Deliberative referendum
{{Direct Democracy}}
A deliberative referendum is a referendum that increases public deliberation through purposeful institutional design.Levy, Ron (2013) "Deliberative Voting: Realising Constitutional Referendum Democracy" Public Law:557 The term "deliberative referendum" stems from deliberative democracy,:509 which emphasises that "the legitimacy of decisions can be increased if...decisions are preceded by authentic deliberation.":903 Deliberative design features can promote public deliberation prior to and during the referendum vote to increase its actual and perceived legitimacy.Leib, Ethan J (2006) "Can Direct Democracy Be Made Deliberative?" 54 Buffalo Law Review:910 Deliberative referendums encourage open-minded and informed reasoning, rather than rigid "pre-formed opinions".:508-512 "[A]fter deliberations, citizens routinely alter their preferences".:910
In practice, a deliberative referendum includes a variety of institutional design features. These include using a citizens' jury to set referendum questions and educate the public, further public education via mandatory interactive tutorials before voting, and focusing referendums on broad values rather than technicalities.Levy, Ron (2017) "The Deliberative Case for Constitutional Referenda" Election Law Journal p. 214-215. Some authors note how legal regulation can also aid referendum deliberation.:523
One deliberative referendum method is the Citizens' Initiative Review; this is a randomly-selected body, similar to a citizen's jury, convened specifically to deliberate on a ballot initiative or referendum that voters in the same jurisdiction (such as a city, state, province, or country) will later vote on.John Gastil and Robert Richards, "Making Direct Democracy Deliberative Through Random Assemblies" (2013) 41(2), Politics & Society
Constitutional deliberative referendums can "provide citizens with a meaningful say in determining the most fundamental constitutional decisions that affect their lives".Tierney, Stephen (2013) "Using Electoral Law to Construct a Deliberative Referendum Moving Beyond the Democratic Paradox" 12(4) Election Law Journal:510 Voter deliberation is significant here as the referendum result could change the state's political status or impact the enjoyment of human rights.:559