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Direct Democracy an Overview of the International IDEA Handbook © International Institute for Democracy and Electoral Assistance 2008
Direct Democracy An Overview of the International IDEA Handbook © International Institute for Democracy and Electoral Assistance 2008 International IDEA publications are independent of specific national or political interests. Views expressed in this publication do not necessarily represent the views of International IDEA, its Board or its Council members. The map presented in this publication does not imply on the part of the Institute any judgement on the legal status of any territory or the endorsement of such boundaries, nor does the placement or size of any country or territory reflect the political view of the Institute. The map is created for this publication in order to add clarity to the text. Applications for permission to reproduce or translate all or any part of this publication should be made to: International IDEA SE -103 34 Stockholm Sweden International IDEA encourages dissemination of its work and will promptly respond to requests for permission to reproduce or translate its publications. Cover design by: Helena Lunding Map design: Kristina Schollin-Borg Graphic design by: Bulls Graphics AB Printed by: Bulls Graphics AB ISBN: 978-91-85724-54-3 Contents 1. Introduction: the instruments of direct democracy 4 2. When the authorities call a referendum 5 Procedural aspects 9 Timing 10 The ballot text 11 The campaign: organization and regulation 11 Voting qualifications, mechanisms and rules 12 Conclusions 13 3. When citizens take the initiative: design and political considerations 14 Design aspects 15 Restrictions and procedures 16 Conclusions 18 4. Agenda initiatives: when citizens can get a proposal on the legislative agenda 19 Conclusions 21 5. -
The State Action Doctrine and the Principle of Democratic Choice
THE STATE ACTION DOCTRINE AND THE PRINCIPLE OF DEMOCRATIC CHOICE Wilson R. Huhn* I. INTRODUCTION ........................................................................ 1380 II. THE TRUE PURPOSE OF THE STATE ACTION DOCTRINE .......... 1383 III. THE “S TATE ACTION /P RIVATE ACTION ” DICHOTOMY ............ 1386 A. Textual Basis for the “State Action/Private Action” Dichotomy .......................................................... 1387 B. Critique of the Supreme Court’s Distinction Between State Action and Private Action ....................................... 1388 C. Critique of Progressive Scholarship Regarding the “State Action/Private Action” Dichotomy ....................... 1393 IV. THE “S TATE ACTION /S TATE INACTION” DICHOTOMY ............ 1397 A. The Principle of Democratic Choice with Regard to Civil Rights and Social Welfare Rights ............................ 1398 B. Textual and Historical Arguments Regarding Affirmative Duties ............................................................ 1399 C. Judicial Interpretation and Scholarly Commentary upon Social Welfare Rights ....................................................... 1404 D. The Principle of Democratic Choice and Social Welfare Rights .................................................................. 1407 E. Education and Protection as Affirmative Duties .............. 1407 F. Conclusion ........................................................................ 1415 V. THE “M ERE REPEAL /D ISTORTION OF GOVERNMENTAL PROCESS ” DICHOTOMY ........................................................... -
Varieties of Patron-Client State Relationship
Varieties of Patron-Client State Relationship: The U.S. and Southeast Asia Hojung Do Ewha Womans University The United States (US) was one of the two superpowers during the Cold War and after the eventual demise of Soviet Union, consolidated its supremacy as sole hegemon of the world. US relations with many regions and many states have been extensively studied upon and in Asia, the relationship mostly dealt with China, Japan and South Korea. US patron relationship to Northeast Asia is relatively stable, durable, one consisting of visible and tangible security transactions such as military bases still stationed in South Korea and Japan. There is a wealth of literature to be found pertaining to Northeast Asia but US relationship with Southeast Asia is lacking compared to its neighbors. This paper starts with the following questions: Does a patron-client state relationship actually exist between the US Southeast Asia? Why is there a lack of patronage compared to one displayed in Northeast Asia? Is there room for maneuver for clients? How does US patronage change over time and in what way? The first part of this paper will briefly review previous literature on patron-client relationships. Second, key concepts of patron-client state relationships and the 6 types of relationships will be enumerated. Third, these relationships will be applied to three periods: 1965-67, 1975, 1985-87 in three countries: Indonesia, Philippines and Thailand to examine the trend of US patronage. Finally, implications and future modifications of this theory to Southeast Asia will be discussed. Patron-Client Relationship in Literature Patron-client relationship is not a fresh concept in the eyes of anthropology, sociology and even politics. -
Sponsoring a Statewide Initiative Or Referendum Petition
September 2021 SPONSORING A STATEWIDE INITIATIVE, REFERENDUM OR CONSTITUTIONAL AMENDMENT PETITION The Michigan Constitution provides: “The people reserve to themselves the power to propose laws and to enact and reject laws, called the initiative, and the power to approve or reject laws enacted by the legislature, called the referendum.” Article 2, § 9 of the 1963 Michigan Constitution. “Amendments may be proposed to this constitution by petition of the registered electors of this state.” Article 12, § 2 of the 1963 Michigan Constitution. These rights are invoked through the statewide ballot proposal petitioning process, which is governed by the Michigan Election Law and overseen by the Secretary of State and Board of State Canvassers. Once a petition is filed with the Secretary of State, signatures are subjected to a verification process and the Board of State Canvassers determines whether the petition contains enough valid signatures to qualify for placement on the ballot at the next even-year, general November election. This publication outlines legal requirements and provides guidance to those interested in launching a petition drive to initiate new legislation, amend or repeal existing laws, subject newly enacted laws to a referendum vote, or amend the state constitution. There are different filing deadlines in effect for the 2021-2022 election cycle. This guide also highlights best practices which, although not legally required, are offered so that sponsors may minimize the risk that an error could disqualify the petition. Legislative changes enacted in late 2018 and subsequent legal developments in 2019- 2020 altered the process for preparing and circulating statewide ballot proposal petitions. -
Initiative Coordinator INITIATIVE COORDINATOR Office of the Attorney General ATTORNEY GENERAL's OFFICE State of California P.O
1 5 - 0 0 4 5 John Cox P. 0. Box 3844 Rancho Santa Fe, CA 92067 ~CEIVEa Ashley Johansson JUL 2 3 2015 Initiative Coordinator INITIATIVE COORDINATOR Office of the Attorney General ATTORNEY GENERAL'S OFFICE State of California P.O. Box 994255 Sacramento, CA 94244-25550 Re: Request for Title and Summary for Proposed Initiative Dear Ms. Johansson: Pursuant to Article II, Section 10(d) of the California Constitution, I am submitting the attached proposed statewide ballot measure ("The Neighborhood Legislature Reform Act") to your office and request that you prepare a circulating title and summary of the measure as provided by law. I have also included with this letter the required signed statement pursuant to California Elections Code sections 9001 and 9608, and a check in the amount of$200. My address as registered to vote is shown on Attachment 'A' to this letter. Thank you for your time and attention to this important matter. Should you have any questions or require additional information, please contact the undersigned at (847) 274-8814. Very Truly Yours, -- 15-0045 :I INITIATIVE MEASURE TO BE SUBMITTED TO VOTERS SECTION 1. DECLARATION OF FINDINGS A. Our state Legislature does not serve the interests of the citizens. The Legislature only serves the special interests. Prior attempts at reform have all failed. B. The problem is that our Legislative districts are too big and cost taxpayers too much money. Our Legislators represent too many constituents. The average assembly district in the other 49 states has approximately 50,000 citizens. The average assembly district in California is nearly 10 times larger- approaching nearly 500,000 citizens. -
Durham E-Theses
Durham E-Theses A study of the client kings in the early Roman period Everatt, J. D. How to cite: Everatt, J. D. (1972) A study of the client kings in the early Roman period, Durham theses, Durham University. Available at Durham E-Theses Online: http://etheses.dur.ac.uk/10140/ Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in Durham E-Theses • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full Durham E-Theses policy for further details. Academic Support Oce, Durham University, University Oce, Old Elvet, Durham DH1 3HP e-mail: [email protected] Tel: +44 0191 334 6107 http://etheses.dur.ac.uk .UNIVERSITY OF DURHAM Department of Classics .A STUDY OF THE CLIENT KINSS IN THE EARLY ROMAN EMPIRE J_. D. EVERATT M.A. Thesis, 1972. M.A. Thesis Abstract. J. D. Everatt, B.A. Hatfield College. A Study of the Client Kings in the early Roman Empire When the city-state of Rome began to exert her influence throughout the Mediterranean, the ruling classes developed friendships and alliances with the rulers of the various kingdoms with whom contact was made. -
Killing Hope U.S
Killing Hope U.S. Military and CIA Interventions Since World War II – Part I William Blum Zed Books London Killing Hope was first published outside of North America by Zed Books Ltd, 7 Cynthia Street, London NI 9JF, UK in 2003. Second impression, 2004 Printed by Gopsons Papers Limited, Noida, India w w w.zedbooks .demon .co .uk Published in South Africa by Spearhead, a division of New Africa Books, PO Box 23408, Claremont 7735 This is a wholly revised, extended and updated edition of a book originally published under the title The CIA: A Forgotten History (Zed Books, 1986) Copyright © William Blum 2003 The right of William Blum to be identified as the author of this work has been asserted by him in accordance with the Copyright, Designs and Patents Act 1988. Cover design by Andrew Corbett ISBN 1 84277 368 2 hb ISBN 1 84277 369 0 pb Spearhead ISBN 0 86486 560 0 pb 2 Contents PART I Introduction 6 1. China 1945 to 1960s: Was Mao Tse-tung just paranoid? 20 2. Italy 1947-1948: Free elections, Hollywood style 27 3. Greece 1947 to early 1950s: From cradle of democracy to client state 33 4. The Philippines 1940s and 1950s: America's oldest colony 38 5. Korea 1945-1953: Was it all that it appeared to be? 44 6. Albania 1949-1953: The proper English spy 54 7. Eastern Europe 1948-1956: Operation Splinter Factor 56 8. Germany 1950s: Everything from juvenile delinquency to terrorism 60 9. Iran 1953: Making it safe for the King of Kings 63 10. -
Citizens Without a State: Executive Summary
Citizens Without A State: Executive Summary By Howard Hills Foreword by former U.S. Attorney General Dick Thornburgh Dedication Jose Celso Barbosa was raised in poverty under Spanish colonial rule, and became the first black student at the Jesuit Seminary. He was Valedictorian at University of Michigan Medical School, and the first U.S. educated medical doctor in Puerto Rico. As a territorial Senator he advocated U.S. citizenship and statehood, was founder of island’s Republican Party. Renowned as a healer, humanitarian, and statesman, Barbosa smashed every barrier. To his courageous vision of a free and democratic Puerto Rico under the American flag this project is dedicated. Foreword: Dick Thornburgh President Reagan said it best in 1980: “As a ‘commonwealth’ Puerto Rico is now neither a state nor independent, and thereby has an historically unnatural status.” As a corollary, Howard Hills articulates the inescapable truism that “the primary democratic rights of national citizenship under the U.S. Constitution can exercised only through State citizenship.” For only citizens of a State admitted to the Union on equal footing with all other States are able to vote in federal elections, and thereby give consent to be governed by our nation’s leaders under the supreme law of the land. To Hills that means one thing: “Something called ‘U.S. citizenship’ without federal voting rights and equal representation in the federal political process is a cruel historical hoax.” *Howard Hills is the author of the book, Citizens Without A State. This is an Executive Summary of the book. *Dick Thornburgh, two-term Governor of Pennsylvania, Attorney General of the United States 1988- 1991, Undersecretary General of the United Nations, K & L Gates, LLP, Pittsburgh 1 Prologue For 119 years U.S. -
The Common Law Powers of the New York State Attorney General
THE COMMON LAW POWERS OF THE NEW YORK STATE ATTORNEY GENERAL Bennett Liebman* The role of the Attorney General in New York State has become increasingly active, shifting from mostly defensive representation of New York to also encompass affirmative litigation on behalf of the state and its citizens. As newly-active state Attorneys General across the country begin to play a larger role in national politics and policymaking, the scope of the powers of the Attorney General in New York State has never been more important. This Article traces the constitutional and historical development of the At- torney General in New York State, arguing that the office retains a signifi- cant body of common law powers, many of which are underutilized. The Article concludes with a discussion of how these powers might influence the actions of the Attorney General in New York State in the future. INTRODUCTION .............................................. 96 I. HISTORY OF THE OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL ................................ 97 A. The Advent of Affirmative Lawsuits ............. 97 B. Constitutional History of the Office of Attorney General ......................................... 100 C. Statutory History of the Office of Attorney General ......................................... 106 II. COMMON LAW POWERS OF THE ATTORNEY GENERAL . 117 A. Historic Common Law Powers of the Attorney General ......................................... 117 B. The Tweed Ring and the Attorney General ....... 122 C. Common Law Prosecutorial Powers of the Attorney General ................................ 126 D. Non-Criminal Common Law Powers ............. 136 * Bennett Liebman is a Government Lawyer in Residence at Albany Law School. At Albany Law School, he has served variously as the Executive Director, the Acting Director and the Interim Director of the Government Law Center. -
An Empirical Appraisal of the Liberty of Contract
An Empirical Appraisal of the Liberty of Contract “I got my first job when I was nine. Worked at a sheet metal factory. In two weeks, I was running the floor. Child labor laws are ruining this country.” -Ron Swanson Aaron Gordon Honors Thesis Department of Political Science Northwestern University Advisor: Prof. Daniel Galvin May 3, 2017 1 Abstract From approximately 1895-1937, the US Supreme Court interpreted the Constitution’s Due Process clauses to implicitly protect a “Liberty of Contract”—the right of individuals to make contracts without arbitrary government interference. The Court relied on this principle to invalidate a variety of regulatory measures, including maximum hours and minimum wage laws. The Court abandoned its enforcement of this doctrine in 1937, and today, the Liberty of Contract is widely condemned by legal thinkers as right-wing judicial activism. Supposedly, the Court’s protection of contractual freedom imposed a strict laissez-faire ideology on the country, interfered with Progressive reform legislation, and harmed public welfare—especially that of workers, consumers, and the poor. But such claims are often made without empirical support. My aim here is to evaluate, based on the surviving data and evidence, the practical impacts of the Liberty of Contract by examining a) the extent to which the doctrine interfered with policymakers’ efforts at economic regulation, and b) the economic and social effects of notable decisions in which the Court invalidated legislation on Liberty-of-Contract grounds. I conclude a) that the Court was quite deferential to legislators in Liberty-of-Contract cases, though its decisions to invoke the doctrine in invalidating laws were often arbitrary; and b) that the societal effects of such invalidations were often either neutral or positive. -
Statewide Initiative Guide
2022 CA LIFORNIA SECRETARY OF STATE Statewide Initiative Guide Preface The Secretary of State has prepared this Statewide Initiative Guide, as required by Elections Code section 9018, to provide an understanding of the procedures and requirements for preparing and circulating initiatives, for filing sections of the petition, and describing the procedure of verifying signatures on the petition. This Guide is for general information only and does not have the force and effect of law, regulation, or rule. In case of conflict, the law, regulation, or rule will apply. Interested persons should obtain the most up-to-date information available because of possible changes in law or procedure since the publication of this Guide. Background and History of the Initiative Process In a special election held on October 10, 1911, California became the 10th state to adopt the initiative process. That year, Governor Hiram Johnson began his term by promising to give citizens a tool they could use to adopt laws and constitutional amendments without the support of the Governor or the Legislature. The new Legislature put a package of constitutional amendments on the ballot that placed more control of California politics directly into the hands of the people. This package included the ability to recall elected officials, the right to repeal laws by referendum, and the ability to enact state laws by initiative. The initiative is the power of the people of California to propose statutes and to propose amendments to the California Constitution. (Cal. Const., art. II, § 8(a).) Generally, any matter that is a proper subject of legislation can become an initiative measure; however, no initiative measure addressing more than one subject area may be submitted to the voters or have any effect. -
Chapter 10 Principles for Parliamentary Assistance
II.10. PRINCIPLES FOR PARLIAMENTARY ASSISTANCE – 111 Chapter 10 Principles for parliamentary assistance These principles were prepared by Greg Power, Director of Global Partners & Associates for the OECD/DAC/GOVNET and presented to the Fourth Annual Donor Co-ordination Meeting on Parliamentary Support and the 16th Plenary Meeting of the OECD/DAC Network on Governance on 24-25 April 2012. ACCOUNTABILITY AND DEMOCRATIC GOVERNANCE: ORIENTATIONS AND PRINCIPLES FOR DEVELOPMENT © OECD 2014 112 – II.10. PRINCIPLES FOR PARLIAMENTARY ASSISTANCE Parliaments perform a vital role in any system of representative democracy, but they play an especially important role in emerging democracies – not only in improving the quality of governance by ensuring transparency and accountability, but also in shaping the public’s expectations and attitudes to democracy. Parliaments are the single most important institution in overseeing government activity, scrutinising legislation and representing the public’s concerns to those in power. Their performance in holding government to account and engaging with voters will help to establish the norms and values in the early years of a democratic culture. Although traditionally a small part of international support programmes, donors have paid greater attention to the role of parliaments in the last decade or so. Most support programmes usually seek to improve the effectiveness of the institution in one of their three key functions: 1. Legislation: Assessment of the legislative function will be concerned with how well parliament scrutinises and amends bills, or whether it instead simply acts as a rubber-stamp for the executive. 2. Oversight: Parliamentary oversight is the main means by which government is held to account; parliaments should ensure government departments are run efficiently and that ministers are regularly called to account for their actions, policies and spending.