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 the "American Commonwealth" of James Bryce, a member of Parliament,
there is a chapter entitled "Direct Legislation by the People." After
reciting many facts similar in character to those given by Mr.
Oberholtzer, Mr. Bryce inquires into the practical workings of direct
legislation. He finds what are to his mind some "obvious demerits." Of
these demerits, such as apply to details he develops in the course of
his statements of several cases of Referendum. In summing up, he further
points out what seem to him two objections to the principle. One is that
direct legislation "tends to lower the authority and sense of
responsibility of the legislature." But this is precisely the aim of
pure democracy, and from its point of view a merit of the first order.
The other objection is, "it refers matters needing much elucidation by
debate to the determination of those who cannot, on account of their
numbers, meet together for discussion, and many of whom may have never
thought about the matter." But why meet together for discussion? Mr.
Bryce here overlooks that this is the age of newspaper and telegraph,
and that through these sources the facts and much debate on any matter
of public interest may be forthcoming on demand. Mr. Bryce, however,
sees more advantages than demerits in direct legislation. Of the
advantages he remarks: "The improvement of the legislatures is just what
the Americans despair of, or, as they would prefer to say, have not time
to attend to. Hence they fall back on the Referendum as the best course
available under the circumstances of the case and in such a world as the
present. They do not claim that it has any great educative effect on the
people. But they remark with truth that the mass of the people are equal
in intelligence and character to the average state legislator, and are
exposed to fewer temptations. The legislator can be 'got at,' the people
cannot. The personal interest of the individual legislator in passing a
measure for chartering banks or spending the internal improvement fund
may be greater than his interest as one of the community in preventing
bad laws. It will be otherwise with the bulk of the citizens. The
legislator may be subjected by the advocates of women's suffrage or
liquor prohibition to a pressure irresistible by ordinary mortals; but
the citizens are too numerous to be all wheedled or threatened. Hence
they can and do reject proposals which the legislature has assented to.
Nor should it be forgotten that in a country where law depends for its
force on the consent of the governed, it is eminently desirable that law
should not outrun popular sentiment, but have the whole weight of the
people's deliverance behind it."
_The Initiative and Referendum in Labor Organizations._
Public-domain text, read in full here on John Shaqi.
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