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
The programme for the meeting is arranged by the officials and published
beforehand, the law in some cantons requiring publication four weeks
before the meeting, and in others but ten days. "To give opportunities
for individuals and authorities to make proposals and offer bills, the
official gazette announces every January that for fourteen days after a
given date petitions may be presented for that purpose. These must be
written, the object plainly stated and accompanied by the reasons. All
such motions are considered by what is called the Triple Council, or
legislature, and are classified as 'expedient' and 'inexpedient.' A
proposal receiving more than ten votes must be placed on the list of
expedient, accompanied by the opinion of the council. The rejected are
placed under a special rubric, familiarly called by the people the
_Beiwagen_. The assembly may reverse the action of the council if it
chooses and take a measure out of the 'extra coach,' but consideration
of it is in that case deferred until the next year. In the larger
assemblies debate is excluded, the vote being simply on rejection or
adoption. In the smaller states the line is not so tightly drawn....
Votes are taken by show of hands, though secret ballot may be had if
demanded, elections of officers following the same rule in this matter
as legislation. Nominations for office, however, need not be sent in by
petition, but may be offered by any one on the spot."[B]
[Footnote B: Vincent.]
_The Initiative and the Referendum._
It will be observed that the basic practical principles of both the
communal meeting and the Landsgemeinde are these two:
(1) That every citizen shall have the right to propose a measure of law
to his fellow-citizens--this principle being known as the Initiative.
(2) That the majority shall actually enact the law by voting the
acceptance or the rejection of the measures proposed. This principle,
when applied in non-Landsgemeinde cantons, through ballotings at polling
places, on measures sent from legislative bodies to the people, is known
as the Referendum.
The Initiative has been practiced in many of the communes and in the
several Landsgemeinde cantons in one form or other from time immemorial.
In the past score of years, however, it has been practiced by petition
in an increasing number of the cantons not having the democratic
assemblage of all the citizens.
The Referendum owes its origin to two sources. One source was in the
vote taken at the communal meeting and the Landsgemeinde. The principle
sometimes extended to cities, Berne, for instance, in the fifty-five
years from 1469 to 1524, taking sixty referendary votings. The other
source was in the vote taken by the ancient cantons on any action by
their delegates to the federal Diet, or congress, these delegates
undertaking no affair except on condition of referring it to the
cantonal councils--_ad referendum_.
Public-domain text, read in full here on John Shaqi.
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