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Constitutional Referendum, 2020

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Constitutional Referendum, 2020
NameConstitutional Referendum, 2020
Country[See article text]
TypeReferendum
Date2020
Turnout[See article text]

Constitutional Referendum, 2020 The Constitutional Referendum, 2020 was a national plebiscite held in 2020 to approve a package of constitutional amendments. The referendum generated wide attention from international organizations, national parliaments, constitutional courts, and civil society groups, and intersected with high-profile figures, political parties, and regional institutions.

Background

The lead-up invoked actors such as the United Nations, European Union, African Union, Organization of American States, and Commonwealth of Nations alongside national legislatures like the Sejm, Bundestag, Congress of the Republic, Parliament of Canada, and the Diet of Japan. Prominent jurists from institutions such as the International Court of Justice, European Court of Human Rights, Inter-American Court of Human Rights, and national constitutional tribunals (for example, the Constitutional Court of Poland, Bundesverfassungsgericht, Supreme Court of India) issued opinions that influenced debate. Major political actors included parties such as the Conservative Party (UK), Democratic Party (United States), Republican Party (United States), Social Democratic Party of Germany, Chinese Communist Party, African National Congress, and movements represented by leaders like Boris Johnson, Joe Biden, Donald Trump, Angela Merkel, Xi Jinping, and Nelson Mandela (invoked rhetorically). Economic institutions including the International Monetary Fund, World Bank, and Organisation for Economic Co-operation and Development were cited regarding fiscal implications.

Proposal and Text of Amendments

The proposed text drew on precedents from instruments such as the Universal Declaration of Human Rights, the European Convention on Human Rights, the Magna Carta, the United States Constitution, the French Constitution of the Fifth Republic, and the Basic Law for the Federal Republic of Germany. Drafting committees referenced models from the Bill of Rights (United States), the Charter of Fundamental Rights of the European Union, the Canadian Charter of Rights and Freedoms, the South African Constitution, and the Constitution of India to shape clauses. Key provisions addressed separation of powers as debated in works about the Federalist Papers, The Federalist No. 51, judicial review paradigms from the Marbury v. Madison decision, and legislative competence influenced by decisions such as R (Miller) v Secretary of State for Exiting the European Union. Textual changes included amendments to provisions analogous to those in the Constitution of Spain, Constitution of Italy, Constitution of Brazil, and the Constitution of Mexico reflecting comparative constitutionalism.

Campaign and Public Debate

Campaigns engaged organizations like Amnesty International, Human Rights Watch, Transparency International, Greenpeace International, International Crisis Group, and trade unions such as the American Federation of Labor and Congress of Industrial Organizations, Trade Union Congress (UK), and Deutscher Gewerkschaftsbund. Media coverage involved outlets including BBC News, The New York Times, The Guardian, Le Monde, Der Spiegel, Al Jazeera, CNN International, The Washington Post, and Reuters. Prominent public intellectuals and legal scholars from institutions such as Harvard Law School, Yale Law School, University of Oxford, University of Cambridge, Sciences Po, and the London School of Economics published analyses; advocates referenced historical movements like Solidarity (Poland), Civil Rights Movement, May 1968 events in France, and Arab Spring in rhetorical framing. Social media platforms including Twitter, Facebook, YouTube, Telegram (software), and WhatsApp were central to mobilization, while election observers from the Organization for Security and Co-operation in Europe, European Commission, and national election commissions monitored campaigns.

Conduct and Voting Process

Administration of the vote involved electoral management bodies comparable to the Electoral Commission (United Kingdom), the Federal Election Commission, the Election Commission of India, and national registrars such as the National Electoral Institute (Mexico) and Conseil Constitutionnel (France) in advisory roles. Procedures cited logistics used in the 2020 United States presidential election, the 2019 United Kingdom general election, the 2018 Brazilian general election, and the 2017 French presidential election for early voting, absentee ballots, and pandemic-era safeguards inspired by World Health Organization guidance. Security arrangements referenced cooperation with law enforcement agencies such as the Metropolitan Police Service, the Federal Bureau of Investigation, the Bundespolizei, and international police coordination via Interpol. Technologies referenced included voter-registration databases used by the Electoral Commission (South Africa), biometric systems employed in the Kenyan general election, 2017, and ballot-counting processes comparable to those in the Australian Electoral Commission.

Results and Immediate Aftermath

Official tallies were certified by bodies similar to the Supreme Court of Canada, the Constitutional Court of South Africa, and the High Court of Australia, with international reaction from entities like the European Council, the United Nations Security Council, and the International Monetary Fund. Prominent politicians such as Emmanuel Macron, Vladimir Putin, Narendra Modi, Justin Trudeau, and Scott Morrison issued statements framed by comparative precedent. Mass demonstrations drew comparisons to protests in Hong Kong (2019–2020), Yellow Vests Movement, Gezi Park protests, and Soweto Uprising in scale or symbolism. Economic markets reacted similarly to events like the Brexit referendum, with commentary from financial institutions including the Bank for International Settlements, European Central Bank, and Federal Reserve System.

Litigation ensued in forums akin to the International Criminal Court, the European Court of Human Rights, and national apex courts like the Supreme Court of the United States; petitioners included civic groups such as Human Rights Watch and political parties comparable to the Labour Party (UK) and Liberal Democratic Party (Japan). Implementation processes referenced constitutional amendment procedures comparable to those in the United States Constitution, Constitution of Ireland, Constitution of Australia, and the Basic Law (China), while transitional arrangements mirrored plans used after the German reunification and the South African transition to democracy. Outcomes prompted scholarly commentary from centers including the Brennan Center for Justice, European University Institute, Hoover Institution, and Brookings Institution.

Category:Referendums