Abstract:
I argue that citizens initiated referenda (CIR) should be legally binding. While referenda are an established part of New Zealand’s constitutional framework, ordinary citizens only have the power to initiate nonbinding CIR. A system of binding CIR (BCIR) would be an improvement. Firstly, BCIR would give greater respect to individual citizens’ rationality, freedom and equality. Secondly, BCIR would make New Zealand more democratic. Thirdly, BCIR would have a number of instrumental benefits. Various arguments can be advanced in defence of the current representative democratic paradigm. They include common arguments such as those regarding voter incompetence, tyranny of the majority, and incompatibility with current governing arrangements. They are all flawed. In short, the people can be trusted to govern themselves. I finish my argument by providing an example of how the process of direct democratic lawmaking might work in New Zealand. It differs significantly from the current CIR process, but I do not mean to set it in stone. I use it to show how proper institutional design can refute some counterarguments. The final form will be decided upon by the people and their representatives.
