How can a referendum be used to ratify a constitution?

A referendum is a mechanism of direct democracy used to ratify a constitution by submitting the proposed document directly to the electorate for approval. This process serves as a formal expression of popular sovereignty, allowing citizens to participate directly in the foundational law-making of their state.12

In practice, the use of referenda for constitutional ratification varies by jurisdiction:

• Mandatory Procedures: Some nations, such as Switzerland, have established mandatory referenda for all constitutional amendments, ensuring that any change to the fundamental law must be approved by the people.1
• Ad Hoc Ratification: In many other countries, governments may call for a referendum on an ad hoc basis to seek public legitimacy for a new constitution or a major constitutional settlement. This has been utilized in various nations, including Bolivia, Chile, Kenya, Russia, Spain, and South Africa.1
• Institutional Frameworks: The process is often governed by specific constitutional articles. For example, in France, the president may submit certain bills to the people, and the constitution provides for referenda to ratify amendments passed by parliament.3

While referenda can enhance democratic participation, they are often viewed as a supplement to representative systems rather than a total replacement, helping to resolve significant issues of state structure and sovereignty.12