Direct Democracy And The Courts

Author: Kenneth P. Miller
Publisher: Cambridge University Press
ISBN: 0521765641
Size: 16.22 MB
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This book analyzes the conflict between two rising powers - direct democracy and the courts. Many voter-approved initiatives are challenged in court after the election and many are invalidated. The resulting conflict between the people and the courts threatens to produce a popular backlash against judges and raises profound questions about the proper scope of popular sovereignty and judicial power in a constitutional system.

The Law Of Direct Democracy

Author: Henry S. Noyes
ISBN: 9781611632767
Size: 74.91 MB
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The Law Of Direct Democracy is the first casebook on direct democracy. This book uses state and federal judicial opinions, the text of ballot initiatives, statutes and constitutional provisions to compare and contrast the various state laws that govern the ballot initiative, the referendum and the recall. This book also contemplates the role of interest groups, voters, courts and elected officials and examines their ability to utilize, influence and limit the initiative process. It provides students and instructors both the information they need to learn the law of direct democracy and the tools to pursue further inquiry on discrete topics of interest.

A Constitution Of Direct Democracy

Author: Michael N Mautner, Ph. D.
Publisher: Legacy Books
ISBN: 0473068559
Size: 16.40 MB
Format: PDF, ePub
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All people share the basic needs of survival and the social drives embedded in human nature. Survival demands sustenance, safety and procreation; and the social drives demand dignity, justice and freedom. These shared values emerge when the common will is distilled from the diverse wills of people. Where this communal wisdom governs, human dignity will be honored and our survival will be secure. This book describes a system of pure democracy where all major decision are done through referendums and statistically meaningful public opinion polls. The policies are then executed by expert agencies with oversight from public policy panels. The book also describes transition to Direct Democracy through Representatives pledged to "I shall vote in Congress or Parliament according to the instructions of my constituents."

People Versus The Courts

Author: Mathew Manweller
Publisher: Academica Press,LLC
ISBN: 1930901976
Size: 71.80 MB
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This work discusses how initiative elites are reacting to the high level of judicial review of their successfully passed ballot measures and why those actions are failing to decrease the number of judicial nullifications. For the past 30 years, state ballot measures have been challenged and nullified by the courts 50% of the time. The resulting tension between direct democracy(initiative and referendum) and the courts is readily apparent. Dr Manweller=s research shows that initiative elites have benefited from institutional learning, becoming more sophisticated and politically knowledgeable. However this has not had a great effect of the rates of ballot measure nullification. Manweller explains why, despite institutional learning and attempts to promote a more pliant judiciary rates of nullification have remain very high.

Direct Democracy In Switzerland

Author: Gregory A. Fossedal
Publisher: Transaction Publishers
ISBN: 9781412821742
Size: 46.78 MB
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Only one country in the world--Switzerland--is a direct democracy, in which, to an extent, the people pass their own laws, judge the constitutionality of statutes, and even have written, in effect, their own constitution. In this propitious volume, Gregory Fossedal reports on the politics and social fabric of what James Bryce has called "the nation that has taken the democratic idea to its furthest extent." The lessons Fossedal presents, at a time of dissatisfaction with the role of money and privileged elites in many Western democracies, are at once timely and urgent. In Direct Democracy in Switzerland, Fossedal has developed a shrewd, sensitive overview of Switzerland's high notion of statecraft. He details the reasons for studying Switzerland's distinctive institutions, and explores the origins and development of the ancient Swiss democracy, which reaches back a thousand years. He shows how Switzerland handles the political questions common to all modern societies, such as education, taxes, crime, welfare, the Holocaust. He concludes with the ongoing debate over two very different visions of democracy, direct versus representative. Paolo Dardenelli in Regional and Federal Studies described the book in its cloth edition as offering "many valuable insights into Swiss political life and written in a light, refreshing journalistic style." Amity Shlaes of the Financial Times commented that "Fossedal shines a brilliant spotlight on a form of governancewith lessons for the rest of us. His review of the referendum process there is required reading for lawmakers, political consultants and voters." Gregory A. Fossedal is chairman of the Alexis de Tocqueville Institution, a research foundation based near Washington, DC. He is also president and chief investment officer of the Democratic Century Fund and its management company, the Emerging Markets Group. He is author of The Democratic Imperative. Alfred R. Berkeley III is president of the Nasdaq stock market.

Stealing The Initiative

Author: Elisabeth R. Gerber
Publisher: Pearson College Division
ISBN: 9780130284075
Size: 50.79 MB
Format: PDF, ePub
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This book uses eleven recent California initiatives and referendums to provide readers with a set of analytical tools and examples that will help them better understand real politics. It clarifies the public consequences, and studies the great variations of what happens to initiatives that win on Election Day and withstand judicial review. Research is presented in an effective and efficient manner, along with key factors that lead policy actors to implement and enforce initiatives and referendums fully, partially, and not at all—a social phenomenon that affects our lives in fundamental ways. A wide range of policy areas cover tobacco tax, transportation, legislative spending provision, term limits provision, open primaries, and bilingual education. This book also includes varied conclusions about how to reform the initiative process to improve direct democracy. For citizens who want to understand and/or increase their role in government.

Educated By Initiative

Author: Daniel A. Smith
Publisher: University of Michigan Press
ISBN: 9780472024254
Size: 22.13 MB
Format: PDF, ePub
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"This body of research not only passes academic muster but is the best guidepost in existence for activists who are trying to use the ballot initiative process for larger policy and political objectives." --Kristina Wilfore, Executive Director, Ballot Initiative Strategy Center and Foundation Educated by Initiative moves beyond previous evaluations of public policy to emphasize the educational importance of the initiative process itself. Since a majority of ballots ultimately fail or get overturned by the courts, Smith and Tolbert suggest that the educational consequences of initiative voting may be more important than the outcomes of the ballots themselves. The result is a fascinating and thoroughly-researched book about how direct democracy teaches citizens about politics, voting, civic engagement and the influence of special interests and political parties. Designed to be accessible to anyone interested in the future of American democracy, the book includes boxes (titled "What Matters") that succinctly summarize the authors' data into easily readable analyses. Daniel A. Smith is Associate Professor of Political Science at the University of Florida. Caroline J. Tolbert is Associate Professor of Political Science at Kent State University.

Direct Democracy And Minorities

Author: Wilfried Marxer
Publisher: Springer Science & Business Media
ISBN: 3531943049
Size: 50.23 MB
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Modern direct democracy has become an essential element of political life in many countries in Europe and worldwide. The initiative and referendum process offers extra channels for citizen participation and thus represents an important supplementary institution in modern democracies. This third volume of the series Direct Democracy in Modern Europe focuses on direct-democratic decisions on minority affairs. The main question is whether direct democracy tends towards a domination of the majority over a minority, producing new conflicts, or whether, how, and under what conditions it helps to solve problems in complex societies and leads to lasting solutions to political disputes. This volume includes articles by specialist researchers on - historical experiences of direct-democratic decisions on territorial conflicts; - theoretical considerations on direct democracy and minorities; - case studies on popular votes concerning minority issues; - several country case studies; - the role of the media in direct-democratic campaigns on minority affairs; - the potential of transnational direct democracy.

Economic Equality And Direct Democracy In Ancient Athens

Author: Larry Patriquin
Publisher: Springer
ISBN: 1137503483
Size: 27.19 MB
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This book argues that ancient democracy did not stop at the door of economic democracy, and that ancient Athens has much to tell us about the relationship between political equality and economic equality. Athenian democracy rested on a foundation of general economic equality, which enabled citizens to challenge their exclusion from politics.

Unfit For Democracy

Author: Stephen E. Gottlieb
Publisher: NYU Press
ISBN: 0814732429
Size: 80.80 MB
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Since its founding, Americans have worked hard to nurture and protect their hard-won democracy. And yet few consider the role of constitutional law in America{u2019}s survival. In Unfit for Democracy, Stephen Gottlieb argues that constitutional law without a focus on the future of democratic government is incoherent{u2014}illogical and contradictory. Approaching the decisions of the Roberts Court from political science, historical, comparative, and legal perspectives, Gottlieb highlights the dangers the court presents by neglecting to interpret the law with an eye towards preserving democracy. -- From back cover.