienself-government officials

 

ReferendumAct

 

(Last amended 12 May 2009)

 

http://law.moj.gov.tw/Eng/LawClass/LawAllPara.aspx?PCode=D0020050

 

(Optional Referendum)

 

Article16 

 

(1)Ifthe Legislative Yuan deems it is necessary to carry out referendum for a  matter as prescribed in Subparagraph 3 ofParagraph Two of Article 2, it may hand the main text and the statement of reasons, after they are being adopted inthe meeting of  the Legislative Yuan, tothe Central Election Commission for implementing the  referendum

 

 

Article 17.

 

When the country is under thethreat of foreign force and the national sovereignty is likely to be changed,the President may, with the resolution of the meeting of the Executive Yuan,apply the matters regarding the national security to referendum. The provisionson the periods set forth in Article 18 and the provision of Article 24 shallnot apply to the referendum referred to in the preceding Paragraph.

 

Comment

According to the ReferendumAct, both the Legislative Yuan and the president may propose an optionalreferendum. Except for thePresident, the executive branch of all levels of governments is prohibited fromproposing referendums or holding advisory referendums.

 

For citizen initiatedreferenda, the issue of the referendum can be either the reconsideration of alaw or reconfirmation of a major policy. 

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