Home > 5.1 Nature of the referendum > Report on Term-Limits Part I - Presidents
 
 
 
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Paragraph 129
 

While approval by referendum may strengthen the legitimacy of the constitutional amendment, in the Commission’s view for constitutional reform it is equally legitimate either to include or not include a popular referendum as part of the procedure. However, recourse to a referendum should not be used by the executive in order to elude parliamentary amendment procedures. Popular referendums aimed at abolishing limits on presidential terms are particularly dangerous, to the extent that it is usually the incumbent who – directly or indirectly – calls on the referendum and the referendum itself is a manifestation of such plebiscitarian power which limitations on presidential mandates seek to prevent. Recourse to a popular referendum to lift or amend limits on presidential re-election should therefore be confined to those political systems in which this is required by the constitution and is applied in accordance with the established procedure, and should not be used as an instrument in order to circumvent parliamentary procedures, or to undermine fundamental democratic principles and basic human rights.