- Author:
Sabina Grabowska
- E-mail:
chatazawsia@wp.pl
- Institution:
Uniwersytet Rzeszowski
- Year of publication:
2016
- Source:
Show
- Pages:
247-265
- DOI Address:
https://doi.org/10.15804/ppk.2016.06.13
- PDF:
ppk/34/ppk3413.pdf
The Polish law provides for two types of people’s initiative. One type is a people’s initiative of putting a bill before the parliament as provided for in Art. 118 subpar. 2 of the Constitution of the Republic of Poland and the Act dated 24 June 1999 on the use of a legislative initiative by citizens. The second type is a people’s initiative of putting forward a motion to hold a legislative referendum regulated by the Act dated 14 March 2003 on holding a national referendum. The legislature did not provide for, however, a people’s initiative for the purpose of amending the constitution or its abrogation. The subject of this paper is the institution of a people’s initiative of putting a bill before the parliament.
- Author:
Hanna Bednarz
- E-mail:
hannabednarz@yahoo.com
- Institution:
Uniwersytet Jagielloński w Krakowie
- Year of publication:
2015
- Source:
Show
- Pages:
77-102
- DOI Address:
https://doi.org/10.15804/ppk.2015.04.04
- PDF:
ppk/26/ppk2604.pdf
Assessment of the effectiveness of the Swiss constitutional popular initiative – a few remarks regarding the legal framework based on the analysis of the practical application
The Swiss constitutional popular initiative is often perceived as a prime example of such institution. It is characterized by its direct type (it is directly submitted to the vote of the people), it can be presented in a form of either a draft proposal or an idea for a future amendment, it is not thematically limited and finally, the conditions for its approval are not too rigorous. For its assessment to be complete, its practical application also needs to be analyzed. Since it is only the Federal Constitution that can be amended in a way of the popular initiative, usually the amended provisions need to be subsequently concretized by lower-rang legal acts which can allow the Federal Assembly to neutralize the goals of the initiative committee. In order to assess the effectiveness of this institution, the initiatives submitted to the vote of the people and the cantons between 2001 and 2014 were analyzed, with a particular attention being paid to the accepted initiatives and the subsequent legislative process commenced to enact legal acts aiming at concretizing the constitutional provisions.
- Author:
Hanna Bednarz
- Institution:
Uniwersytet Jagielloński
- Year of publication:
2013
- Source:
Show
- Pages:
143-171
- DOI Address:
https://doi.org/10.15804/ppk.2013.01.07
- PDF:
ppk/13/ppk1307.pdf
The Application of Popular Initiative in the Swiss Confederation
The institutions of direct democracy are being applied in the Swiss Confederation on a scale that is incomparable with any other country. The popular initiative itself is being used by various interest groups, as well as by political parties, at least a few times each year. This article aims at presenting in a complex manner both legal and practical aspects of the popular initiative’s application in the Swiss Confederation. The first part of the article deals with the origin and the development of the direct democracy institutions throughout the years. In the next part the legal regulations concerning the popular initiative and the proceedings relating to it (from its submission to results’ publication and possibilities of their verification) are being presented. The following fragment of the article describes the interest groups and political parties submitting the initiatives and also initiatives’ objects. The article is concluded by the presentation of the various purposes, which popular initiative can serve, apart from its aim to amend the Federal Constitution.