DEMOCRACY BY INITIATIVE:
Shaping California’s Fourth Branch of Government, Second Edition (2008)
This is a well reasoned, well researched report on the
issues and challenges to direct democracy as it now is
institutionalized within the State of California. The report is
objective but far from neutral. It is driven by the purpose of
broadening and strengthening direct democracy. It lauds what is
working, identifies flaws, and suggests solutions to those flaws.
Advocates of direct democracy should read this book. No
excuses! It’s free on the internet from the Center for
Governmental Studies site: www.cgs.org
Key points from the introduction:
“California’s ballot initiative process has become a major catalyst of reform in the state and the leading example of direct democracy in the nation. Ballot initiatives bypass the normal institutions of representative government and place legislative power directly in the hands of the people....”
“During the past three decades,
Californians have used ballot initiatives to write, circulate, debate
and adopt many of the state’s most important laws.... On many of
these pressing issues, the elected state legislature and governor
failed to act or respond in a manner that would satisfy interested
parties.....”
“When early 20th-century Progressives designed California’s ballot initiative process, they envisioned that it would act as a safety valve, enabling citizens to supplement the work of the legislature when it failed or refused to act. Today’s initiative process, however, has outstripped this vision. An emerging culture of democracy by initiative is transforming the electorate into a fourth and new branch of state government. Voters now exercise many of the powers traditionally reserved for the legislative branch of government (emphasis added).”
The report is broadly divided into two sections:
1. History, and
2. Issues and recommendations.
It also includes a brief section discussing implementation of the recommendations.
The history section is delightful. Here you can find how
California came to have a very strong process for Initiative,
Referendum, and Recall (IRR). Also there’s
substantial information on how IRR have been used over during the
century (well almost) that they’ve been available in
CA.
The issues and recommendations section raises and discusses most of the
problems with IRR that have been identified in the California
experience. Some of the issues are process or rules
oriented. To name a few: limiting judicial review, a non-partisan
method for writing ballot descriptions, fair media access, etc.
etc. Some of the issues are of a technical nature (like
using the internet for voting), or of a philisophical nature (the
influence of money on elections). However, a substantial group of
issues could be characterized as associated with the need for improved
discourse and deliberation in shaping and approving
initiatives. The report is ‘cutting edge’ in
this respect. Serious advocates for direct democracy almost
uniformly state that we need to improve current processes to allow for
deeper discourse and deliberation .
I don’t necessarily agree with all the recommendations in this
report. But I surely do agree with their perspective, and the
importance of the issues that they raise. Let me repeat:
advocates of direct democracy should read this book. No
excuses! It’s free on the internet from the Center for
Governmental Studies site (www.cgs.org).