REFERENDUM IN CANADA

Abstract

In the first part of the article, the author gives a brief theoretical view of the institution of the referendum and the development of constitutionalism in Canada, since its beginnings in the nineteenth century, through the federal crisis of the seventies of the twentieth century, to unsuccessful efforts to find a compromise between the province of Quebec and the rest of Canada. In the second part of the article discusses the legal framework of the institution of referendum and referendums that are held both at the federal level and the provinces of Canada.

A referendum, as a way that enables the citizens to participate in decision-making important for them, has been used in Canada since the beginning of the twentieth century, but the peak occurred at the end of this century, by adopting extremely important decisions for the survival of the Canadian federation. If we look at federal and provincial levels of calling a referendum is disproportionate in favor of the provinces, because on the federal level referendum is only been called three times. So far any referendum that was held, was consultative, without the obligation to respect the results. But probably that the referendum results would be different in Quebec, the government of the province would certainly endeavored to comply with the will of the people and negotiate its sovereignty.