Suchergebnisse

In general, mechanisms of direct democracy in Japan are not well established. At the national level, the National Referendum Law for the Change of the Constitution only recently came into effect on 18 May 2010, three years after its enactment. Before then there were no procedures laid out for a referendum on a constitutional amendment. At the local level, there are more options for direct citizen participation, however the result of a vote is not legally binding. This working paper aims to describe the different mechanisms of direct democracy in Japan, at the national as well as local level, to present their legal basis and frequency of use and to discuss developments since the late 1990s primarily at the local level.

When during the debate on a motion of censure in October 1962 Paul Reynaud challenged the government from the rostrum of the National Assembly with a scornful: "Here and nowhere else is France!", the issue was well joined. To Reynaud, perennial deputy during three republican regimes, General de Gaulle's projected referendum appeared as a two-fold attack upon French republican traditions. If adopted, the proposal to elect the President of the Republic by popular suffrage would divest the Assembly of its role as the sole bearer of national sovereignty. Moreover, to seek approval for such a change of the constitution of 1958 without a prior vote of parliament deprived both houses of any participation in the amending process.In 1958, as President of the Consultative Constitutional Committee, Reynaud had insisted that the possibilities of any direct appeal to the electorate be carefully circumscribed and hedged by parliamentary controls. He had obtained official assurances that the referendum would never be used by the executive as a means of arousing popular opinion against the elected assemblies. The final text of the constitution had incorporated proposals by the Consultative Committee which strengthened the position of parliament whenever either a referendum or presidential emergency powers might create a plebiscitarian situation.