Legislative plebiscite: a manifestation of democracy in the realm of legislation

A legislative plebiscite or referendum, based on which people act directly as legislative authority, has been envisaged in the Constitution of Iran, but the details of its enforcement have remained equivocal so far due to the lack of application as an exceptional legislative procedure. The purpose of this study was to study the applied effects of this process, the quality of its use, and the methods assuring this category by a descriptive-analytical method. The results indicated that plebiscite is viewed as an adjunct to it rather than an alternative to representative democracy. It is thus necessary to make the criteria of legislative plebiscite transparent and fair because there is a risk of abusing this type of direct public participation tool. The procedure for holding a referendum should be one way or another illustrated in the Constitution or at least in ordinary laws. In the phase of enforcement, some issues such as the type of plebiscite, the content of plebiscite question or subject, time of holding it, and the deadline for its approval and results should be clearly delineated. Applying for a plebiscite should not be legally undertaken by an official or institution but with the participation of two or more authorities. A plebiscite cannot violate the ideals and objectives of that system. Overseeing a plebiscite should be undertaken by an impartial and independent body from a legislative and executive power.