Initiative
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In political science, the initiative (also known as popular or citizen's initiative) provides a means by which a petition signed by a certain minimum number of registered voters can force a public vote on a proposed statute, constitutional amendment, charter amendment or ordinance, or, in its minimal form, to simply oblige the executive or legislative bodies to consider the subject by submitting it to the order of the day. It is a form of direct democracy. It has also been referred to as "minority initiative," thus relating it to minority influence [1]. Furthermore, it is, in itself, a politically neutral tool, despite its name which refers it to the "people." It can be used as well for conservative proposal as for progressive ends.
The initiative may take the form of either the direct or indirect initiative. Under the direct initiative, a measure is put directly to a vote after being submitted by a petition. Under the indirect initiative, a measure is first referred to the legislature, and then only put to a popular vote if not enacted by the legislature. In United States usage, a popular vote on a specific measure is referred to as a referendum only when originating with the legislature. Such a vote is known, when originating in the initiative process, as an "initiative," "ballot measure" or "proposition."
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[edit] Brief history of popular initiative
The initiative is only available in a certain minority of jurisdictions. It was included in the Swiss Federal Constitution in 1891, permitting a certain number of citizens to make a request to amend a constitutional article, or even to introduce a new article into the constitution. Right of initiative is also used at the cantonal level in Switzerland. However, a citizen-proposed law cannot be passed in Switzerland at the national level if a majority of the people approve, but a majority of the states disapprove.
Provision for the initiative was included in the 1922 constitution of the Irish Free State, but was hastily abolished when republicans organised a drive to instigate a vote that would abolish the Oath of Allegiance. The initiative also formed part of the 1920 constitution of Estonia.
[edit] Initiative in the United States
In the United States the initiative is in use, at the level of state government, in 24 states and the District of Columbia [1], and is also in common use at the local and city government level. The initiative has been recognised in the US since at least 1777 when provision was made for it by the first constitution of Georgia.
However, the modern U.S. system of initiative and referendum originated in the state of Oregon in 1902, when the state's legislators adopted it by an overwhelming majority. The "Oregon System", as it was at first known, subsequently spread to many other states, and became one of the signature reforms of the Progressive Era (1890s-1920s). Well known U.S. initiatives include various measures adopted by voters in states such as Washington, Oregon, California, Massachusetts and Alaska.
[edit] Others
The rejected Treaty establishing a Constitution for Europe (TCE) included a limited indirect initiative right (Article I-46(4)). The proposal was that 1,000,000 citizens, from a minimal numbers of different member states, could invite the executive body of the European Union (EU), the European Commission, to consider any proposal "on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Constitution." The precise mechanism had not been agreed upon. Critics underlined the weakness of this right of initiative, which did not ultimately entail any vote or referendum.
A restricted, local, indirect initiative was introduced on 28 March 2003 in the French Constitution in the frame of the decentralization laws (article 72-1, référendum d'initiative locale.) However, it is only the initiative to propose to the local assembly (collectivité territoriale) the inscription of a subject to the order of the day. The local assembly then takes the decision to submit, or not, the question to popular referendum.
[edit] References
- ^ French specialist of Constitutional law, Olivier Duhamel, speaks of an initiative minoritaire in Droit constitutionnel (1994), tome 2 Les Démocraties, 3×10{{{1}}} édition, Éditions du Seuil, coll. « Points / Essais » nº 414, Paris, 2000 ISBN 2-02-038982-7 p. 234–235
[edit] See also
- Direct democracy (history in the United States)
- List of politics-related topics
- List of Arizona ballot propositions
- List of California ballot propositions
- List of Oregon ballot measures
- List of Washington initiatives
- Recall election
- Initiative and referendum
- Referendum
- Bond measure
