The Initial Study On American Referendum, Initiative And Recall Mechanism

Referendum, initiative and recall belong to direct democracy, in which voters direct legislate and remove officials to influence government. As a part of American political system, referendum, initiative and recall reflect the concept of the sovereignty of the people to some extent .promoting American local politics democrat and rational and having a great influence on state and local government .The thesis focuses on the emergence of three mechanism,the legal foundation utilization and evaluation.Referendum, initiative and recall are a old political system,coming from ancient Greece and Rome.Referendum,initiative and recall were used and had legal foundation in early American history.Referendum .initiative and recall appeared American western state and local government at the beginning of 20th century,intemally because of defeat of American representative system. First,representative democracy estranges citizen from political decision, causing political elite to control political procedure .Second,represents often separate themselves from voters,and they can not express voters wish .Third,representative democracy exists defect of supervising public authority by internal mechanism,so external supervision of citizen fully attentence is demanded to restrict.In theory , direct democracy remedies the defect of representative democracy. The direct democracy' s advantages appear: First, the sovereign citizen plays a role in politics, guaranteeing democrat rights of the citizen-Second, the citizen participates in government and political affairs widely, strengthening supervising government, promoting the responsible politics, enhancing government efficiency and clear.With the monopoly group interfering the politics, defect of American representative democracy appeared clear at the beginning of 20th century, so the era needs the referendum, initiative and recall mechanism.Referendunvnm'ative and recall are authorized by state constitution .statutes and local charters.No uniform procedure exists for referendum initiative and recall.I focus on three mechanism of majority state and local govemment,and dicuss type,legal procedure and restrictions on use.Referendum,initiative andrecall may be classified as (1) state and local (2) constitutional or statutory.Initiative is classified as direct or indirect ,advisory.Referendum is classified as mandatory and voluntary referendum.The procedure is classified three parts :collecting certified signatures,submitting petition,voting on petition.In order that referendum .initiative and recall might become mature to play actively function,preventing their abusing,some states place restrictions on their use.The use of referendum, initiative and recall is classified: ear1y,middle,later period, which is progressive era, from thirty to sixty era^from seventy era to now. The progressive era was pregnant with referendum, initiative and recall.The later operation is based on the early periodlts use was lower,decreasing the lowest in the 1960s,Since the 1970s,civil right and student movement have promoted the citizen interest in politics,so the direct democracy comes in the second spring .Referendum,initiative and recall have became a necessary supplement of representative governmentIts development has proved mat referendum,initiative and recall promote American local politics democrat and sound..Social progress and adjustment politically based on the use of them.Rrferenduminitiative and recall is not a perfect political system,existing some obvious defectThe use of them enlightens us mat represntative democracy is still dominant,direct democracy being only a supplement,so it can not take the place of it.