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The optional referendum is a referendum which comes from a request by governmental authorities or the public. The best known types of optional referendums is the popular initiative to request a law, and the popular (or abrogative) referendum to repeal a law. The collection of signatures from the public is normally necessary to organize an optional referendum, but some jurisdictions allow government agencies to request for a referendum also. It is a form of direct democracy.
The optional referendum is in contrast to a mandatory referendum in that it is a requested referendum, whereas the subject matter of a mandatory referendum is a legally required to be put to a referendum.
There are a few major types of optional referendums:
In Switzerland the popular referendum is known as a facultative referendum (German : fakultatives Referendum; French : référendum facultatif, Italian : referendum facoltativo, Romansh : referendum facultativ) It allows citizens to oppose laws voted by the federal parliament, cantonal and/or municipal decrees by legislative and/or executive bodies. It also allows them to propose new laws in a popular initiative.
The popular referendum was first introduced in the cantons (e.g. in the Canton of Zurich since 1869). At federal level, the optional referendum was introduced by the Federal Constitution of 1874 (Article 74). [1]
The ratification of the Gotthard Treaty of 1909 triggered widespread protests and ultimately led to a petition being submitted. In the referendum of 1921, the optional referendum for state treaties that are valid for more than 15 years or for an indefinite period of time was then introduced.
The number of signatures required from Swiss voters for a popular referendum was initially 30,000. Due to the massive increase in the number of voters due to population growth and the introduction of women's suffrage in 1971, the number was increased to 50,000 valid signatures in 1977.
In Switzerland, a cantonal referendum was held for the first and only time in 2003. It related to changes in marriage, family and housing taxation (the so-called “tax package”). The contested bill was rejected in the referendum on May 16, 2004. [2]
On a federal level a vote will be organised on every law against which opponent collect 50,000 valid signatures during the period of 100 days after publication by the parliament.
A referendum can also be requested by a minimum of eight cantons, the so-called cantonal referendum (not to be confused with a mandatory or optional referendum on a cantonal level).
Optional referendums | 1874-1950 | 1951-1980 | 1981- Nov. 2014 | Total |
---|---|---|---|---|
Accepted | 20 | 19 | 59 | 98 |
Rejected | 34 | 18 | 26 | 78 |
Total | 54 | 37 | 85 | 176 |
Source: Swiss Federal Statistical Office [3] |
The government of Switzerland is a federal state with direct democracy.
A referendum is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a new policy or specific law, or the referendum may be only advisory. In some countries, it is synonymous with and also known as plebiscite, votation, popular consultation, ballot question, ballot measure, or proposition.
Direct democracy or pure democracy is a form of democracy in which the electorate decides on policy initiatives without elected representatives as proxies. This differs from the majority of currently established democracies, which are representative democracies. The theory and practice of direct democracy and participation as its common characteristic constituted the core of the work of many theorists, philosophers, politicians, and social critics, among whom the most important are Jean-Jacques Rousseau, John Stuart Mill, and G.D.H. Cole.
A popular initiative is a form of direct democracy by which a petition meeting certain hurdles can force a legal procedure on a proposition.
In the politics of the United States, the process of initiatives and referendums allow citizens of many U.S. states to place legislation on the ballot for a referendum or popular vote, either enacting new legislation, or voting down existing legislation. Citizens, or an organization, might start a popular initiative to gather a predetermined number of signatures to qualify the measure for the ballot. The measure is placed on the ballot for the referendum, or actual vote.
The rise of Switzerland as a federal state began on 12 September 1848, with the creation of a federal constitution in response to a 27-day civil war, the Sonderbundskrieg. The constitution, which was heavily influenced by the United States Constitution and the ideas of the French Revolution, was modified several times during the following decades and wholly replaced in 1999. The 1848 constitution represented the first time, other than when the short-lived Helvetic Republic had been imposed, that the Swiss had a central government instead of being simply a collection of autonomous cantons bound by treaties.
The Federal Constitution of the Swiss Confederation of 18 April 1999 is the third and current federal constitution of Switzerland.
Voting in Switzerland is the process by which Swiss citizens make decisions about governance and elect officials. The history of voting rights in Switzerland mirrors the complexity of the nation itself. The polling stations are opened on Saturdays and Sunday mornings but most people vote by post in advance. At noon on Sunday, voting ends and the results are usually known during the afternoon.
Ten referendums were held in Switzerland during 2008. The first two were held on 24 February on business tax reform and aircraft noise. A further three were held on 1 June on public information campaigns, naturalisation and health reform. The final five were held on 30 November on legalising cannabis, making the pension age flexible, restricting the right of appeal of associations against construction projects, amending the constitutional article on narcotics and eliminating the statute of limitations with respect to pornographic crimes against children.
A popular referendum, depending on jurisdiction also known as a citizens' veto, people's veto, veto referendum, citizen referendum, abrogative referendum, rejective referendum, suspensive referendum, and statute referendum, is a type of a referendum that provides a means by which a petition signed by a certain minimum number of registered voters can force a public vote (plebiscite) on an existing statute, constitutional amendment, charter amendment, or ordinance; in its minimal form, it simply obliges the executive or legislative bodies to consider the subject by submitting it to the order of the day. It is a form of direct democracy.
Twelve national referendums were held in Switzerland during 2012. On 11 March, voters across the country were asked five questions on employment leave, second houses, building society savings, the Fixed Book Price Agreement and gambling revenues. On 17 June, there were three questions on healthcare, foreign policy and home buying. On 23 September, there were three on a smoking ban, secure housing in old age and music lessons at school. A final referendum was held on 25 November on the Animal Diseases Act.
Four referendums were held in Switzerland during 1935. The first was held on 24 February on a federal law reorganising the military, and was approved by voters. The second was held on 5 May on a federal law on the transport of goods and animals on roads, and was rejected by two-thirds of voters. The third was held on 2 June on a popular initiative "to combat the economic crisis" and was also rejected by voters. The fourth was held on 8 September on a popular initiative "for a total revision of the federal constitution", and was rejected by 72% of voters.
Referendums in Germany are an element of direct democracy. On the federal level only two types of a mandatory binding referendum exist – adopting a new constitution and regional referendums in case of restructuring the states. On the state level, all states have various types of statewide and municipal referendums.
A popular initiative allows people to suggest laws on a national, cantonal, and municipal level.
A mandatory referendum, also known as an obligatory referendum, is a referendum that is legally required to be held under specific circumstances. This is in contrast to an optional referendum, which comes from either by public or legislative request. The actions that require mandatory referendums are set by law and normally concern major governmental actions or matters of large public significance. The most commonly found example worldwide of a mandatory referendum is a required referendum to adopt or amend a national constitution, which exists in many countries.
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This article summarises referendum laws and practice in various countries.
The Référendum d'initiative Citoyenne is the name given to the proposal for a constitutional amendment in France to permit consultation of the citizenry by referendum concerning the proposition or abrogation of laws, the revocation of politicians' mandates, and constitutional amendment.
Federal referendums were held in Switzerland on 7 March, 13 June, 26 September, and 28 November 2021. Swiss referendums take three forms: popular initiatives, which are citizen proposals to create a new law and require 100,000 valid signatures on a petition to get on the ballot; facultative or optional referendums, which are citizen proposals to approve or reject a piece of existing law and require 50,000 valid signatures on a petition to get on the ballot; and mandatory referendums, which are required to revise the constitution, join an international organisation or introduce emergency federal legislation for over a year.
The financial referendum is a form of the referendum and an instrument of direct democracy. It always relates to parts of the public budget of a government and allows citizens to vote directly on individual budget items.
The federal popular initiative, is a Swiss civic right enabling 100,000 citizens with voting rights to propose a total or partial amendment to the Federal Constitution and submit it to a popular vote. The citizens behind the initiative, grouped together in an initiative committee, have 18 months in which to gather the approval of 100,000 citizens. To do this, the 100,000 citizens must affix their handwritten signatures to a signature list, including the text and title of the popular initiative. If 100,000 signatures are collected within 18 months, the initiative is put to the vote. If this is not the case, the initiative is declared "unsuccessful" and the procedure is terminated. The right of initiative also has its counterpart at cantonal and communal level; the procedure, including the number of signatures required and the deadline for collecting them, varies from one sovereign Swiss canton to another.