Author: M. Dane Waters
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 322
Book Description
There is little doubt that in recent years the initiative process has become one of the most important mechanisms for altering and influencing public policy at every level of government. In the last two years alone, utilizing the initiative process, citizens were heard on affirmative action, educational reform, term limits, tax reform, campaign finance reform, animal protection, drug policy reform, and the environment. However, the initiative process has fallen prey to its own success. Lawmakers who have been most affected by this citizen's tool have struck back by imposing new regulations on the process -- regulations that serve no purpose but to deprive the citizens of the only avenue available to them to reign in unresponsive government. These regulations have generated many questions that have so far remained unanswered or have been discussed only in specialist journals. There are legal questions about signature gathering and limits on campaign spending, political questions about implementing the relevant statutes, and philosophical questions about equality and freedom of expression. The Battle Over Citizen Lawmaking discusses the evolution of the initiative and referendum process, the need for the process, how it has been utilized, the impetus for new regulations, the major regulations that have been imposed, the role the courts have played in regulating the initiative and referendum process, what role money plays, and how the process has been regulated in other countries. This book comprehensively addresses these issues from the viewpoint of leading scholars, opinion leaders, journalists, elected officials, activists, and attorneys. "Dane Waters has done a commendable job in bringing a focus to an edited book project that provides a new perspective on the growing literature on direct democracy. The emphasis on a legal perspective may even help bring the topic to greater attention in classes on law and politics." -- The Journal of Politics, February 2002
The Battle Over Citizen Lawmaking
Author: M. Dane Waters
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 322
Book Description
There is little doubt that in recent years the initiative process has become one of the most important mechanisms for altering and influencing public policy at every level of government. In the last two years alone, utilizing the initiative process, citizens were heard on affirmative action, educational reform, term limits, tax reform, campaign finance reform, animal protection, drug policy reform, and the environment. However, the initiative process has fallen prey to its own success. Lawmakers who have been most affected by this citizen's tool have struck back by imposing new regulations on the process -- regulations that serve no purpose but to deprive the citizens of the only avenue available to them to reign in unresponsive government. These regulations have generated many questions that have so far remained unanswered or have been discussed only in specialist journals. There are legal questions about signature gathering and limits on campaign spending, political questions about implementing the relevant statutes, and philosophical questions about equality and freedom of expression. The Battle Over Citizen Lawmaking discusses the evolution of the initiative and referendum process, the need for the process, how it has been utilized, the impetus for new regulations, the major regulations that have been imposed, the role the courts have played in regulating the initiative and referendum process, what role money plays, and how the process has been regulated in other countries. This book comprehensively addresses these issues from the viewpoint of leading scholars, opinion leaders, journalists, elected officials, activists, and attorneys. "Dane Waters has done a commendable job in bringing a focus to an edited book project that provides a new perspective on the growing literature on direct democracy. The emphasis on a legal perspective may even help bring the topic to greater attention in classes on law and politics." -- The Journal of Politics, February 2002
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 322
Book Description
There is little doubt that in recent years the initiative process has become one of the most important mechanisms for altering and influencing public policy at every level of government. In the last two years alone, utilizing the initiative process, citizens were heard on affirmative action, educational reform, term limits, tax reform, campaign finance reform, animal protection, drug policy reform, and the environment. However, the initiative process has fallen prey to its own success. Lawmakers who have been most affected by this citizen's tool have struck back by imposing new regulations on the process -- regulations that serve no purpose but to deprive the citizens of the only avenue available to them to reign in unresponsive government. These regulations have generated many questions that have so far remained unanswered or have been discussed only in specialist journals. There are legal questions about signature gathering and limits on campaign spending, political questions about implementing the relevant statutes, and philosophical questions about equality and freedom of expression. The Battle Over Citizen Lawmaking discusses the evolution of the initiative and referendum process, the need for the process, how it has been utilized, the impetus for new regulations, the major regulations that have been imposed, the role the courts have played in regulating the initiative and referendum process, what role money plays, and how the process has been regulated in other countries. This book comprehensively addresses these issues from the viewpoint of leading scholars, opinion leaders, journalists, elected officials, activists, and attorneys. "Dane Waters has done a commendable job in bringing a focus to an edited book project that provides a new perspective on the growing literature on direct democracy. The emphasis on a legal perspective may even help bring the topic to greater attention in classes on law and politics." -- The Journal of Politics, February 2002
Direct Democracy and the Courts
Author: Kenneth P. Miller
Publisher: Cambridge University Press
ISBN: 1139482777
Category : Political Science
Languages : en
Pages : 287
Book Description
Who should have the last word on fundamental policy issues? This book analyzes the rise of two contenders - the people, through direct democracy, and the courts. Now available in nearly half the states, direct democracy has surged in recent decades. Through ballot measures, voters have slashed taxes, mandated government spending, imposed term limits on elected officials, enacted campaign finance reform, barred affirmative action, banned same-sex marriage, and adopted many other controversial laws. In several states, citizens now bypass legislatures to make the most important policy decisions. However, the 'people's rule' is not absolute. This book demonstrates that courts have used an expanding power of judicial review to invalidate citizen-enacted laws at remarkably high rates. 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.
Publisher: Cambridge University Press
ISBN: 1139482777
Category : Political Science
Languages : en
Pages : 287
Book Description
Who should have the last word on fundamental policy issues? This book analyzes the rise of two contenders - the people, through direct democracy, and the courts. Now available in nearly half the states, direct democracy has surged in recent decades. Through ballot measures, voters have slashed taxes, mandated government spending, imposed term limits on elected officials, enacted campaign finance reform, barred affirmative action, banned same-sex marriage, and adopted many other controversial laws. In several states, citizens now bypass legislatures to make the most important policy decisions. However, the 'people's rule' is not absolute. This book demonstrates that courts have used an expanding power of judicial review to invalidate citizen-enacted laws at remarkably high rates. 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.
State of Change
Author: Courtenay W. Daum
Publisher: University Press of Colorado
ISBN: 1457111543
Category : Political Science
Languages : en
Pages : 271
Book Description
"A rare and comprehensive examination of the state's political system and a good historical record of the evolution of our state."- James A. Null University of Colorado at Colorado Springs Colorado has recently been at the center of major shifts in American politics. Indeed, over the last several decades the political landscape has altered dramatically on both the state and national levels. State of Change traces the political and demographic factors that have transformed Colorado, looking beyond the major shift in the dominant political party from Republican to Democratic to greater long-term implications. The increased use of direct democracy has resulted in the adoption of term limits, major reconstruction of fiscal policy, and many other changes in both statutory and constitutional law. Individual chapters address these changes within a range of contexts--electoral, political, partisan, and institutional--as well as their ramifications. Contributors also address the possible impacts of these changes on the state in the future, concluding that the current state of affairs is fated to be short-lived. State of Change is the most up-to-date book on Colorado politics available and will be of value to undergraduate- and graduate-level students, academics, historians, and anyone involved with or interested in Colorado politics.
Publisher: University Press of Colorado
ISBN: 1457111543
Category : Political Science
Languages : en
Pages : 271
Book Description
"A rare and comprehensive examination of the state's political system and a good historical record of the evolution of our state."- James A. Null University of Colorado at Colorado Springs Colorado has recently been at the center of major shifts in American politics. Indeed, over the last several decades the political landscape has altered dramatically on both the state and national levels. State of Change traces the political and demographic factors that have transformed Colorado, looking beyond the major shift in the dominant political party from Republican to Democratic to greater long-term implications. The increased use of direct democracy has resulted in the adoption of term limits, major reconstruction of fiscal policy, and many other changes in both statutory and constitutional law. Individual chapters address these changes within a range of contexts--electoral, political, partisan, and institutional--as well as their ramifications. Contributors also address the possible impacts of these changes on the state in the future, concluding that the current state of affairs is fated to be short-lived. State of Change is the most up-to-date book on Colorado politics available and will be of value to undergraduate- and graduate-level students, academics, historians, and anyone involved with or interested in Colorado politics.
Exploring Initiative and Referendum Law
Author: Beth Williams
Publisher: Routledge
ISBN: 1317965264
Category : Language Arts & Disciplines
Languages : en
Pages : 337
Book Description
Researching ballot measures can be one of the most daunting types of legal research. Exploring Initiative and Referendum Law: Selected State Research Guides offers legal researchers an easy-to-use guide that provides thorough overviews of I&R (initiative and referendum) laws within twenty-three states. This unique resource provides state-specific guidance about both forms of I&R law, those state laws permitting I&R, and those state laws enacted as a result of the I&R process. Any legal researcher beginning a project or needing to know just where to go for the right resources will get helpful general and specific information on practical research strategies and resources. Up to now, finding the literature to research the state-specific history of a law passed by initiative or referendum has been extremely difficult. This book fills this gap by providing top researchers with brief overviews of the individual state processes while providing important primary and secondary sources, including Web sites. The guide’s chapters are separated alphabetically by state for fast and easy reference. Annotated bibliographies of books, articles, and Web sites are provided, along with instructions about what documents one can expect to find on the Web, and how to use free databases. Because of this useful volume’s unique focus, the book may well become an essential resource for law librarians, attorneys, law faculty, law students, and Political Science scholars. This book was published as a special issue of Legal Reference Services Quarterly.
Publisher: Routledge
ISBN: 1317965264
Category : Language Arts & Disciplines
Languages : en
Pages : 337
Book Description
Researching ballot measures can be one of the most daunting types of legal research. Exploring Initiative and Referendum Law: Selected State Research Guides offers legal researchers an easy-to-use guide that provides thorough overviews of I&R (initiative and referendum) laws within twenty-three states. This unique resource provides state-specific guidance about both forms of I&R law, those state laws permitting I&R, and those state laws enacted as a result of the I&R process. Any legal researcher beginning a project or needing to know just where to go for the right resources will get helpful general and specific information on practical research strategies and resources. Up to now, finding the literature to research the state-specific history of a law passed by initiative or referendum has been extremely difficult. This book fills this gap by providing top researchers with brief overviews of the individual state processes while providing important primary and secondary sources, including Web sites. The guide’s chapters are separated alphabetically by state for fast and easy reference. Annotated bibliographies of books, articles, and Web sites are provided, along with instructions about what documents one can expect to find on the Web, and how to use free databases. Because of this useful volume’s unique focus, the book may well become an essential resource for law librarians, attorneys, law faculty, law students, and Political Science scholars. This book was published as a special issue of Legal Reference Services Quarterly.
Direct Democracy and Minorities
Author: Wilfried Marxer
Publisher: Springer Science & Business Media
ISBN: 3531943049
Category : Political Science
Languages : en
Pages : 247
Book Description
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.
Publisher: Springer Science & Business Media
ISBN: 3531943049
Category : Political Science
Languages : en
Pages : 247
Book Description
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.
Direct Democracy in the United States
Author: Shauna Reilly
Publisher: Routledge
ISBN: 0415537274
Category : Education
Languages : en
Pages : 256
Book Description
Experts assess the connection between characteristics of petitioners, how they are able to influence their communities beyond the ballot box and how large an influence they are on specific areas of policy.
Publisher: Routledge
ISBN: 0415537274
Category : Education
Languages : en
Pages : 256
Book Description
Experts assess the connection between characteristics of petitioners, how they are able to influence their communities beyond the ballot box and how large an influence they are on specific areas of policy.
Handbook of Democratic Innovation and Governance
Author: Stephen Elstub
Publisher: Edward Elgar Publishing
ISBN: 1786433869
Category : Political Science
Languages : en
Pages : 621
Book Description
Democratic innovations are proliferating in politics, governance, policy, and public administration. These new processes of public participation are reimagining the relationship between citizens and institutions. This Handbook advances understanding of democratic innovations, in theory and practice, by critically reviewing their importance throughout the world. The overarching themes are a focus on citizens and their relationship to these innovations, and the resulting effects on political equality. The Handbook therefore offers a definitive overview of existing research on democratic innovations, while also setting the agenda for future research and practice.
Publisher: Edward Elgar Publishing
ISBN: 1786433869
Category : Political Science
Languages : en
Pages : 621
Book Description
Democratic innovations are proliferating in politics, governance, policy, and public administration. These new processes of public participation are reimagining the relationship between citizens and institutions. This Handbook advances understanding of democratic innovations, in theory and practice, by critically reviewing their importance throughout the world. The overarching themes are a focus on citizens and their relationship to these innovations, and the resulting effects on political equality. The Handbook therefore offers a definitive overview of existing research on democratic innovations, while also setting the agenda for future research and practice.
Direct Democracy and Minority Rights
Author: Daniel C. Lewis
Publisher: Routledge
ISBN: 0415537436
Category : Political Science
Languages : en
Pages : 138
Book Description
This book conclusively demonstrates that direct democracy—institutions like the ballot initiative and the referendum—endangers the rights of minorities and perpetuates a tyranny of the majority. While advocates of direct democracy advocate that these institutions protect citizens from corrupt lawmakers beholden to special interests, Daniel Lewis’s thorough investigation shows how such mass participation exposes minority groups to negative policy outcomes favored by only a slim majority of voters. Some would argue that greater democratic responsiveness is a positive outcome, but without the checks and balances of a representative, separated powers system that encourages deliberation and minority representation, minority rights are at increased risk under direct democracy institutions. While research has been presented that supports both sides of the debate, the existing literature has yet to produce consistent and compelling evidence in favor of one side or the other. This book undertakes a comprehensive examination of the "tyranny of the majority" critique of direct democracy by examining a host of contemporary American state policies that affect the rights of a variety of minority groups. By assessing the impact of direct democracy on both ballot measures and traditional legislation, the book provides a more complete picture of how citizen legislative institutions can affect minority rights, covering a myriad of contemporary (and sometimes controversial) minority rights issues, including same-sex marriage, affirmative action, official English, hate crimes laws, racial profiling, and anti-discrimination laws. The book is unique in its approach and scope, making it compelling for scholars interested in direct democracy, state politics, minority politics and electoral institutions, as well as American politics generally.
Publisher: Routledge
ISBN: 0415537436
Category : Political Science
Languages : en
Pages : 138
Book Description
This book conclusively demonstrates that direct democracy—institutions like the ballot initiative and the referendum—endangers the rights of minorities and perpetuates a tyranny of the majority. While advocates of direct democracy advocate that these institutions protect citizens from corrupt lawmakers beholden to special interests, Daniel Lewis’s thorough investigation shows how such mass participation exposes minority groups to negative policy outcomes favored by only a slim majority of voters. Some would argue that greater democratic responsiveness is a positive outcome, but without the checks and balances of a representative, separated powers system that encourages deliberation and minority representation, minority rights are at increased risk under direct democracy institutions. While research has been presented that supports both sides of the debate, the existing literature has yet to produce consistent and compelling evidence in favor of one side or the other. This book undertakes a comprehensive examination of the "tyranny of the majority" critique of direct democracy by examining a host of contemporary American state policies that affect the rights of a variety of minority groups. By assessing the impact of direct democracy on both ballot measures and traditional legislation, the book provides a more complete picture of how citizen legislative institutions can affect minority rights, covering a myriad of contemporary (and sometimes controversial) minority rights issues, including same-sex marriage, affirmative action, official English, hate crimes laws, racial profiling, and anti-discrimination laws. The book is unique in its approach and scope, making it compelling for scholars interested in direct democracy, state politics, minority politics and electoral institutions, as well as American politics generally.
For the Many or the Few
Author: John G. Matsusaka
Publisher: University of Chicago Press
ISBN: 0226510875
Category : Political Science
Languages : en
Pages : 215
Book Description
Direct democracy is alive and well in the United States. Citizens are increasingly using initiatives and referendums to take the law into their own hands, overriding their elected officials to set tax, expenditure, and social policies. John G. Matsusaka's For the Many or the Few provides the first even-handed and historically based treatment of the subject. Drawing upon a century of evidence, Matsusaka argues against the popular belief that initiative measures are influenced by wealthy special interest groups that neglect the majority view. Examining demographic, political, and opinion data, he demonstrates how the initiative process brings about systematic changes in tax and expenditure policies of state and local governments that are generally supported by the citizens. He concludes that, by and large, direct democracy in the form of the initiative process works for the benefit of the many rather than the few. An unprecedented, comprehensive look at the historical, empirical, and theoretical components of how initiatives function within our representative democracy to increase political competition while avoiding the tyranny of the majority, For the Many or the Few is a most timely and definitive work.
Publisher: University of Chicago Press
ISBN: 0226510875
Category : Political Science
Languages : en
Pages : 215
Book Description
Direct democracy is alive and well in the United States. Citizens are increasingly using initiatives and referendums to take the law into their own hands, overriding their elected officials to set tax, expenditure, and social policies. John G. Matsusaka's For the Many or the Few provides the first even-handed and historically based treatment of the subject. Drawing upon a century of evidence, Matsusaka argues against the popular belief that initiative measures are influenced by wealthy special interest groups that neglect the majority view. Examining demographic, political, and opinion data, he demonstrates how the initiative process brings about systematic changes in tax and expenditure policies of state and local governments that are generally supported by the citizens. He concludes that, by and large, direct democracy in the form of the initiative process works for the benefit of the many rather than the few. An unprecedented, comprehensive look at the historical, empirical, and theoretical components of how initiatives function within our representative democracy to increase political competition while avoiding the tyranny of the majority, For the Many or the Few is a most timely and definitive work.
Educated by Initiative
Author: Daniel A. Smith
Publisher: University of Michigan Press
ISBN: 0472024256
Category : Political Science
Languages : en
Pages : 248
Book Description
"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.
Publisher: University of Michigan Press
ISBN: 0472024256
Category : Political Science
Languages : en
Pages : 248
Book Description
"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.