Bavaria, Germany, regional Obligatory referendum [LOR] - Volksentscheid [Verfassungsänderung]

General Typology

Instrument
Obligatory referendum [LOR]
Location
Bavaria, Germany
Political level
regional
Local Name:
Volksentscheid [Verfassungsänderung]
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:
Art. 75

(1) The Constitution can only be changed by way of legislation. Motions for changes of the Constitution which are opposed to the fundamental ideas of democracy of the Constitution shall be inadmissible.

(2) Resolutions of the Bavarian State Parliament for a change of the Constitution shall require a majority of two thirds of its members. They must be presented to the people for decision.

(3) The Bavarian Constitutional Court shall rule on disputes as to whether the Constitution should be changed by a law or whether a motion aims for an inadmissible change of the Constitution.

(4) Changes of the Constitution must be included in the wording of the Constitution or in an annex.

References: Constitution of the Republic („Freistaat“) of Bavaria, 1998, (2014)

Article 88 Referendum on decisions of the State Parliament (Landtag) to amend the Constitution

(1) The adopted constitutional amendments by the parliament are to present to the people for their decision.

(2) For the conduct of the referendum, articles 75, 76 para 1 and 3, article 77 sentences 1 and 2, art. 78, 80 and 81 apply accordingly.

(3) A constitutional amendment adopted by the Parliament is adopted by referendum if it receives more valid Yes-votes as No-votes.

References: Gesetz über Landtagswahl, Volksbegehren, Volksentscheid und Volksbefragung, 2002, (2015)

Subject Matter:

To call a referendum on an amendment of the constitution

Actors

Author:
Parliament
Initiator:
Law
Decision maker:
Electorate

Requirements

Available Time:
Turnout Quorum:
None
Approval Quorum:
Majority of valid Yes-votes
Geographical Quorum:
None
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:

Yes/No-question

Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:
The English language version here is provided as a courtesy. The German language text is the official version.