ABSTRACT
Referendums are often portrayed as instruments that are dangerous to rights and freedoms, particularly in the case of minorities. The supposed opposition between referendums and freedoms is, however, revealing of the evolution of the very notion of democracy. In Europe, even in the case of constitutional provisions that discriminate or threaten individual freedoms adopted by referendum, a final appeal can be lodged with the European Court of Human Rights, which may declare the decision incompatible with the Convention. A great many studies have been done on the dangers of referendums to minorities in the United States and, more recently and to a more limited extent, in Switzerland. F. Hamon breaks the various types of referendums into two groups: 'top-down' referendums instituted by representatives and 'grass roots' referendums triggered by citizens themselves through popular initiatives. Such 'grass roots' referendums are suspected of generating greater risks to freedom than 'top-down' referendums.
