Referendum and initiative
A referendum and initiative are mechanisms that enable voters to directly express their preferences on legislation and policy issues, embodying the principles of direct democracy. In a referendum, citizens have the opportunity to approve or reject laws passed by their legislature, often requiring a minimum number of signatures to bring issues to a vote. Initiatives allow voters to propose new laws or amendments to existing laws, also typically necessitating a petition process. These practices serve as checks on governmental power, ensuring that elected representatives remain accountable to the electorate.
Historically, the concepts of referendum and initiative trace back to ancient Greece, where early forms of direct democracy were practiced. Over time, various countries have implemented these tools, with Switzerland noted for its comprehensive embrace of direct democracy. In the United States, while national referenda are absent due to constitutional constraints, many states have adopted these processes at local levels, addressing a range of issues from taxation to social policies.
Though often celebrated as a means of empowering citizens, referenda and initiatives can also provoke debate regarding their impact on governance, with some critics arguing they may undermine representative democracy. Regardless, these democratic tools continue to evolve and shape political landscapes in numerous regions across the globe.
Subject Terms
Referendum and initiative
Two actions that give voters a means to express the will of the people are referendum and initiative. Voters fulfill the direct democratic ideal by proposing and voting on issues and legislation through referenda and initiatives; there are binding and non-binding referenda and initiatives. A referendum gives voters the opportunity to endorse or strike down legislation passed by their lawmakers. In all but one US state (Wyoming), a law passed by a legislature does not take effect if voters muster enough signatures to put the law up for popular vote on the ballot, and voters defeat the law. Voters can initiate laws and constitutional amendments by having their propositions put on a ballot if advocates gather enough petition signatures to qualify.
Referendum and initiative are used in dozens of countries; they are the primary means of limiting the power of government. Judicial review of referendum and initiative checks and ensures compliance with a nation’s constitution.
Background
Greece, known as the cradle of democracy, initiated referendum and initiative 2,500 years ago; property owners were the first voters. In 500 BCE, all freemen were given the right to vote—excluding women and slaves. The English word electorate has its origins in the Greek word ecclesia, which means an assembly of voters. Greek citizens had the right to propose initiatives for legislation. Aristotle wrote a constitution for Athens, and a council of five hundred was assembled to pass laws including those proposed by citizens.
Modern democracy was born in France, followed by a referendum for a new constitution in 1793. Direct democracies flourished throughout the American colonies from 1640 onward with referenda and initiatives. The U.S. Constitution from the referendum and initiative process excluded voters on the national or federal level. This meant direct democracy was left open and available to voters at the state and local levels across the nascent, but expanding, country.
Democracy in Switzerland was embedded between 1831 and 1890 through referenda and initiatives. Its constitution of 1874 and its amendment of 1991 directly provide for referendum and initiative. It is the only democracy giving citizens the right to propose laws through direct initiative. Some analysts suggest this pressure valve helps keeps the peace in Switzerland, comprised of twenty-six cantons and people speaking four different languages and living four cultures.
Austria, Denmark, France, Germany, Greece, and other democracies adopted the means of binding national referenda over the past fifty years. In the past two hundred years, eight hundred referenda have been introduced in these democracies—four hundred of them in Switzerland.
The four major democracies in the world that have never held national referenda are India, Israel, Japan, and the United States. The U.S. Constitution confers all legislative powers to Congress, so holding national referenda and initiatives would require an amendment to the Constitution.
Nazi Germany held a national referendum in 1934; the people voted to dissolve Germany’s democracy and enshrine Hitler as chancellor with dictatorial powers.
Referendum and Initiative Today
In 1898, voters in South Dakota adopted a system of referendum and initiative, shortly followed by Oregon. Other states patterned their systems of referendum and initiative after the Oregon system. Referenda and initiatives primarily address financial and tax issues, social/political policies, and recall of elected officials.
Since 1912, Ohio voters have been able to initiate constitutional amendments and new laws, overturn laws, and approve or deny amendments passed by the Ohio legislature. There have been sixty-seven initiatives since 1913 and referenda on 151 amendments the legislature has proposed. More recently, three initiatives have taken place to set term limits on elected officials.
California and Oregon have used the initiative and referendum more than other states. California initiatives dramatically changed the political landscape. The wildly popular 1978 Proposition 13 and 1988 #98 initiatives cut state spending on elementary and high school education; another established term limits for state senators and legislators; and in 2010, voters established a new redistricting system. Seventy-two percent of California voters believe the citizenry does a better job on public policy decisions than elected officials.
The most controversial initiative and referendum that changed the culture and law in recent years was the 2012 passage of Colorado amendment 64. It was a successful popular initiative amending the state constitution legalizing marijuana for recreational and medicinal use. In 2015, Ohio voters defeated a measure to legalize marijuana growing for medical use, but other states like Washington, Maine, and California have either recently approved initiatives or will be voting on them in 2016 and 2017 to legalize the possession and use of medical marijuana.
The Canadian province of British Columbia is the only province in which voters can propose new laws or changes to existing laws. In British Columbia, signatures from 10 percent of registered voters are required. Since 1995, British Columbians have sought through direct democracy to require government to balance the budget, remove certain school tax levies, alter government pensions, prohibit hunting of bears, establish a Child Services Equality Act, change the electoral system, and address the issue of armed police.
In Switzerland, a mere 2 percent of the voters are required on petitions to initiate a referendum and initiative. On February 9, 2014, a slim majority of Swiss voters approved an initiative against mass immigration. Inserting a new paragraph into the Swiss Constitution, voters demanded the Swiss have independent control over its immigration policy and not be forced by the European Union and other leaders to accept mass immigration. The initiative further stipulates that employers give priority to Swiss nationals in hiring.
Voters in Britain held a referendum June 23, 2016, put forth by the national government that resulted in Britain withdrawing its membership in the European Union. Part of this decision had to do with mass illegal immigration of refugees from North Africa to Afghanistan, but primarily from war-torn Syria. In France, Ireland, Australia, and Italy, popular referenda are required to amend their constitutions under varying circumstances.
Elected officials tend to oppose referendum and initiative because it usurps the authority of elected officials already guided by a system of checks and balances. One man called referendum and initiative a means to "mob rule."
Bibliography
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Li, Chang-Lin. "The Rising Initiative and Referendum for the Replacement of the Decline of Parliaments." International Relations and Diplomacy 3.3 (2015): 220-28. Print.
"Initiative and Referendum in the 21st Century." NCSL Initiative and Referendum Task Force. National Conference of State Legislatures. National Conference of State Legislatures, 2002. Web. 21 May 2016.
"The European Citizens’ Initiative." European Commission. European Commission, 15 April 2016. Web. 21 May 2016.
"What is the Background and History of Initiatives?" InitiativesAmendment.org. Citizens for U. S. Direct Initiatives, 2016. Web. 21 May, 2016.
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