A frequent criticism of citizens’ initiatives is that they are only really accessible to well-resourced organisations and interests, and that the process is therefore hijacked by special interest groups promoting their own interests. A related argument is that citizens cannot be expected to make decisions on complex issues that they, unlike elected representatives, do not have the time to learn about. It is argued that it is impossible for voters to make informed decisions when there are a substantial number of initiatives on the ballot. Additionally, in some cases, statute created by the initiative process is found to be unconstitutional.Ī further disadvantage is the sheer number and complexity of issues that voters are expected to vote on. It is argued that the failure to use the expertise provided by government lawyers and officials who are familiar with the drafting process leads to laws that can be meaningless or ineffective, or have to be re-drafted, because the individuals or lawyers who draft the measures are not experienced in legislative drafting. One often cited disadvantage of citizens’ initiatives is that they result in badly drafted law, since (except in the case of indirect initiatives) the wording of the measure as initially proposed ends up as statute if the measure is passed. It is therefore claimed that the initiative process makes legislatures more responsive. Another indication of this is the number of initiatives that are introduced but subsequently withdrawn in Switzerland, because the introduction of the initiative has in itself forced the legislature to address the issue. One example is that US researchers have shown that US states that use the initiative process are more likely than those that do not, to have introduced governance reform policies (e.g., term limits, campaign finance controls).
This is because legislators are more likely to introduce certain reforms and measures if the initiative mechanism exists, because it is likely that if they do not, an initiative on the issue will be launched.
It is argued that the simple existence of the initiative mechanism acts as a check on the activities of the legislature.
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