Original scientific paper

Direct democracy in the United States of America: constitutional initiative

Biljana Kostadinov ; associate professor at the Chair of Constitutional Law, Faculty of Law, Zagreb University, Croatia
Sanja Barić ; assistant professor at the Chair of Constitutional Law, Faculty of Law, Rijeka University, Croatia

Abstract

Although the USA is one of the states that does not have provisions for the forms of direct democracy at federal level, the constitutions of American federal states have accepted the institute of constitutional and legal initiative, which is one of the key elements that differs them from the Constitution of the United States of America. The citizens of 24 American federal states directly decided about 2,155 constitutional and law drafts between 1904 and 2005. The American people expect the institutions of direct democracy to be used more extensively in
the 21st century. The authors explain constitutional solutions and the effects of implementation of these institutes on the shaping of state policies in the respective federal states. The institute is used for bypassing the state legislatures in order to limit their freedom of action by constitutionalising the political choices. Tax- -reduction initiatives limit the revenues legislatures can levy and spend, and thus
control the damage. This institute is becoming a means of launching changes in different public areas, such as taxes and expenditures, campaign financing, public education. However, the state legislatures can limit effects of the successful initiatives by withholding financial aid necessary for their implementation. State policy does not finish at the moment the initiatives are adopted by citizens. Sanctions depend on citizens’ ability to establish the facts about the compliance with the decisions made by direct citizens’ participation, and on clarity of the
texts adopted by initiatives.

Keywords

direct democracy – USA; citizens’ constitutional and legal initiative; state policy and legislature; constitutional law

Hrčak ID:

135364

URI

https://hrcak.srce.hr/135364

Publication date:

7.9.2007.

Article data in other languages: croatian

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