THE EMPLOYMENT OF THE PLEBISCITE IN 

 THE DETERMINATION OF SOVEREIGNTY 



CHAPTER I 

 Introduction 



In its common application the term plebiscite is gener- 

 ally used as the equivalent of the principle of popular con- 

 sent. For practical purposes this is not incorrect. To the 

 popular mind the two terms are indeed identical. How- 

 ever, technically speaking, the principle of popular consent 

 represents an end in itself, the right of the people to decide 

 by simple or larger majority vote matters of government 

 or state, while the term plebiscite denotes merely the mode 

 of expressing or withholding such popular approval of each 

 measure submitted. 



Modern authorities define the plebiscite as " a direct vote 

 of the whole of the electors of a state to decide a question 

 of public importance, e. g., a proposed change in the con- 

 stitution, or the ratification or rejection of a measure ap- 

 proved by the legislature . . . also by extension, a public 

 expression, with or without binding force, of the wishes or 

 opinion of a community."^ Within the scope of this defi- 

 nition the term is identical with the modern referendum 

 which the same authority describes as " the practice or prin- 

 ciple (chiefly associated with the Swiss constitution) of 

 submitting a question at issue to the whole body of voters."' 



1 J. A. H. Murray. A New English Dictionary, Oxford. 1888—, Ple- 

 biscite 2. Referendum i. 



* fiiniie (le Laveieye in " I.a democratie et le reKimc parlomcn- 

 taire " distinKuisiies between wlial' Murray defines as tlie plebiscite 

 and tbe referendum, referring to the former as " direct legislation 

 by the people, as practiced in the democracies of ancient Greece and 



II 



