Direct Legislation by the Citizenship through the Initiative and ReferendumSullivan, J. W. (James William)
General
Direct Legislation by the Citizenship through the Initiative and Referendum
Sullivan, J. W. (James William)
Referendum
But the most serious objections to the optional form arise in connection
with the petitioning. Easy though it be for a rich and strong party to
bear the expense of printing, mailing, and distributing petitions and
circulars, in case of opposition from the poorer classes the cost may
prove an insurmountable obstacle. Especially is it difficult to get up a
petition after several successive appeals coming close together, the
constant agitation growing tiresome as well as financially burdensome.
Hence, measures have sometimes become law simply because the people have
not had time to recover from the prolonged agitation in connection with
preceding propositions. Besides, each measure submitted to the optional
Referendum brings with it two separate waves of popular discussion--one
on the petition and one on the subsequent vote. On this point
ex-President Numa Droz has said: "The agitation which takes place while
collecting the necessary signatures, nearly always attended with strong
feeling, diverts the mind from the object of the law, perverts in
advance public opinion, and, not permitting later the calm discussion of
the measure proposed, establishes an almost irresistible current toward
rejection." Finally, a fact as notorious in Switzerland as vote-buying
in America, a large number of citizens who are hostile to a proposed law
may fear to record an adverse opinion by signing a Referendum list.
Their signatures may be seen and the unveiling of their sentiments
imperil their means of livelihood.
Zurich furnishes the example of the cantons having the obligatory
Referendum. There the law provides: 1. That all laws, decrees, and
changes in the constitution must be submitted to the people. 2. That all
decisions of the Grand Council on existing law must be voted on. 3. That
the Grand Council may submit decisions which it itself proposes to make,
and that, besides the voting on the whole law, the Council may ask a
vote on a special point. The Grand Council cannot put in force
provisionally any law or decree. The propositions must be sent to the
voters at least thirty days before voting. The regular referendary
ballotings take place twice a year, spring and autumn, but in urgent
cases the Grand Council may call for a special election. The law in this
canton assists the lawmakers--the voters--in their task; when a citizen
is casting his own vote he may also deposit that of one or two relatives
and friends, upon presenting their electoral card or a certificate of
authorization.
Public-domain text, read in full here on John Shaqi.
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