1993 Fiscal Year Final Research Report Summary
Legislation by local referendum in the Lander of the Federal Republic of Germany
| Project/Area Number |
04620012
|
|---|
| Research Category |
Grant-in-Aid for General Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Research Field |
Public law
|
|---|
| Research Institution | Saga University |
|---|
Principal Investigator |
MURAKAMI Hideaki Saga University, Faculty of Economics, Associate Professor, 経済学部, 助教授 (50145182)
|
|---|
| Project Period (FY) |
1992 – 1993
|
| Keywords | Initiative / Referendum / Legislation |
|---|
| Research Abstract |
In the Federal Republik of Germany, referendum is restricted to two cases for the reorganization of the territory (Art. 29 and 118 of the Basic Law) on the federal level, but most constitutions of the states (Lander), except Berlin, Lower Saxony and Hamburg, provide the system that inhabitants can directly participate in the enactment of law by initiative (Volksbegehren) and referendum (Volksabstimmung). Compared with the system in America and Switzerland, the main features of this legislative system are in the first place that a bill by initiative is not directly put to the referendum, but should be submitted first to the parliament ("indirect initiative"), and secondly that referendum should be held unless parliament passes the bill without an amendment ("conditional compulsory referendum"). For the enforcement of the initiative, the bill should be examined by the state government formally and substantially. This substantial examination is interpreted in theories and judicial precedents to be allowed by the constitution. In the Land Baden-Wurttemberg, the main object-state of this research, this legislative system was denide at the Parliamentary Council in 1954 in consideration of the experiences in the Weimar Era, but with the good experiences in the Land Bavaria and North-Rhine/Westphalia it was introduced in 1974 by the amendment of the constitution. The initiative here is decided by the approval of one sixth of the electorate and the referendum by the majority of votes and one third of electorate. Because of the strict requirements perhaps, this legistative procedure was started only once in 1985. This research is continued concerning the referendum in the communes (Gemeinde) after this report.
|
