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
In effect, the obligatory Referendum makes of the entire citizenship a
deliberative body in perpetual session--this end being accomplished in
Zurich in the face of every form of opposing argument. Formerly, its
adversaries made much of the fact that it was ever calling the voters to
the urns; but this is now avoided by the semi-annual elections. It was
once feared that party tickets would be voted without regard to the
merits of the various measures submitted; but it has been proved beyond
doubt that the fate of one proposition has no effect whatever on that of
another decided at the same time. Zurich has pronounced on ninety-one
laws in twenty-eight elections, the votes indicating surprising
independence of judgment. When the obligatory form was proposed for
Zurich, its supporters declared it a sure instrument, but that it might
prove a costly one they were not prepared by experiment to deny. Now,
however, they have the data to show that taxes--unfailing reflexes of
public expenditure--are lower than ever, those for police, for example,
being only about half those of optional Geneva, a less populous canton.
To the prophets who foresaw endless partisan strife in case the
Referendum was to be called in force on every measure, Zurich has
replied by reducing partisanship to its feeblest point, the people
indifferent to parties since an honest vote of the whole body of
citizens must be the final issue of every question.
The people of Zurich have proved that the science of politics is simple.
By refusing special legislation, they evade a flood of bills. By deeming
appropriations once revised as in most part necessary, they pay
attention chiefly to new items. By establishing principles in law, they
forbid violations. Thus there remain no profound problems of state, no
abstruse questions as to authorities, no conflict as to what is the law.
Word fresh from the people is law.
_The Federal Referendum._
The Federal Referendum, first established by the constitution of 1874,
is optional. The demand for it must be made by 30,000 citizens or by
eight cantons. The petition for a vote under it must be made within
ninety days after the publication of the proposed law. It is operative
with respect either to a statute as passed by the Federal Assembly
(congress), or a decree of the executive power. Of 149 Federal laws and
decrees subject to the Referendum passed up to the close of 1891 under
the constitution of 1874, twenty-seven were challenged by the necessary
30,000 petitioners, fifteen being rejected and twelve accepted. The
Federal Initiative was established by a vote taken on Sunday, July 5,
1891. It requires 50,000 petitioners, whose proposal must be discussed
by the Federal assembly and then sent within a prescribed delay to the
whole citizenship for a vote. The Initiative is not a petition to the
legislative body; it is a demand made on the entire citizenship.
Public-domain text, read in full here on John Shaqi.
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