Direct Legislation by the Citizenship through the Initiative and Referendum by James William Sullivan
page 19 of 122 (15%)
page 19 of 122 (15%)
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[Footnote E: The facts relative to the operation of these two forms of
the Referendum have been given me by Monsieur P. Jamin, of Geneva.] Geneva's management of the optional cantonal Referendum is typical. The constitution provides that, certain of the laws being excepted from the Referendum, and a prerequisite of its operation being the presentation to the Grand Council of a popular petition, the people may sanction or reject not only the bulk of the laws passed by the Grand Council but also the decrees issued by the legislative and executive powers. The exceptions are (1) "measures of urgence" and (2) the items of the annual budget, save such as establish a new tax, increase one in force, or necessitate an issue of bonds. The Referendum cannot be exercised against the budget as a whole, the Grand Council indicating the sections which are to go to public vote. In case of opposition to any measure, a petition for the Referendum is put in circulation. To prevent the measure from becoming law, the petition must receive the legally attested signatures of at least 3,500 citizens--about one in six of the cantonal vote--within thirty days after the publication of the proposed measure. After this period--known as "the first delay"--the referendary vote, if the petition has been successful, must take place within forty days--"the second delay." The power of declaring measures to be "of urgence" lies with the Grand Council, the body passing the measures. Small wonder, then, that in its eyes many bills are of too much and too immediate importance to go to the people. "The habit," protested Grand Councilor M. Putet, on one occasion, "tends more and more to introduce itself here of decreeing urgence unnecessarily, thus taking away from the Referendum expenses which have nothing of urgence. This is contrary to the spirit of the constitutional law. Public necessity alone can authorize the Grand |
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