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This casebook examines the initiative, referendum and recall. In each of the three sections of the casebook, we begin with an overview of the relevant law (both constitutional and statutory), followed by an explanation of the process, and then look at data provided by the California Secretary of State. There are a myriad of court decisions in California addressing legal issues that have arisen over the more than one hundred years these forms of direct democracy have existed in this state. The court decisions used in this casebook were chosen because they help explain the relevant law and provide a helpful analysis of the legal issues the court faced. After each decision, as well as with several sections of the explanatory materials, there are notes and questions provided to stimulate further thought and discussion of key legal issues raised. -- from publisher.
This book aims to provide a comprehensive, up-to-date survey of direct democratic institutions and devices as they have developed both in the thinking of modern political theorists and in actual political practice in the world's major democratic nations.
Challenging the common assumption that models of direct democracy and representative democracy are necessarily at odds, Direct Democracy Worldwide demonstrates how practices of direct and representative democracy interact under different institutional settings and uncovers the conditions that allow them to coexist in a mutually reinforcing manner. Whereas citizen-initiated mechanisms of direct democracy can spur productive relationships between citizens and political parties, other mechanisms of direct democracy often help leaders bypass other representative institutions, undermining republican checks and balances. The book also demonstrates that the embrace of direct democracy is costly, may generate uncertainties and inconsistencies, and can be manipulated. Nonetheless, the promise of direct democracy should not be dismissed. Direct democracy is much more than a simple, pragmatic second choice when representative democracy seems not to be working as expected. Properly designed, it can empower citizens, breaking through some of the institutionalized barriers to accountability that arise in representative systems.
Offers a comparative study of the origins, performance, and reform of contemporary mechanisms of direct democracy.
In November 2000, when the now-infamous "butterfly ballot" confused crucial Florida voters during a hotly contested presidential race, the importance of well-designed ballots to a functioning democracy caught the nation's attention. Recognizing that our entire voting process—from registering to vote to following instructions at the polling place—can be almost as confusing as the Florida ballot, Design for Democracy builds on the lessons of 2000 by presenting innovative steps for redesigning elections in the service of citizens. Handsomely designed itself, this volume showcases adaptable design models that can improve almost every part of the election process by maximizing the clarity and usability of ballots, registration forms, posters and signs, informational brochures and guides, and even administrative materials for poll workers. Design for Democracy also lays out specific guidelines—covering issues of color palette, typography, and image use—that anchor the comprehensive election design system devised by the group of design specialists from whose name the book takes its title. Part of a major AIGA strategic program, this group's prototypes and recommendations have already been used successfully in major Illinois and Oregon elections and, collected here, are likely to spread across the country as more people become aware of the myriad benefits and broad applicability of improved election design. An essential tool for designers and election officials, lawmakers and citizens, Design for Democracy harnesses the power of design to increase voter confidence, promote government transparency, and, perhaps most important, create an informed electorate.
A bracingly provocative challenge to one of our most cherished ideas and institutions Most people believe democracy is a uniquely just form of government. They believe people have the right to an equal share of political power. And they believe that political participation is good for us—it empowers us, helps us get what we want, and tends to make us smarter, more virtuous, and more caring for one another. These are some of our most cherished ideas about democracy. But Jason Brennan says they are all wrong. In this trenchant book, Brennan argues that democracy should be judged by its results—and the results are not good enough. Just as defendants have a right to a fair trial, citizens have a right to competent government. But democracy is the rule of the ignorant and the irrational, and it all too often falls short. Furthermore, no one has a fundamental right to any share of political power, and exercising political power does most of us little good. On the contrary, a wide range of social science research shows that political participation and democratic deliberation actually tend to make people worse—more irrational, biased, and mean. Given this grim picture, Brennan argues that a new system of government—epistocracy, the rule of the knowledgeable—may be better than democracy, and that it's time to experiment and find out. A challenging critique of democracy and the first sustained defense of the rule of the knowledgeable, Against Democracy is essential reading for scholars and students of politics across the disciplines. Featuring a new preface that situates the book within the current political climate and discusses other alternatives beyond epistocracy, Against Democracy is a challenging critique of democracy and the first sustained defense of the rule of the knowledgeable.
This volume offers a comprehensive overview of current debates about democracy across the globe. Since the political turmoil in Eastern Europe began in the 1980s, the debate about the meaning and future of democracy has intensified. Prospects for Democracy assesses this debate through wide-ranging theoretical considerations and a diverse set of case studies. The volume begins with a major overview of the concept of democracy from ancient city states to contemporary discussion about the possibility of international democracy. In the next section a series of contemporary models of democracy are examined and their strengths and limits explored. The third section confronts a wide variety of questions about the proper form and scope of democratic politics. In the final part, the context and prospects of democracy are investigated across many of the world's major regions including Western and Eastern Europe, North America, Latin America, Asia, sub-Saharan Africa and the Middle East. This volume will be widely welcomed by all those, academics and non-academics alike, who have an interest in the meaning and future of democracy as we approach the 21st century.
Who should have the last word on fundamental policy issues? This book analyzes the rise of two contenders - the people, through direct democracy, and the courts. Now available in nearly half the states, direct democracy has surged in recent decades. Through ballot measures, voters have slashed taxes, mandated government spending, imposed term limits on elected officials, enacted campaign finance reform, barred affirmative action, banned same-sex marriage, and adopted many other controversial laws. In several states, citizens now bypass legislatures to make the most important policy decisions. However, the 'people's rule' is not absolute. This book demonstrates that courts have used an expanding power of judicial review to invalidate citizen-enacted laws at remarkably high rates. The resulting conflict between the people and the courts threatens to produce a popular backlash against judges and raises profound questions about the proper scope of popular sovereignty and judicial power in a constitutional system.
Originally published in 2000, The Right to Vote was widely hailed as a magisterial account of the evolution of suffrage from the American Revolution to the end of the twentieth century. In this revised and updated edition, Keyssar carries the story forward, from the disputed presidential contest of 2000 through the 2008 campaign and the election of Barack Obama. The Right to Vote is a sweeping reinterpretation of American political history as well as a meditation on the meaning of democracy in contemporary American life.