2. Direct democracy is a form of government in which people collectively make decisions for themselves, rather than having their political affairs decided by representatives. Direct democracy is classically termed "pure democracy".

3. Direct Democracy in America
(At the State Level)
1- Initiatives/Propositions:
Enables citizens to draft laws and constitutional ammendments and place them on the ballot for a popular vote (24 states)

4. Prop 8 Initatives/Propositions: “Prop 8”
May 15, 2008 Supreme Court of California overturned the state’s ban on same-sex marriage with the ruling In re Marriage Cases (4-3 decision). Made a bill to allow same-sex marriage possible.
2 weeks later, the initiative (Prop 8) to make sure a law to enable same-sex marriage would be very difficult to pass in the future qualified for the November election ballot. This proposition would nullify all laws in CA on same sex marriage by ammending the state constitution. The proposition passed by 52% (7,001,084 votes).
The campaign had cost campaigners $39.9 million (for) and 4.3 million (against)- highest funded campaign on any state ballot EVER.
End of story?

5. Prop 8 Initatives/Propositions: “Prop 8”
Several lawsuits were filed in the State Supreme Court & Federal District Court. The court accepted 3 cases challenging Prop 8, but upheld the voter initiative.
A suit was then filed in a Federal District Court. This suit made it a US Constitution issue using “Equality of rights under the law”. In July 2010, Judge Walker overturned Prop 8. This decision took Prop 8 off the State Consititution as an ammendment, although same-sex marriages are still not allowed.
The issue returned to the CA State Supreme Court...

6. Direct Democracy in America
(On the State Level)
2- Referenda:
Enables citizens to effectively veto a bill passed by the legislature (50 States)
*Similar to propositions but rather than citizens taking the initiative, referendums follow from something the state legislatures themselves have already done. Eg: In some states, a state tax must be approved by a referendum.
24 states (Alaska, Colorado, New Mexico) go further with a provison called a “Popular Referendum”.
In this case, if the state leg passes a law voters do not approve of, they may gather sig to demand a ref on the law. Usually, voters must do this within a 90 day window of the bill being passed.

7. Referenda: “Question 4”
1997 Massachusetts General Court deregulated the state’s electric utility industry.
Citizens gathered enough sigs to have the law placed on the ballot.
65% of the voters in MA voted to retain the law... so nothing happened.

8. Direct Democracy in America
(On the State Level)
3- Recalls:
Allows citizens to remove elected officials from office (18 states)
A type of impeachment- requires 10-40% of the electorate
Gray Davis in 2003
In Cali history, 117 failed attempted until Davis!
1.6 million sigs..
Gray Davis

9. For:
1- Provides a way of enacting reforms on controversial matters that state legislatures are often unwilling or unable to act upon
2- The existence of the process can increase the responsiveness of state legs and increase state leg's performance and accountability
3- Can increase voter turnout
4- Increase citizen interest in state issues & other forms of participation in the process
Against:
1- Propositions lack flexibility- cannot be amended until after it has been adopted- leg is limited in its power to amend laws passed by proposition
Lacks debate, compromise, hearings, public input, etc.
2- Vulnerable to manipulation by special interests- high spending campaigns and media adverts- most extreme opponents & supporters get involved

10. Arguments for direct democracy include:
It increases participation in politics
It raises awareness and informs the public
Decisions are seen to be more legitimate
Direct democracy is a pure form of democracy

11. Arguments against direct democracy include:
In a society of tens of millions, sustained involvement in the decision making process is impossible for the large majority of citizens, hence the growth of representative systems
Direct involvement in the political process would slow down politics and would potentially damage democracy
The problems for referendums include the lack of technical knowledge on the part of citizens that limits their ability to take informed decisions
Democratic legitimacy of referendums may be questioned if public are not presented with a balanced view of the issue
The influence of the media and of other business interests may be cited in respect of both referendums and more direct involvement in the political process
The potential conflict that may arise out of direct decisions being reached differing from the views of those democratically elected to govern

12. Referendums = Single Issue Voting by all citizens

13. Referendums within the EU
Sensitive or complex ethical issues, e.g. abortion, assisted suicide
Parties use referendums to avoid damaging internal party splits
Referendum on key constitutional issues, e.g. new EU constitution

14. UK attitudes to Ref. Associated with European style politics
Threaten to undermine parliamentary democracy
Commitment to adhere to result

15. Referendums in UK
1973, Northern Ireland – govt. did not agree to be bound by results
1975, membership of EU –criticism over wording of question, debate favoured govt view
1979, devolution Scotland & Wales – 40%+ support of electorate
1997, devolution for Scotland and Wales – Labour had a manifesto commitment to devolution, no threshold required, two different questions in Scot. & Wales

16. UK referendums
1998, Northern Ireland – intended to gather support for Peace Process above the heads of troublesome political leaders in NI
1998, London Mayor – positive result, low turnout (45%)
2004, regional assembly, NE – decisive ‘No’ (78%)
Single currency / EU constitution – promised referendums
2014 – Scottish Independence

17. Reasons for growth in popularity
Official recognition, e.g. Electoral Commission (2000) responsible for regulating their conduct
Need for direct democracy
Political participation between general elections
Offer judgements on specific policies
Avoid party divisions
Required for constitutional reforms, e.g. devolution
Popular with New Labour

18. UK equivalent - Referendums