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The Legal Limits of Direct Democracy

The Legal Limits of Direct Democracy
Author: Moeckli, Daniel
Publisher: Edward Elgar Publishing
Total Pages: 296
Release: 2021-07-31
Genre: Law
ISBN: 1800372809

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With the rise of direct-democratic instruments, the relationship between popular sovereignty and the rule of law is set to become one of the defining political issues of our time. This important and timely book provides an in-depth analysis of the limits imposed on referendums and citizens’ initiatives, as well as of systems of reviewing compliance with these limits, in 11 European states.


Citizenship and Contemporary Direct Democracy

Citizenship and Contemporary Direct Democracy
Author: David Altman
Publisher: Cambridge University Press
Total Pages: 283
Release: 2019
Genre: Political Science
ISBN: 1108496636

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Offers a comparative study of the origins, performance, and reform of contemporary mechanisms of direct democracy.


The Law of Direct Democracy

The Law of Direct Democracy
Author: Henry S. Noyes
Publisher:
Total Pages: 0
Release: 2014
Genre: Recall
ISBN: 9781611632767

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To access the 2014-15 supplement, click here. 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. "Henry Noyes' comprehensive and detailed tome The Law of Direct Democracy is a thorough and meticulous study of all the practical issues pertaining to direct democracy. Limited to the US--where roughly half of the states have provisions for direct democracy--Noyes cites and analyses the major court cases and provides extracts to the major documents debating and challenging direct democracy, such as the Federalist Papers. The book gives a sober--and realistic--overview of the pros and cons of having a system that allows the voters to vote directly on laws. This book is not a polemic and nor does it take sides. It merely presents the facts and the 'law of direct democracy'. This is a valuable book and the sections on the 'recall' especially will provide interesting examples--and ammunition--for those who claim that the recall would lead to political chaos. This book may not become a run-away bestseller, but it is a valuable volume for those who have a scholarly interest in referendums." -- Matt Qvortrup, Political Studies Review "The current volume gathers together many of the 'hot topics' with respect to direct democracy in the United States. It is an eye-opening account (truncated for space reasons) of all the court cases that make up case law for direct democracy.... For those wanting to pursue a political voice that grows louder each year, this volume provides a useful filter to those issues. The summaries of the cases are easy to read and informative..." -- Mark Y. Herring, American Reference Books Annual 2015 and ARBAonline "The law relating to initiatives and referendums, though of great importance, is seldom taught in law schools and seldom studied by lawyers. With his excellent casebook on direct democracy, Professor Noyes has filled an important need." -- Dr. Joseph R. Grodin, Distinguished Emeritus Professor of Law, UC Hastings College of the Law; Former Associate Justice, California Supreme Court


Educated by Initiative

Educated by Initiative
Author: Daniel A. Smith
Publisher: University of Michigan Press
Total Pages: 248
Release: 2009-11-12
Genre: Political Science
ISBN: 0472024256

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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.


A Comparative Study of Referendums

A Comparative Study of Referendums
Author: Mads Qvortrup
Publisher: Manchester University Press
Total Pages: 212
Release: 2005-10-07
Genre: Political Science
ISBN: 9780719071812

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Combining an account of the political history and philosophy of the referendum, with a thorough assessment of the practical experiences with referendums in western democracies, this book has established itself as the unrivalled market-leader in the field. Fully revised and with new chapters on campaign spending and the administration of referendums, the second edition of this book provides a thorough overview of the theory and practice of referendums.


Direct Democracy and Minority Rights

Direct Democracy and Minority Rights
Author: Daniel C. Lewis
Publisher: Routledge
Total Pages: 138
Release: 2013
Genre: Political Science
ISBN: 0415537436

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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.


American Government 3e

American Government 3e
Author: Glen Krutz
Publisher:
Total Pages: 0
Release: 2023-05-12
Genre:
ISBN: 9781738998470

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Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.


Direct Democracy Worldwide

Direct Democracy Worldwide
Author: David Altman
Publisher: Cambridge University Press
Total Pages: 265
Release: 2010-12-20
Genre: Political Science
ISBN: 1139495437

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Challenging the common assumption that models of direct democracy and representative democracy are necessarily at odds, Direct Democracy Worldwide demonstrates how practices of direct and representative democracy interact under different institutional settings and uncovers the conditions that allow them to coexist in a mutually reinforcing manner. Whereas citizen-initiated mechanisms of direct democracy can spur productive relationships between citizens and political parties, other mechanisms of direct democracy often help leaders bypass other representative institutions, undermining republican checks and balances. The book also demonstrates that the embrace of direct democracy is costly, may generate uncertainties and inconsistencies, and can be manipulated. Nonetheless, the promise of direct democracy should not be dismissed. Direct democracy is much more than a simple, pragmatic second choice when representative democracy seems not to be working as expected. Properly designed, it can empower citizens, breaking through some of the institutionalized barriers to accountability that arise in representative systems.


Legal Duty and Upper Limits

Legal Duty and Upper Limits
Author: Bernd Reiter
Publisher: Anthem Press
Total Pages: 154
Release: 2020-11-27
Genre: Political Science
ISBN: 1785276387

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This book proposes a radical new way of thinking about our democratic future, our ecological survival, and our ways to keep economies fair. It shows that adopting upper limits to wealth and income; replacing elections with local direct democracy and legal duty involving randomly selected citizens; and replacing welfare and redistribution policies with pre-distribution and reparations promises new solutions to political apathy, discontent, manipulation, economic inequality, unfairness, unequal opportunities, and looming ecological disaster.


Stealing the Initiative

Stealing the Initiative
Author: Elisabeth R. Gerber
Publisher: Pearson
Total Pages: 134
Release: 2001
Genre: Political Science
ISBN:

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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.