Are referendum results binding?

Constitution 1993 (last amended in 2011)

Article 78. Mode of exercise of legislative power

(3) When a bill has been passed by the National Assembly it shall be sent to the Senate and

(a) when it has been passed by the Senate and agreement has been reached between the  two Houses on any amendments made to it by the Senate; or

(b) when it is required to be presented under section 80 of this Constitution, it shall be presented to the King for assent.

(4) When a bill has been presented to the King for assent in pursuance of subsection (3), he shall signify that he assents or that he withholds assent.

Article 84B.

1. The King may, on the advice of the Prime Minister order that a referendum be conducted to obtain the opinion of the electors on any matter he considers to be of national interest.

2. Parliament may make provision fo rthe conduct of a referendum.

Article 85. Alteration of Constitution

(1) Subject to the provisions of this section, Parliament may alter this Constitution.

(2) A bill for an Act of Parliament under this section shall not be passed by Parliament unless it is supported at the final voting in the National Assembly by the votes of the majority of all the members of the Assembly and, having been sent to the Senate, has become a bill that, apart from this section, may be presented to the King for his assent under subsection 80(1) or (3) as the case may be, of this Constitution.

(3) A bill to alter any of the following provisions of this Constitution, that is to say –

(a)    this section, sections 1(1) and 2, Chapter II except sections 18(4) and 24(3), sections 44 to 48 inclusive, 50(1) to (3), 52, 86, 91 (1) to (4), 92, 95, 103, 104, 107, 108, 118(1) and (2), 119(1) to (3), 120(1), (2), (4), and (5), 121, 123(1), (3), (4), 125, 128, 129, 132, 133 and sections 154 and 155 in their application to any of the provisions mentioned in this paragraph; and

(b)   sections 37, 38, 54 to 60 inclusive; sections 66, 66A, 66B, 66C and 66D, 67, 68, 69(1) and (6), 70, 74, 75(1), 78(1), (2), (3) and (4), 80(1), (2), and (3), 82(1), 83 and 84; sections 134 to 142 inclusive, 150 and 151 and sections 154 and 155 in their application to any of the provisions mentioned in this paragraph,

shall not be submitted to the King for his assent unless the bill, not less than two nor more than six months after its passage by Parliament, has, in such manner as may be prescribed by or under an Act of Parliament, been submitted to the vote of the electors qualified to vote in the election of the members of the National Assembly, and the majority of the electors voting have approved the bill:

Provided that if the bill does not alter any of the provisions mentioned in paragraph (a) and is supported at the final voting in each House of Parliament by the votes of no less than two-thirds of all the members of that House it shall not be necessary to submit the bill to the vote of the electors.

For mandatory referendums, once a bill to amend the constitution is sent to the King, he can either give or withhold his assent. It is unclear whether the King’s assent is more than a formality. The Constitution does, however, give the King the right to withhold his assent. Article 85 of the Constitution was amended in 1997. 

Optional referendum are conducted to obtain the opinion of voters (Art. 84).