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11018 posts

Uber Geek

  # 2353631 15-Nov-2019 07:44
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Which would be a shame if they back tracked it is after all democratic vote , My vote would be a definite yes and I would like to think it would be honoured if that was the majority consensus.

Opinion polls consistently give close to 70% support for this in general. It would have to be a bad bill to lack that support at the referendum.

357 posts

Ultimate Geek

  # 2353717 15-Nov-2019 09:00
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Is this a binding referendum regardless of who gets into power ??



I think that the strict answer to that has to be no.  Parliament makes laws, convention says that they should respect the binding nature of a referendum even if they opposed it, but it doesn't stop them from either not enacting it, or reversing any legislation on a whim (ie: even if recreational marijuana use was legalised, it could be made illegal again). So even if a party says they'll honour the referendum they can change their mind - but that could probably be political suicide.


I think in Aus, there's mention of "referenda" as binding in their formal constitution.  The easy way around that is to have a Claytons' referendum - by calling it a plebiscite - thus effectively a non-binding "poll".  Thus the "plebiscite" they had a couple of years ago on marriage laws, non binding, a government full of religious extremists and assorted nutters, but they honoured the result anyway.







I think the principle is Parliament is absolutely sovereign. So theoretically, if the referendum passes there is nothing to stop a future government from passing a euthanasia repeal act that reverses it. The law is not entrenched in any way so it will only require a stright 50%+1 majority in the house to change it. Obviously with an estimated 70% public support for it it will be unlikely for a party to go strongly against it.

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