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Nick Cowen: Let's give real power to the people



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Published Date: 15 December 2008
THE ongoing farce at Westminster can only remind us that our national Government possesses too much power with a diminishing sense of responsibility.
No-one today argues that what this country really needs is more power in the hands of the few at the centre, even if that's how actual policy often plays out. The question is how to bring power closer to the public.

John Prescott gave devolution in Northern England a shot in 2003, pushing for regional assemblies. But in a referendum the North-East utterly rejected his plan. People there were perhaps thinking along the lines of John Major's dictum that, "If the answer is more politicians, you are asking the wrong question".

It doesn't help that the public's experience of local politics can be even worse than the national soap opera. Some councillors treat their position as an audition for a Westminster job, and are generally much more likely to vote with party loyalties in mind than MPs, who at least sum up the courage for rebellion now and then. This means the media and the public treat local elections as little more than a nationwide opinion poll on the parties in Westminster. This top-heavy structure is bad at producing policy adapted to local needs, but the answer is certainly not more layers of government. We need a more radical solution.

This is where direct democracy comes in. It has barely reached Britain yet, but we've seen it work in Switzerland and many US states. It means devolving power not to new governing bodies, but to the people themselves; the public get to vote on individual issues and laws.

Referendums up until now in Britain have had to be triggered by Parliament, so the Government can pick and choose when to hold one. But a popular referendum mechanism would allow a petition of citizens to demand a ballot on any law passed by Parliament, giving the people the final say on it. I suggest we borrow the mechanism used in California, since it's the most populous American state but still manages to get several measures on referendum ballots. A petition of five per cent of votes cast at the last General Election would be necessary to challenge parliamentary legislation, a large but hardly insurmountable number judging by the popularity of petitions on the 10 Downing Street website.

Take ID card legislation. Consistently touted by the Civil Service and whoever happens to be Home Secretary as the answer to everything from benefit fraud to international terrorism, ID cards and their associated national database are increasingly understood by the public to be another case of the bureaucracy expanding to meet the needs of an expanding bureaucracy. This makes them a potential candidate for the people's veto.

Similarly, there is no reason new legislation has to be drawn up behind closed doors in Whitehall. An initiative process allows individual citizens or groups to draw up new laws and, with a large enough petition, put them to the people on a referendum ballot, whether Parliament likes the idea or not.

Politicians are welcome to debate the merits of citizen-led legislation and offer their own expertise in drawing it up but
the final decision would lie with the people rather than the ruling party whip. And while elected MPs can do a U-turn
on a sixpence, initiatives always do what they say on the ballot paper.

When introduced last century in the US, initiatives were instrumental in introducing the women's vote and the directly elected US Senate. Compare that with our still unelected House of Lords. Some US states also introduced the recall, a petition mechanism for removing politicians and forcing a by-election when they have lost the support of the people. That could help keep constituency MPs on their toes.

These procedures could be particularly usefully combined with a fresh commitment to local government. It is an unfortunate irony that Government strategies for introducing localism have so far involved drawing up plans centrally, before wrapping them up in one package which local people can only take or leave.

Essentially, the Government is saying that people can have reform but only the reform the Government likes, or they get nothing. Occasionally this has produced some reasonable results. Several non-party candidates have become directly elected mayors, for example, which would be impossible under more traditional systems. But more often, it's a recipe
for devolving discussion without power.

US-style home-rule shows us the alternative. Local citizens suggest preferred local government structures, including what executive and representative offices there are, how they are selected or elected, then vote on their introduction.

The winning structure is enshrined in a charter, a local constitution. It can be amended or reformed, but only with the people's permission or initiative. This would represent a citizen trump card to play when party hierarchies get entrenched.

Nick Cowen is the author of In Total Recall: how direct democracy can improve Britain, a report by think tank Civitas

The full article contains 862 words and appears in n/a newspaper.
Page 1 of 1

  • Last Updated: 15 December 2008 10:34 AM
  • Source: n/a
  • Location: Yorkshire
 
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Ian Parker-Joseph,

London 15/12/2008 14:07:19
Nick,

It is worth adding to this article that the Libertarian Party UK (LPUK) have already committed to undertake such people driven referendums, although based upon the Swiss model rather than the US one.

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I&Rgb,

Guildford, ex-Perthshire 16/12/2008 10:07:46
Nick Cowen's timely proposals are welcome. Favourable, informed public opinion and effective campaigning will be needed to achieve the introduction of this sort of "democracy by the people". Enabling electorates to introduce law proposals and veto politicians will cause some ruckus and evoke resistance of established rulers. The active reformers need helpers and supporters. Please consider contributing via the web link below.
Michael Macpherson (Dr.)
I&R ~ GB Citizens' Initiative and Referendum
Campaign for direct democracy in Britain
http://www.iniref.org/
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John Francis Lee,

USA 18/12/2008 12:43:05
As an American witnessing our government ignoring us the people at every turn I am convinced that our statewise implementations of direct democracy must be extended to the national level. Visit The Peoples Virtual Party (http://www.uspvp.org) for a fuller explanation of what we're thinking of.

I have here just two observations :
1) It is a mistake to allow law to be made by "the people" if in fact what is actually allowed is legislation by minority. That is what our state initiatives amount to. A recent proposition put before Californians was passed by 52% of those voting in the record-turnout election of Barak Obama. But only 60% of the registered voters in California turned out to vote in that "record-turnout" election, so the proposition, Proposition 8 as it was numbered, was actually passed by 31% of the registered voters in California. Yet it binds all Californians, many of whom are not even numbered among those registered to vote. What are needed are fail-safe initiative, referendum, and recall: all requiring a majority of eligible voters. Those sweeping powers will then be available when they are most needed, to reform the republican mechanism - to take the money out of politics for instance - to return the day-to-day administration of government to those the people designate, to pass legislation that it is not in the interests of the "representative" government to pass.

2) It is irrational to continue to relegate voting to a single day a year. The voting should take place all the time with just the tallying of votes taken at designated intervals. A mechanism for any eligible citizen to put forth legislation on his/her own initiative at anytime, or to begin a referendum on legislation passed by the representative government, or to begin a recall vote at anytime must be created so that direct democracy is truly direct, and not subject in any way to the control of "representative" bodies. This is eminently do-able from a technical standpoint at this po
4

I&Rgb,

Guildford 21/12/2008 19:20:47
John Francis Lee, USA 18/12/2008 wrote: "It is a mistake to allow law to be made by "the people" if in fact what is actually allowed is legislation by minority. That is what our state initiatives amount to. A recent proposition put before Californians was passed by 52% of those voting in the record-turnout election of Barak Obama. But only 60% of the registered voters in California turned out to vote ..."

I&R ~ GB comments:
Experience of citizens' direct democracy in Europe suggests that it is wiser to reject high turnout requirements. Of course, high turnout for democratic acts is desirable. A major problem is that having a high quorum, as in Italy where it is 50 percent of eligible voters, has allowed opponents of citizens' initiative proposals to defeat a very popular reform by calling for boycott of the ballot.

Regards,
Michael Macpherson (Dr.)
I&R ~ GB Citizens' Initiative and Referendum
Campaign for direct democracy in Britain
http://www.iniref.org/

5

Claudius,

Hedon 22/12/2008 12:12:49
If the legislation passed is devised and approved by representatives elected by the majority, I see no reasonable objection.

Unfortunately, what we have in the UK today is a huge number of unelected government ministers, appointed by the Prime Minister; Lords Falconer, Adonis and Mandelson, to name but three.
6

John Francis Lee,

You're the only one suggesting a "turnout" require 22/12/2008 12:35:46
You're the only one suggesting a "turnout" requirement.

I'm suggesting that the requirement be that a majority of eligible voters be required to pass legislation affecting all of the constituents of a jurisdiction.

Apparently you envision legislation by minorities and are happy with that. I am not.

I don't want to keep track of every special interest initiative put on the ballot by the interested parties. I want to vote for initiatives that are clearly stated, of limited effect, and clearly needed as well.

Most importantly I want to be assured that my not voting for an initiative (or referendum or recall) can not be construed as "not opting-out" and then equated to "opting-in" to its passage.

But the above sorry state is exactly the present state of affairs in most American states and, coupled with no limits on the funding of disinformation campaigns in favor/against initiatives makes them anything but democratic. They are just another tool of the pay-to-play grifters and grafters in control of our republic.

I believe more democracy, not less, is the requirement.
7

I&Rgb,

Guildford 23/12/2008 12:13:01
John Francis Lee 18/12/2008 wrote
"What are needed are fail-safe initiative, referendum, and recall: all requiring a majority of eligible voters."

That is more than usually needed and required to elect politicians, who are then able to decide on many issues "for us".

Regarding direct democracy. In other countries a citizens' proposal to change constitution may need a supermajority. In Switzerland a "doppelmehr" is required. This means more than half of the total vote, plus a majority of citizen-votes in most of the cantons (regions). This seems reasonable.

For ordinary national law and local government, a straight majority should suffice.

Demanding a "majority of eligible voters", for instance in contemporary Germany, has proved to be unworkable and is vulnerable to the boycott tactic which I mentioned above.

Regards,
Michael Macpherson (Dr.)
I&R ~ GB Citizens' Initiative and Referendum
Campaign for direct democracy in Britain
http://www.iniref.org/


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