background

Articles

Referendum Rights in the Era of Digital Democracy: Legal Perspectives and the Challenges of Artificial Intelligence

Abstract

Referendums are among the most direct expressions of popular sovereignty, enabling citizens to decide upon matters of national and constitutional importance without intermediation by elected representatives [1]. The legitimacy of referendums depends not only on procedural accuracy but also on public trust, transparency, and fairness [2]. The rapid integration of digital technologies, particularly artificial intelligence (AI), into referendum administration presents both significant opportunities and unprecedented risks [3]. On the one hand, AI-driven tools can strengthen democratic governance by improving voter identification, safeguarding voting integrity, combating disinformation, and enhancing administrative efficiency [4]. On the other hand, AI also raises acute legal and ethical challenges, including opacity in algorithmic decision-making, privacy violations, bias, and susceptibility to manipulation [5,6]. Drawing upon international standards such as the OSCE/ODIHR guidelines, the European Union’s General Data Protection Regulation (GDPR), and United Nations initiatives, this article argues for a legal framework grounded in ethics, privacy, and independent oversight. The future of referendum rights in the digital era will depend on the capacity of legal systems to regulate AI in a way that enhances legitimacy while safeguarding democratic values.