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قراءة كتاب Direct Legislation by the Citizenship through the Initiative and Referendum
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Direct Legislation by the Citizenship through the Initiative and Referendum
remain no profound problems of state, no abstruse questions as to authorities, no conflict as to what is the law. Word fresh from the people is law.
The Federal Referendum.
The Federal Referendum, first established by the constitution of 1874, is optional. The demand for it must be made by 30,000 citizens or by eight cantons. The petition for a vote under it must be made within ninety days after the publication of the proposed law. It is operative with respect either to a statute as passed by the Federal Assembly (congress), or a decree of the executive power. Of 149 Federal laws and decrees subject to the Referendum passed up to the close of 1891 under the constitution of 1874, twenty-seven were challenged by the necessary 30,000 petitioners, fifteen being rejected and twelve accepted. The Federal Initiative was established by a vote taken on Sunday, July 5, 1891. It requires 50,000 petitioners, whose proposal must be discussed by the Federal assembly and then sent within a prescribed delay to the whole citizenship for a vote. The Initiative is not a petition to the legislative body; it is a demand made on the entire citizenship.
Where the cantonal Referendum is optional, a successful petition for it frequently secures a rejection of the law called in question. In 1862 and again in 1878, the canton of Geneva rejected proposed changes in its constitution, on the latter occasion by a majority of 6,000 in a vote of 11,000. Twice since 1847 the same canton has decided against an increase of official salaries, and lately it has declined to reduce the number of its executive councilors from seven to five. The experience of the Confederation has been similar. Between 1874 and 1880 five measures recommended by the Federal Executive and passed by the Federal Assembly were vetoed by a national vote.
Revision of Constitutions.
Revision of a constitution through the popular vote is common. Since 1814, there have been sixty revisions by the people of cantonal constitutions alone. Geneva asks its citizens every fifteen years if they wish to revise their organic law, thus twice in a generation practically determining whether they are in this respect content. The Federal constitution may be revised at any time. Fifty thousand voters petitioning for it, or the Federal Assembly (congress) demanding it, the question is submitted to the country. If the vote is in the affirmative, the Council of States (the senate) and the National Council (the house) are both dissolved. An election of these bodies takes place at once; the Assembly, fresh from the people, then makes the required revision and submits the revised constitution to the country. To stand, it must be supported by a majority of the voters and a majority of the twenty-two cantons.
Summary.
To sum up: In Switzerland, in this generation, direct legislation has in many respects been established for the federal government, while in so large a canton as Zurich, with nearly 340,000 inhabitants, it has also been made applicable to every proposed cantonal law, decree, and order,—the citizens of that canton themselves disposing by vote of all questions of taxation, public finance, executive acts, state employment, corporation grants, public works, and similar operations of government commonly, even in republican states, left to legislators and other officials. In every canton having the Initiative and the obligatory Referendum, all power has been stripped from the officials except that of a stewardship which is continually and minutely supervised and controlled by the voters. Moreover, it is possible that yet a few years and the affairs not only of every canton of Switzerland but of the Confederation itself will thus be taken in hand at every step.
Here, then, is evidence incontrovertible that pure democracy, through direct legislation by the citizenship, is practicable—more, is now practiced—in large communities. Next as to its effects, proven and probable.
THE PUBLIC STEWARDSHIP OF SWITZERLAND.
If it be conceived that the fundamental principles of a free society are these: That the bond uniting the citizens should be that of contract; that rights, including those in natural resources, should be equal, and that each producer should retain the full product of his toil, it must be conceded on examination that toward this ideal Switzerland has made further advances than any other country, despite notable points in exception and the imperfect form of its federal Initiative and Referendum. Before particulars are entered into, some general observations on this head may be made.
The Political Status in Switzerland.
An impressive fact in Swiss politics to-day is its peace. Especially is this true of the contents and tone of the press. In Italy and Austria, on the south and east, the newspapers are comparatively few, mostly feeble, and in general subservient to party or government; in Germany, on the north, where State Socialism is strong, the radical press is at times turbulent and the government journals reflect the despotism they uphold; in France, on the west and southwest, the public writers are ever busy over the successive unstable central administrations at Paris, which exercise a bureaucratic direction of every commune in the land. In all these countries, men rather than measures are the objects of discussion, an immediate important campaign question inevitably being whether, when once in office, candidates may make good their ante-election promises. Thus, on all sides, over the border from Switzerland, political turmoil, with its rancor, personalities, false reports, hatreds, and corruptions, is endless. But in Switzerland, debate uniformly bears not on men but on measures. The reasons are plain. Where the veto is possessed by the people, in vain may rogues go to the legislature. With few or no party spoils, attention to public business, and not to patronage or private privilege, is profitable to office holders as well as to the political press.
In the number of newspapers proportionate to population, Switzerland stands with the United States at the head of the statistical list for the world. In their general character, Swiss political journals are higher than American. They are little tempted to knife reputations, to start false campaign issues, to inflame partisan feeling; for every prospective cantonal measure undergoes sober popular discussion the year round, with the certain vote of the citizenship in view in the cantons having the Landsgemeinde or the obligatory Referendum, and a possible vote in most of the other cantons, while federal measures also may be met with the federal optional Referendum.
The purity and peacefulness of Swiss press and politics are due to the national development of today as expressed in appropriate institutions. Of these institutions the most effective, the fundamental, is direct legislation, accompanied as it is with general education. In education the Swiss are preëminent among nations. Illiteracy is at a lower percentage than in any other country; primary instruction is free and compulsory in all the cantons; and that the higher education is general is shown in the four universities, employing three hundred instructors.
An enlightened people, employing the ballot freely, directly, and in consequence effectively—this is the true sovereign governing power in Switzerland. As to what, in general terms, have been the effects of this power on the public welfare, as to how the Swiss themselves feel toward their government, and as to what are the opinions of foreign observers on the recent changes through the Initiative and Referendum, some testimony may at this point be offered.
In the present year, Mr. W.D. McCrackan has published in the "Arena" of Boston his observations of Swiss politics. He found, he says, the