Popular consultation

Last updated

Popular consultations or popular suffrages in constitutional law and history are public deliberation by the people making decisions as electoral body and as legislator, taken in the exercise of a form of political participation. When the people are deciding in a direct manner over what is submitted for a popular consultation, both the bodies of the State and the citizens are exercising a form of direct democracy.

Suffrage right to vote

Suffrage, political franchise, or simply franchise is the right to vote in public, political elections. In some languages, and occasionally in English, the right to vote is called active suffrage, as distinct from passive suffrage, which is the right to stand for election. The combination of active and passive suffrage is sometimes called full suffrage.

Constitutional law body of law

Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments.

A people is a plurality of persons considered as a whole, as is the case with an ethnic group or nation, but that is distinct from a nation which is more abstract, and more overtly political. Collectively, for example, the contemporary Frisians and Danes are two related Germanic peoples, while various Middle Eastern ethnic groups are often linguistically categorized as Semitic peoples.

Contents

In such way popular consultations taken place as parenthesis of representative democracy, only in countries where the constitutional law recognize popular sovereignty.

Representative democracy Democracy where citizens elect a small set of people to represent them in decision making

Representative democracy is a type of democracy founded on the principle of elected officials representing a group of people, as opposed to direct democracy. Nearly all modern Western-style democracies are types of representative democracies; for example, the United Kingdom is a constitutional monarchy, France is a unitary state, and the United States is a federal republic.

Popular sovereignty, or sovereignty of the peoples' rule, is the principle that the authority of a state and its government are created and sustained by the consent of its people, through their elected representatives, who is the source of all political power. It is closely associated with social contract philosophers such as Thomas Hobbes, John Locke and Jean-Jacques Rousseau. Popular sovereignty expresses a concept and does not necessarily reflect or describe a political reality. The people have the final say in government decisions. Benjamin Franklin expressed the concept when he wrote, "In free governments, the rulers are the servants and the people their superiors and sovereigns".

There are different types of popular political consultations according to what is established in the political constitution of every country.

A political constitution is a constitution where the legislature is the main check upon executive power. It can be contrasted to a legal constitution, where it is the judiciary which provides the greater checks upon government. In many countries both political and legal checks will be used to control the government.

A ballot is a device used to cast votes in an election, and may be a piece of paper or a small ball used in secret voting. It was originally a small ball used to record decisions made by voters.

Electoral system method by which voters make a choice between options

An electoral system is a set of rules that determine how elections and referendums are conducted and how their results are determined. Political electoral systems are organized by governments, while non-political elections may take place in business, non-profit organisations and informal organisations.

Initiative means by which a petition signed by a certain minimum number of registered voters can force a public vote

In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a government to choose to either enact a law or hold a public vote in parliament in what is called indirect initiative, or under direct initiative, the proposition is immediately put to a plebiscite or referendum, in what is called a Popular initiated Referendum or citizen-initiated referendum).

Are not included polls consultations, until they will be recognized by a constitutional law.

Voting method for a group such as a meeting or an electorate to make a decision or express an opinion

Voting is a method for a group, such as a meeting or an electorate, in order to make a collective decision or express an opinion, usually following discussions, debates or election campaigns. Democracies elect holders of high office by voting. Residents of a place represented by an elected official are called "constituents", and those constituents who cast a ballot for their chosen candidate are called "voters". There are different systems for collecting votes.

In institutions of law and ancient history is not distinguishable between the people as elector and people as legislator.

A legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people of the state. Legislatures may be supra-national, national, regional, or local.

See also

Related Research Articles

Direct democracy democracy in which all people make the decisions as a group, without intermediate representants

Direct democracy or pure democracy is a form of democracy in which people decide on policy initiatives directly. This differs from the majority of currently established democracies, which are representative democracies.

Semi-direct democracy is a type of democracy that combines the mechanisms of direct democracy and representative government. In semi-direct democracy, representatives administer daily governance, but citizens keep the sovereignty, being able to control their governments and laws through different forms of popular action: binding referendum, popular initiative, revocation of mandate, plebiscites, and public consultations. The first two forms—referendums and initiatives—are examples of direct legislation.

Deliberative democracy or discursive democracy is a form of democracy in which deliberation is central to decision-making. It adopts elements of both consensus decision-making and majority rule. Deliberative democracy differs from traditional democratic theory in that authentic deliberation, not mere voting, is the primary source of legitimacy for the law.

A constituent assembly or constitutional assembly is a body or assembly of popularly elected representatives composed for the purpose of drafting or adopting a constitutional-type document. The constituent assembly is a subset of a constitutional convention elected entirely by popular vote; that is, all constituent assemblies are constitutional conventions, but a constitutional convention is not necessarily a constituent assembly. As the fundamental document constituting a state, a constitution cannot normally be modified or amended by the state's normal legislative procedures; instead a constitutional convention or a constituent assembly, the rules for which are normally laid down in the constitution, must be set up. A constituent assembly is usually set up for its specific purpose, which it carries out in a relatively short time, after which the assembly is dissolved. A constituent assembly is a form of representative democracy.

In the politics of the United States, the process of initiatives and referendums allow citizens of many U.S. states to place new legislation on a popular ballot, or to place legislation that has recently been passed by a legislature on a ballot for a popular vote. Initiatives and referendums, along with recall elections and popular primary elections, are signature reforms of the Progressive Era; they are written into several state constitutions, particularly in the West.

Voting in Switzerland is the process by which Swiss citizens make decisions about governance and elect officials. 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.

National initiative organization

National initiative refers to a proposed process to petition an initiative at the federal level in the United States via a national vote on the national ballot measure. While some U.S. states allow direct or indirect initiatives, there are currently no national initiatives in the United States.

Popular referendum referendum to repeal a new or existing law

A popular 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, or, in its minimal form, to simply oblige 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.

In governance, sortition is the selection of political officials as a random sample from a larger pool of candidates, a system intended to ensure that all competent and interested parties have an equal chance of holding public office. It also minimizes factionalism, since there would be no point making promises to win over key constituencies if one was to be chosen by lot, while elections, by contrast, foster it.  In ancient Athenian democracy, sortition was the traditional and primary method for appointing political officials, and its use was regarded as a principal characteristic of democracy.

1911 California Proposition 7

Proposition 7 of 1911 was an amendment of the Constitution of California that introduced, for the first time, the initiative and the optional referendum. Prior to 1911 the only form of direct democracy in California was the compulsory referendum.

Types of democracy refers to kinds of governments or social structures which allow people to participate equally, either directly or indirectly.

The history of direct democracy amongst non-Native Americans in the United States dates from the 1630s in the New England Colonies. Many New England towns still carry on that tradition in the form of open town meetings.

A citizens' assembly is a body formed from the citizens of a state to deliberate on an issue or issues of national importance. The membership of a citizens' assembly is randomly selected, as in other forms of sortition.

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.

Referendums in France

In France there are two types of referendum:

The following outline is provided as an overview of and topical guide to democracy.

A deliberative referendum is a referendum that increases public deliberation through purposeful institutional design. The term ‵deliberative referendum′ stems from deliberative democracy, which emphasises that ″the legitimacy of decisions can be increased if ... decisions are preceded by authentic deliberation.″ Deliberative design features can promote public deliberation prior to and during the referendum vote to increase its actual and perceived legitimacy. Deliberative referendums encourage open-minded and informed reasoning, rather than rigid ″pre-formed opinions.″ ″[A]fter deliberations, citizens routinely alter their preferences″.

Citizens initiative referendum (France) new right proposition

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.