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."
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 and communal 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.
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 recognized in the
US since at least
1777 when provision was made for it by the first constitution of Georgia.
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.
The first attempt to get 'National' ballot initiatives occurred in
1907 when House Joint Resolution 44 was introduced by Rep. Elmer Fulton of Oklahoma. In
1977, both the Abourezk-Hatfield (National Voter Initiative) and Jagt Resolutions never got out of committee.
Senator Mike Gravel (now a Presidential candidate) was part of that effort. Gravel since discovered a way to get a new proposal, the
National Initiative for Democracy, into the Constitution without asking Congress. Registered U.S. voters can now vote at http://Vote.org to ratify the National Initiative, much as citizens—not the existing 13 State Legislatures—ratified the
Constitution at the Constitutional conventions.
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.
References
1. French specialist of Constitutional law, Olivier Duhamel, speaks of an ''initiative minoritaire'' in ''Droit constitutionnel'' (1994), tome 2 ''Les Démocraties'', 3 édition, Éditions du Seuil, coll. « Points / Essais » nº 414, Paris, 2000 ISBN 2-02-038982-7 p. 234–235
See also
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Direct democracy (history in the United States)
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List of politics-related topics
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List of Arizona ballot propositions
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List of California ballot propositions
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List of Oregon ballot measures
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List of Washington initiatives
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Recall election
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Initiative and referendum
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Referendum
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Bond measure
External links
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The Research Centre on Direct Democracy
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Presidential Candidate & Senator Mike Gravel's National (ballot) Initiative for Democracy
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OUR SAY - British campaign for Citizens' Initiatives
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I&R Campaign for Direct Democracy in Britain
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Initiative and Referendum Institute
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IRI-Europe
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National Initiative for Democracy
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NCSL Ballot Measures Database