Popular initiative: Direct and indirect democratic proposals

A popular initiative, or citizens’ initiative, enables a proposal to be forced into court through a petition meeting specific requirements. Direct initiatives put proposals directly to a vote, while indirect initiatives refer proposals to lawmakers first.

By Douglas Wade, Attorney

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Table of Contents

1. Introduction

2. Types of Initiatives

3. Country-wise Initiatives

Introduction

In a popular initiative, also known as a citizens’ initiative, a proposal can be forced into court through a petition that meets specific requirements. This is a type of direct democratization. The petition must clear different obstacles in each country, usually gathering the endorsements of a minimum number of individuals who possess the right to vote.

Referred to as a citizen-initiated or popular-initiated referendum, direct initiatives involve putting the proposal right away for a vote or plebiscite.

Indirect initiatives involve referring a proposed proposal to the lawmakers first. Should the legislature reject the law as proposed, the government might then be compelled to submit the idea to a vote. A proposition could be made on a local, state, federal, charter amendment, statute, or constitutional amendment that requires the legislature or executive branch to take it up for consideration by the closure of the working day. On the other hand, voters in a widely supported referendum could only vote to overturn current laws.

Types of Initiatives

1. Direct Initiatives

With direct initiatives, a proposition is put straight on a ballot for respondents to approve or disapprove. Legislative approval of the proposal is not required beforehand.

2. Indirect Initiatives

A legislature votes on indirect initiatives when enough signatures are gathered from the electorate. In most places, the legislation is only put to a further popular vote if it has been changed by the legislative body.

3. Agenda setting initiatives

Legislation that is brought before a legislature via petition is known as an agenda-setting initiative. Without the public’s vote, the legislature can decide whether to accept or disapprove the plan. An officially enforceable indirect or direct initiative is less frequent than this one.

Country-wise Initiatives

1. Americas Initiatives

Brazil Initiatives

Before an initiative for a widely supported law is submitted to the National Congress in Brazil, it must receive the signed petitions of at least one percent of the country’s registered voter base and a minimum of 0.3% of the eligible voters in every one of a minimum of five of the country’s 27 federal units (the twenty-six states along with a single federal district). Congress must consider and decide whether to hold the initiative if both requirements are satisfied.

Canada Initiatives

British Columbia Initiatives

An initiative statute for citizens, the Recall & Initiative Act, was passed in British Columbia (Canadian Province). Over eighty-three percent of people backed the initial proposal, which was brought to a vote in 1991 (October). Later, the NDP administration that took office enforced it. Of the fourteen attempts that were made since the law went into effect in 1995, just one has been successful in pressuring the government to enact legislation or call a vote on the matter.

Only a single one obtained the necessary signatures from ten percent of British Columbia’s voter base in every riding. Owing to this success, the government conducted the 1^st referendum permitted by the Act, on the abolition of the Harmonized Sales Tax, in 2011 (September). The Election BC website has information about how it’s utilized in British Columbia.

United States Initiatives

In the US, a public vote on something is only called a referendum if it seeks to uphold or amend a state legislature-passed act. There are several terms for an initiative, including “proposition,” “ballot measure,” and “initiative measure.”

While the initiatives are not used at the federal level in the US, they are widely used at the state and local government levels in twenty-four states as well as the District of Columbia.

“All legislative authority herein granted” is bestowed to the United States Congress by Section I, Article I, of the US Constitution. The creation of a national initiative process would probably necessitate a constitutional amendment, which would, in accordance with Article V, require the ratification of the proposal by three-quarters of state legislatures (or agreements in three-quarters of the states) and the proposal by two-thirds of both chambers of Congress or the approval of two-thirds of any state legislature. In accordance with Article VII, state conventions as opposed to referendums ratified the actual Constitution.

Initiating a national referendum has been suggested multiple times. Indiana’s Louis Ludlow presented the Ludlow Amendment, which would have required a nationwide referendum before declaring war—aside from invasion or attack—many times in the House of Representatives between 1935 & 1940. On 10^th January 1938, the House rejected the amendment by a margin of 209 to 188, falling shy of the required two-thirds majority needed to pass, but it went the furthest towards defeating the discharge petition.

There have still been unsuccessful efforts to enact initiatives, but as the propositions were laws rather than constitutional modifications, no initiative ever has been properly voted on regardless of the legislation passed. In 1907, Oklahoma’s Representative Elmer Fulton sponsored House Joint Resolution 44, the first effort at a national ballot proposal. However, the idea never went to a vote. National Voters Proposal by Abourezk-Hatfield and the Jagt Resolutions failed to advance from the panel in 1977. Included in the endeavor was Senator Mike Gravel.

By a public vote of 23816 versus 16483, South Dakota adopted referendums and initiatives in 1898, setting the precedent for the current system of initiatives and referendums in the United States. In 1902, the legislative body of Oregon passed the law with a resounding majority, becoming the 2^nd state to ever do so.

As another hallmark transformation of the 1890 to 1920s Progressive Era, the “Oregon System” which it was initially called later extended to numerous other states. State Question and Initiatives programs are presently used in almost all states in the federation. One modern topic that is frequently resolved in this way is the legalization of marijuana.

2. Asia Initiatives

Philippines Initiatives

Philippine Constitution’s Article XVII Section 2 of 1987 consecrates the right of individuals to propose constitutional amendments. It reads as follows:

Moreover, the people themselves may directly propose amendments to the Constitution through an initiative petition signed by no fewer than 12% of all registered voters, with a minimum of 3% of all registered voters in each legislative district serving as a representative. After the Constitution is ratified, no amendment may be approved under this clause more frequently than one time in every 5 years.

The Initiative & Referendum Act, Republic Act 6735, provides further protection for this clause. According to the law, the initiative is:

A petition offering constitutional modifications.

A petition suggesting the adoption of national laws.

A petition to suggest the adoption of a local ordinance or resolution at the barangay, provincial, city, or regional level.

Additionally, the legislation defines indirect initiatives as an application of people’s power through a proposal submitted to a municipal or federal legislative entity for consideration.

3. Europe Initiatives

European Union Initiatives

A restricted right of indirect initiatives was incorporated in the failed Treaty creating the Constitution of Europe (TCE) (Article I-46(4)). The ECI (European Citizens Initiative) was proposed with the option for one million citizens, representing various member states, to invite the European Commission, the EU’s executive body, to look into any request “on subjects where citizens believe that an act of law of the European Union must be adopted for the objective of applying the Constitution.” There was disagreement over the specific mechanism. The principle of initiatives was criticized for being weak because it didn’t ultimately require a referendum or vote.

A restricted indirect initiatives option has been made possible by a comparable program known by the same name, the ECI, which was proposed in the recently signed European Lisbon Treaty and went into effect on 1^stDecember 2009. It requires the ratification of one million European citizens and operates under very similar guidelines to those found in Europe’s Constitution. By doing so, these citizens would be granted the same rights that the Council has enjoyed since the founding of the 1957 European Communities to ask the Commission to present a legislative initiative.

That being said, a “significant majority” of member nations must sign the document for it to be valid. It is estimated that this sizable portion will require approximately 25% of the member nations, with the effort receiving support from no less than 1/500 of those states’ populations. People find it quite difficult to traverse the European Union because of the wide range of languages spoken there. The treaty also states unequivocally that the privilege of initiatives shouldn’t be muddled with the ability to file a petition, especially since the former is directed towards the Commission and the latter is directed towards Parliament.

An initiative represents a grassroots request for fresh law, while a petition is a means of protest, typically centered on alleged violations of European Law. Currently, the European Citizens’ Initiatives are running open initiatives on a number of issues, such as “sanitation and water as a fundamental human right” (opposing water privatization), “30 km/h – which makes neighborhoods livable!” (calming traffic in towns), “The unconditional Basic Income” (UBI – Investigating a Path towards Liberating Welfare Situations), or prevent Ecocide in European Union” (granting Earth Rights).

Whether the ECI develops into an elaborate initiative or stays in its current form as an in-effect petition is still up in the air.

Finland Initiatives

An initiative may be submitted to the Finnish Parliament by any eligible citizen as of 1^st March 2012, according to the constitution. The initiative must have at least 5 sponsors in order to be considered. It must also include a direct proposition for a fresh bill or a resolution asking the relevant govt. agency to start writing a new law, together with justifications for the move. Proposals concerning a number of particular legislative problems may not be included in just one initiative.

A website run by Finland’s Justice Ministry publishes proposed initiatives for electronic signatures; paper signatures are also accepted. An initiative goes to the Parliament of Finland for review if it manages to gather the signatures of fifty thousand persons in a span of 6 months; if not, it expires. In accordance with the standard parliamentary process, the Parliament considers and debates citizen proposals in panels and has the authority to amend or change them. It is not limited to either rejecting or passing the initiatives in their current form.

Not even some months when “kansalaisaloite” became feasible was the first initiative to surpass the 50,000 milestone. Despite its demands, the measure was not approved by Parliament for the fur trade in Finland to be banned. The citizens’ proposal “Equal Marriages Regulation,” widely recognized by the campaign’s hashtag #IDo2013 (#Tahdon2013), was the first to be approved by the Parliament in Finland.

Although political discussion, decisions, and the creation of the new legislation proceeded into the next parliament session, the Parliament approved this initiative in the 2011–2015 legislative session. On 1^st March 2017, the recently passed law became operative. Twenty out of the twenty-four citizen proposals that passed the 50000 mark were either denied or approved by Parliament; of these, only 2 have been approved thus far: the “Equal Marriages Legislation” mentioned above and the “Motherhood Legislation” from the year 2015–16.

France Initiatives

Référendum d’initiative locale (Article 72-1) was adopted to the Constitution of France on 28th March 2003, as a part of decentralization changes, allowing for a restricted and indirect type of community initiative. All these “regional referendum initiatives” give the populace the authority to add proposals to the schedule of their neighborhood council meetings. The local council decides whether or not to put citizen propositions up for a referendum (vote).

The yellow vest movement suggested a citizens’ initiatives referendum. A “Référendum d’Initiative Partagée” allows citizens to present a proposal for legislation to the legislature; if they receive the support of 185 lawmakers and a signed petition of ten percent of the electorate, they may even request a referendum.

Germany Initiatives

Every German state is entitled to take the initiative. But there isn’t a federal citizens’ initiative in Germany’s constitution.

Ireland Initiatives

Since its adoption in 1937, the Irish Constitution has never included provisions for initiatives. The general population has been able to submit petitions to a joint committee of the parliament (Oireachtas) since 2012. The committee is required to formally look into the petitions, but it does not have to approve them. 83:16 votes in favor of permitting “citizens’ initiatives” generally, 80:19 votes in favor of permitting them explicitly for legislation, & 78:17 votes in favor of permitting them for changes to the constitution were cast by members of the Constitutional Convention during its 2013 (May-June) deliberations on Dáil electoral overhaul.

A sufficient level of public participation in law is achieved via the petition panel & the pre-legislative examination procedure, according to the Fine Gael–Labor administration, which rejected the suggestions in 2015 (April).

The privilege of initiatives was granted by the 48th article of the Ireland Free State’s 1922 Constitution. If an amendment in law was requested by more than fifty thousand people, the Oireachtas required 2 years to pass it; if not, 75000 citizens could apply for a vote (referendum). The biggest opposition party, Fianna Fáil, organized the lone attempt to use this clause in 1927 in an effort to have the Pledge of Allegiance abolished.

Fianna Fáil tried to present the petition to the lower house (Dáil) by 1928 (May) claiming 96000 signatures. In order to give the Dáil procedural committee more time to determine how to handle these kinds of petitions, the resolution was postponed. The 48th article of the Irish Constitution was hurried through by the Cumann na nGaedheal administration prior to the committee convening.

Poland Initiatives

According to Article 118, para 2, of the Polish Constitution of 1997, citizens’ legislative ideas are an inherent privilege in Poland. Any coalition with a minimum of 100,000 eligible voters may propose legislation to the lower house of the parliament in Poland, under the terms of the Constitution. A statute enacted on June 24, 1999, defines the specific procedure.

In accordance with the fifth article of the law enacted on the 24th of June 1999, individuals who want to start initiatives must form a committee with a minimum of fifteen members, which then constitutes a legal entity. Article 2 requires the committee to write the law and get a minimum of 100000 signatures. As per12th Article of the legislation, in the event, there’s a “legitimate doubt about the genuineness of the specified quantity of citizens’ signs, the Sejm’s Marshal will ask the National Electoral Commission for verification of the signatures within fourteen days of the compilation of signatures being lodged.” 21 days are given to the election commission to complete the verification.

The two anti- and pro-abortion citizen efforts from 2015–2016, which were supported by Black Protest demonstrations organized by female rights organizations, are among the most well-known citizen initiatives within Poland.

With around 400000 signatures (more than the necessary 100,000), United Poland’s citizens’ legislation initiative for stricter blasphemy rules in Poland was submitted to parliament in 2022 (October).

Romania Initiatives

The Citizens’ Initiatives have to be submitted to the legislative body for consideration, as per Article 74 in the Romanian Constitution. Communities of no less than 100,000 eligible Romanian citizens who live in a minimum of 25 percent of the country’s counties and who have gathered at least 5,000 signatures in each county are eligible to submit an Initiative, but those that deal with financial or foreign affairs do not come under this right. In the event that the campaign involves amending the Constitution, the team must consist of a minimum of 500000 citizens of Romania who are eligible to vote and who live in a minimum of fifty percent of the counties—at least twenty thousand in each county—according to Article No. 150 of the Romanian Constitution. Article 151 further stipulates that any changes made to it have to be ratified by a national referendum.

Switzerland Initiatives

The federal common initiative was incorporated into the Swiss national constitution (1891). It allows a specific number of people—currently 100000 signatures—to request a change to an existing article or to request the introduction of a new one within a period of eighteen months. The Swiss federal framework does not permit initiatives to establish normal non-constitutional legislation, although several cantons do. The privilege of initiatives is used as well at the communal and cantonal levels (all communes, all cantons wherever the direct constitutional citizens’ participation begins).

After 2 or 3 years, if the required number of backers is raised, the initiative will go to a plebiscite; this delay helps keep transient political ideologies out of the law. Whether they advise voting against or in favor of the proposed change, the government and the parliament will both publicly release their official positions, which will be made public.

The legislature has the authority to approve a different amendment proposal that will be put on the vote. In this scenario, voters will be casting two votes: one to indicate their inclination towards an amendment, as well another to indicate which amendment—the one of them from the proposal or one that has been put forward by parliament—they would prefer, should a majority of them choose to change.

In Switzerland, a national citizen-proposed amendment to the constitution must receive the support of both the vast majority of those voting in the canton and the national vote. Since the current system began in 1891, a large number of country’s initiatives have been introduced and failed to win the favor of voters. However, the initiatives have shown to be an effective means of pressuring the govt. to focus on issues that would otherwise remain off the political agenda, so closing the gap between the govt. and the populace.

United Kingdom Initiatives

Although a direct referendum would not be mandated by the government of the United Kingdom, there is a mechanism in place for citizens to create online petitions that are reviewed by a committee. With rare exceptions—such as when a comparable topic has already been discussed or when a debate is planned—any petition that receives 10,000 endorsements will prompt an answer from the government, and those that reach 100 thousand signatures will nearly always force it to explore holding a House of Commons debate on the subject.

The only people who can create a petition or sign it are citizens of Britain or those who reside in the UK. A dedicated website that includes information on when and how petitions will be discussed is where petitions can be started. Less than 100 thousand signatures on a petition will occasionally still be discussed. A petition advocating for the cancellation of Donald Trump’s (US President) official visit to the UK and other Brexit-related topics have been discussed in parliament using this technique.

4. Oceania Initiatives

New Zealand Initiatives

A public vote that is started by the people is referred to as a citizen referendum in New Zealand. Referendums having no legal force on any matter on which supporters have presented a petition before Parliament bearing the signatures of 10 percent of the total voters registered in a year are eligible for these.

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Popular initiative: Direct and indirect democratic proposals

Introduction

Types of Initiatives

Country-wise Initiatives

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