“Direct democracy – an introduction” Presentation by Arjen Nijeboer of the forthcoming book: “Direct democracy – Facts and arguments about the introduction of initiative and referendum” by Jos Verhulst w/ Arjen Nijeboer Conference “Euromediterrean experiences in direct democracy: deepening Europe’s democracy” – Barcelona, 23-24 February 2006 Subjects 1. 2. 3. 4. Democracy and the referendum The democratic person Direct democracy in Switzerland Social consequences of direct democracy 5. Arguments against direct democracy What is democracy? • Democracy means “government by the people”; the people are sovereign • J-J Rousseau: laws have authority because they are social contracts between free and equal citizens Other -cracies Timocracy: the rich govern Meritocracy: a moral elite governs Theocracy: God governs “Particracy”: the political parties govern Belgian prime minister Verhofstadt, advocate of initiative and referendum: “We live in a particracy, not a democracy” But how do people make social contracts? Get together > Popular assembly! • Ancient Greece (Pericles) • Up to Middle Ages: Belgium, Netherlands, Germany, Austria Iceland, Spain, …. • Still in Switzerland, Eastern US states, … Classical rights on the popular assembly • • • • Equality rule Right of initiative Majority Rule Mandate rule But as time progresses… Marketplace gets too small Too many decisions So the popular assembly decides: a small number of us should form a permanent forum, “a parliament” An enforced mandate is no mandate • Citizens give a mandate to the parliament on their own terms • If they want to, citzens should be able to take back their mandate on specific issues • If they have to give a mandate against their wishes, it is… theft Does the majority of citizens want possibility to decide themselves? Yes: Germany: 84% (Kaina) UK: 84% (Telegraph) France: 82% (SOFRES) Netherlands: 80% (SCP and NIPO) USA: 68%, majority in all US states (POA) Interesting: USA: the more referendums are held in a state, the higher the percentage of I&R advocates Modern democracy Two equal channels: Representative channel (parliament) Direct-democratic channel Relation between the two channels? The parliament has the mandate to decide as long as people do nothing If people collect xxx signatures, then the mandate for this specific issue goes back to the citizens, who decide directly Main thesis: The system of initiative and referendum is a modern form of popular assembly. It has all the features of the popular assembly. But it is suitable for large states, large number of decisions, and has a secret vote In Swiss cantons, the step from popular assembly to initiative and referendum was made consciously Equality between parliament and referendum: Referendum may be about any issue the parliament is competent on Binding vote Normal majority decides – no turnout quorums (mandate principle!) Citizens can launch own proposals (popular initiative) Not too high signature quorum, free signature gathering Direct democratic states? Switzerland 24 American states German states (o.a. Hamburg, Bayern) Italy: rejective referendum Ireland: obligatory referendum Denmark: obligatory referendum The democratic person - 1 Arguments against direct democracy not only rational: instincts rooted in fundamental distrust of other people Opponents to DD believe that people will use DD to crush minorities, to take unresponsible decisions which are very bad for the general interest, etc. So opponents have a very specific theory of motivation: individual is motivated primarily by self interest; society is jungle dominated by the strong (social darwinism) The democratic person - 2 The “jungle” view is not substantiated by the evidence! Blood doning in USA Tax evasion in Switzerland DD and minority rights in Switzerland DD and taxes in USA However, “jungle” view is very dominant because of materialism in science Even volunteers describe their commitment in terms of self-interest, while this is not rational if you look at actual behaviour The democratic person - 3 Abraham Maslow: democratic (DP) versus authoritarian personality (AP) AP tend to see people in a hierarchy; those that are higher and those that are lower; DP sees persons as equal AP expects bad behaviour from people, DP expects good or neutral behaviour AP generalizes superiority and inferiority in persons, while DP sees these qualities related to very specific talents and character traits AP craves for power because it is necessary to survive in the jungle; DP does not need (much) power AP sees other people as means to and end, objects to be manipulated; DP respects other people The democratic person - 4 Obvious relation between authoritarian persons and the representative system. Direct democracy is the natural enviroment for democratic, ‘selfrealizing’ persons. Switzerland Obligatory referendum (1848): constitutional changes, treaties Rejective referendum (1869): all laws, 50.000 signatures Popular initiative (1891): all topics except some fundamental human rights, 100.000 signatures No plebiscites Switzerland (2) 200 referendums/year (all levels) 531 federal referendums (1848-2004) 187 obligatory 152 rejective 192 popular initiative Average turnout > 50% (elections: 40%!) Citizens are cautious: Popular initiatives: 10% adopted Rejective referendums: 50% of laws adopted Obligatory referendums: 73% of constitutional change/treaty adopted Switzerland (3) 2-4 national voting days/year “Double yes” Referendum booklet Postal voting Political radio/tv advertising banned Vote on initiative may take several years Initiative may be withdrawn (33%) Proven effects of direct democracy • More debate, more knowlegdable citizens (Benz & Stutzer) • More social capital, less tax evastion (Frey) • Better policy, higher economic growth (Feld & Savioz) • More efficient government, lower budget deficits (several) • Happier citizens! (Frey) Arguments against direct democracy General: • Arguments against referendums are usually argumenst against democracy as such • Honest comparison between representative system and direct democracy Arguments against direct democracy (2) “Citizens aren’t capable” How can stupid citizens elect wise parliamentarians? Rising education; modern work life requires much skills Parliamentarians and citizens are both generalists – both use information shortcuts (NGO endorsements, scientists, media) People are sovereign – I have the right to waste my own money Arguments against direct democracy (2) “Citizens are selfish – abolish taxes but raise expenditures” DD lead to higher state expenditure before WW II, to lower state expenditure after WW II (Matsusaka) Tax raises are sometimes approved, sometimes blocked Arguments against direct democracy (3) “Special interests win because of money (California)” Gerber: influence of money is limited (absent with initiatives) Switzerland: ban on political TV/radio ads Matsusaka: comparison of polls to initiatives shows: DD always compatible with majority wish Arguments against direct democracy (4) “Minority rights will be threatened (death penalty)” Polls: every minority wants DD Almost same internal division on minority issues between members of ethnic minority and majority Frey: no evidence in CH for destruction minority rights through DD Death penalty both instituted (California) and abolished (Ireland) by referendum. USA versus Europe Book avaliability In the course of 2006 6 to 12 translations (spanish, english, german, french, italian, dutch, polish, …) Spanish version in cooperation with Mas Democracia (www.masdemocracia.org) Free online versions Check www.democracy-international.org