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Direct Democracy

Palau Palau

DD002

Direct Democracy Provisions (National Level)
Question:Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer: a. Yes
Comments: "Major governmental powers including but not limited to defense, security, or foreign affairs may be delegated by treaty, compact, or other agreement between the sovereign Republic of Palau and another sovereign nation or international organization, provided such treaty, compact or agreement shall be approved by not less than two-thirds (2/3) of the members of each house of the Olbiil Era Kelulau and by a majority of the votes cast in a nationwide referendum conducted for such purpose, provided, that any such agreement which authorizes use, testing, storage or disposal of nuclear, toxic chemical, gas or biological weapons intended for use in warfare shall require approval of not less than three-fourths (3/4) of the votes cast in such referendum." "The President or Vice President may be removed from office by a recall. A recall is initiated by a resolution adopted by not less than two-thirds (2/3) of the members of the state legislatures in not less than three-fourths (3/4) of the states. Upon receipt by the presiding officers of the Olbiil Era Kelulau of the required number of certified resolutions, the Olbiil Era Kelulau shall establish a special election board to supervise a nationwide recall referendum to be held not less than thirty (30) days nor more than sixty (60) days, after receipt of the required number of certified resolutions." "The people may recall a member of the Olbiil Era Kelulau from office. A recall is initiated by a petition which shall name the member sought to be recalled, state the grounds for recall, and be signed by not less than twenty-five percent (25%) of the number of persons who voted in the most recent election for that member of the Olbiil Era Kelulau. A special recall election shall be held not later than sixty (60) calendar days after the filing of the recall petition. A member of the Olbiil Era Kelulau shall be removed from office only with the approval of a majority of the persons voting in the election, and such vacancy shall be filled by a special election to be held in accordance with law. A recall may be sought against an individual member of the Olbiil Era Kelulau no more than once per term. No recall shall be permitted against a member who is serving the first year of his first term in the Olbiil Era Kelulau." "Citizens may enact or repeal national laws, except appropriations, by initiative. An initiative petition shall contain the text of the proposed law or of the law sought to be repealed and be signed by not less than ten percent (10%) of the registered voters. An initiative petition shall take effect if approved at the next general election by a majority of the persons voting on the initiative. A law enacted by initiative or a repeal of a law by initiative may not be vetoed by the President. A law enacted or repealed by initiative may be subsequently amended, repealed or reenacted only by another initiative pursuant to the provisions of this section." "Harmful substances such as nuclear, chemical, gas or biological weapons intended for use in warfare, nuclear power plants, and waste materials therefrom, shall not be used, tested, stored, or disposed of within the territorial jurisdiction of Palau without the express approval of not less than three-fourths (3/4) of the votes cast in a referendum submitted on this specific question." "The national government shall have exclusive power to regulate importation of firearms and ammunition. No persons except armed forces personnel lawfully in Palau and law enforcement officers acting in an official capacity shall have the right to possess firearms or ammunition unless authorized by legislation which is approved in a nationwide referendum by a majority of the votes cast on the issue." "An amendment to this Constitution may be proposed by a Constitutional Convention, popular initiative, or by the Olbiil Era Kelulau, as provided herein: at least once every fifteen (15) years, the Olbiil Era Kelulau may submit to the voters the question: “Shall there be a Convention to revise or amend the Constitution?”. If a majority of the votes cast upon the question is in the affirmative, a Constitution Convention shall be convened within six (6) months thereafter, in a manner prescribed by law..." "A proposed amendment to this Constitution shall become effective when approved in the next regular general election by a majority of the votes cast on that amendment and in not less than three-fourths (3/4) of the states." "Any amendment to this Constitution proposed for the purpose of avoiding inconsistency with the Compact of Free Association shall require approval by a majority of the votes cast on that amendment and in not less than three-fourths (3/4) of the states. Such amendment shall remain in effect only as long as the inconsistency continues." ") To avoid inconsistencies found prior to this amendment by the Supreme Court of Palau to exist between section 324 of the Compact of Free Association and its subsidiary agreements with the United States of America and other sections of the Constitution of the Republic of Palau, Article XIII, section 6 of the Constitution and the final phrase of Article II, section 3, reading “provided, that any such agreement which authorizes use, testing, storage or disposal of nuclear, toxic chemical, gas or biological weapons intended for use in warfare shall require approval of not less than three fourth (3/4) of the votes cast in such referendum,” shall not apply to votes to approve the Compact of Free Association and its subsidiary agreements (as previously agreed to and signed by the parties or as they may hereafter be amended, so long as such amendments are not themselves inconsistent with the Constitution) or during the terms of such compact and agreements."
Source: Constitution, Art. II (3), VIII (10), IX (17), XIII (3, 6 & 12), XIV (1 & 2), XV (11), First Amendment (14).
Verified: 2016/11/04
(Found a mistake? Please let us know.)
DD003

Mandatory referendums (national level)
Question:Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer: a. Yes
Comments: "Major governmental powers including but not limited to defense, security, or foreign affairs may be delegated by treaty, compact, or other agreement between the sovereign Republic of Palau and another sovereign nation or international organization, provided such treaty, compact or agreement shall be approved by not less than two-thirds (2/3) of the members of each house of the Olbiil Era Kelulau and by a majority of the votes cast in a nationwide referendum conducted for such purpose, provided, that any such agreement which authorizes use, testing, storage or disposal of nuclear, toxic chemical, gas or biological weapons intended for use in warfare shall require approval of not less than three-fourths (3/4) of the votes cast in such referendum." "Harmful substances such as nuclear, chemical, gas or biological weapons intended for use in warfare, nuclear power plants, and waste materials therefrom, shall not be used, tested, stored, or disposed of within the territorial jurisdiction of Palau without the express approval of not less than three-fourths (3/4) of the votes cast in a referendum submitted on this specific question." "The national government shall have exclusive power to regulate importation of firearms and ammunition. No persons except armed forces personnel lawfully in Palau and law enforcement officers acting in an official capacity shall have the right to possess firearms or ammunition unless authorized by legislation which is approved in a nationwide referendum by a majority of the votes cast on the issue." "An amendment to this Constitution may be proposed by a Constitutional Convention, popular initiative, or by the Olbiil Era Kelulau, as provided herein: at least once every fifteen (15) years, the Olbiil Era Kelulau may submit to the voters the question: “Shall there be a Convention to revise or amend the Constitution?”. If a majority of the votes cast upon the question is in the affirmative, a Constitution Convention shall be convened within six (6) months thereafter, in a manner prescribed by law..." "A proposed amendment to this Constitution shall become effective when approved in the next regular general election by a majority of the votes cast on that amendment and in not less than three-fourths (3/4) of the states." "Any amendment to this Constitution proposed for the purpose of avoiding inconsistency with the Compact of Free Association shall require approval by a majority of the votes cast on that amendment and in not less than three-fourths (3/4) of the states. Such amendment shall remain in effect only as long as the inconsistency continues." ") To avoid inconsistencies found prior to this amendment by the Supreme Court of Palau to exist between section 324 of the Compact of Free Association and its subsidiary agreements with the United States of America and other sections of the Constitution of the Republic of Palau, Article XIII, section 6 of the Constitution and the final phrase of Article II, section 3, reading “provided, that any such agreement which authorizes use, testing, storage or disposal of nuclear, toxic chemical, gas or biological weapons intended for use in warfare shall require approval of not less than three fourth (3/4) of the votes cast in such referendum,” shall not apply to votes to approve the Compact of Free Association and its subsidiary agreements (as previously agreed to and signed by the parties or as they may hereafter be amended, so long as such amendments are not themselves inconsistent with the Constitution) or during the terms of such compact and agreements."
Source: Constitution, Art. II (3), XIII (6 & 12), XIV (1 & 2), XV (11).
Verified: 2016/11/04
(Found a mistake? Please let us know.)
DD004

Optional referendums (national level)
Question:Are there any Legal Provisions for Optional Referendums at the national level?
Answer: a. Yes
Comments: An amendment to this Constitution may be proposed by a Constitutional Convention, popular initiative, or by the Olbiil Era Kelulau, as provided herein: at least once every fifteen (15) years, the Olbiil Era Kelulau may submit to the voters the question: “Shall there be a Convention to revise or amend the Constitution?”. If a majority of the votes cast upon the question is in the affirmative, a Constitution Convention shall be convened within six (6) months thereafter, in a manner prescribed by law...
Source: Constitution, Art. IX.
Verified: 2016/11/04
(Found a mistake? Please let us know.)
DD005

Citizens' Initiatives (national level)
Question:Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer: a. Yes
Comments: Citizens may enact or repeal national laws, except appropriations, by initiative. An initiative petition shall contain the text of the proposed law or of the law sought to be repealed and be signed by not less than ten percent (10%) of the registered voters. An initiative petition shall take effect if approved at the next general election by a majority of the persons voting on the initiative. A law enacted by initiative or a repeal of a law by initiative may not be vetoed by the President. A law enacted or repealed by initiative may be subsequently amended, repealed or reenacted only by another initiative pursuant to the provisions of this section.
Source: Constitution, Art. XIII (3).
Verified: 2016/11/09
(Found a mistake? Please let us know.)
DD006

Agenda Initiatives (national level)
Question:Are there any Legal Provisions for Agenda Initiatives at national level?
Answer: b. No
Comments: No provisions for Agenda Initiatives.
Source: Constitution.
Verified: 2016/11/09
(Found a mistake? Please let us know.)
DD007


Question:Are there any Legal Provisions for Recalls at national level?
Answer: a. Yes
Comments: "The President or Vice President may be removed from office by a recall. A recall is initiated by a resolution adopted by not less than two-thirds (2/3) of the members of the state legislatures in not less than three-fourths (3/4) of the states. Upon receipt by the presiding officers of the Olbiil Era Kelulau of the required number of certified resolutions, the Olbiil Era Kelulau shall establish a special election board to supervise a nationwide recall referendum to be held not less than thirty (30) days nor more than sixty (60) days, after receipt of the required number of certified resolutions." "The people may recall a member of the Olbiil Era Kelulau from office. A recall is initiated by a petition which shall name the member sought to be recalled, state the grounds for recall, and be signed by not less than twenty-five percent (25%) of the number of persons who voted in the most recent election for that member of the Olbiil Era Kelulau. A special recall election shall be held not later than sixty (60) calendar days after the filing of the recall petition. A member of the Olbiil Era Kelulau shall be removed from office only with the approval of a majority of the persons voting in the election, and such vacancy shall be filled by a special election to be held in accordance with law. A recall may be sought against an individual member of the Olbiil Era Kelulau no more than once per term. No recall shall be permitted against a member who is serving the first year of his first term in the Olbiil Era Kelulau."
Source: Constitution, Art. VIII (10) & IX (17).
Verified: 2016/11/09
(Found a mistake? Please let us know.)
DD129


Question:Are the results of referenda always binding, never binding or sometimes binding?
Answer: a. Always binding
Comments: All referenda as provided in the Constitution lead to binding results.
Source: Constitution, Art. II, VIII, XIII
Verified: 2016/11/09
(Found a mistake? Please let us know.)
DD130


Question:Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer: c. Both constitutional and other issues
Comments: "Major governmental powers including but not limited to defense, security, or foreign affairs may be delegated by treaty, compact, or other agreement between the sovereign Republic of Palau and another sovereign nation or international organization, provided such treaty, compact or agreement shall be approved by not less than two-thirds (2/3) of the members of each house of the Olbiil Era Kelulau and by a majority of the votes cast in a nationwide referendum conducted for such purpose, provided, that any such agreement which authorizes use, testing, storage or disposal of nuclear, toxic chemical, gas or biological weapons intended for use in warfare shall require approval of not less than three-fourths (3/4) of the votes cast in such referendum." "The President or Vice President may be removed from office by a recall. A recall is initiated by a resolution adopted by not less than two-thirds (2/3) of the members of the state legislatures in not less than three-fourths (3/4) of the states. Upon receipt by the presiding officers of the Olbiil Era Kelulau of the required number of certified resolutions, the Olbiil Era Kelulau shall establish a special election board to supervise a nationwide recall referendum to be held not less than thirty (30) days nor more than sixty (60) days, after receipt of the required number of certified resolutions." "The people may recall a member of the Olbiil Era Kelulau from office. A recall is initiated by a petition which shall name the member sought to be recalled, state the grounds for recall, and be signed by not less than twenty-five percent (25%) of the number of persons who voted in the most recent election for that member of the Olbiil Era Kelulau. A special recall election shall be held not later than sixty (60) calendar days after the filing of the recall petition. A member of the Olbiil Era Kelulau shall be removed from office only with the approval of a majority of the persons voting in the election, and such vacancy shall be filled by a special election to be held in accordance with law. A recall may be sought against an individual member of the Olbiil Era Kelulau no more than once per term. No recall shall be permitted against a member who is serving the first year of his first term in the Olbiil Era Kelulau." "Citizens may enact or repeal national laws, except appropriations, by initiative. An initiative petition shall contain the text of the proposed law or of the law sought to be repealed and be signed by not less than ten percent (10%) of the registered voters. An initiative petition shall take effect if approved at the next general election by a majority of the persons voting on the initiative. A law enacted by initiative or a repeal of a law by initiative may not be vetoed by the President. A law enacted or repealed by initiative may be subsequently amended, repealed or reenacted only by another initiative pursuant to the provisions of this section." "Harmful substances such as nuclear, chemical, gas or biological weapons intended for use in warfare, nuclear power plants, and waste materials therefrom, shall not be used, tested, stored, or disposed of within the territorial jurisdiction of Palau without the express approval of not less than three-fourths (3/4) of the votes cast in a referendum submitted on this specific question." "The national government shall have exclusive power to regulate importation of firearms and ammunition. No persons except armed forces personnel lawfully in Palau and law enforcement officers acting in an official capacity shall have the right to possess firearms or ammunition unless authorized by legislation which is approved in a nationwide referendum by a majority of the votes cast on the issue." "An amendment to this Constitution may be proposed by a Constitutional Convention, popular initiative, or by the Olbiil Era Kelulau, as provided herein: at least once every fifteen (15) years, the Olbiil Era Kelulau may submit to the voters the question: “Shall there be a Convention to revise or amend the Constitution?”. If a majority of the votes cast upon the question is in the affirmative, a Constitution Convention shall be convened within six (6) months thereafter, in a manner prescribed by law..." "A proposed amendment to this Constitution shall become effective when approved in the next regular general election by a majority of the votes cast on that amendment and in not less than three-fourths (3/4) of the states." "Any amendment to this Constitution proposed for the purpose of avoiding inconsistency with the Compact of Free Association shall require approval by a majority of the votes cast on that amendment and in not less than three-fourths (3/4) of the states. Such amendment shall remain in effect only as long as the inconsistency continues." ") To avoid inconsistencies found prior to this amendment by the Supreme Court of Palau to exist between section 324 of the Compact of Free Association and its subsidiary agreements with the United States of America and other sections of the Constitution of the Republic of Palau, Article XIII, section 6 of the Constitution and the final phrase of Article II, section 3, reading “provided, that any such agreement which authorizes use, testing, storage or disposal of nuclear, toxic chemical, gas or biological weapons intended for use in warfare shall require approval of not less than three fourth (3/4) of the votes cast in such referendum,” shall not apply to votes to approve the Compact of Free Association and its subsidiary agreements (as previously agreed to and signed by the parties or as they may hereafter be amended, so long as such amendments are not themselves inconsistent with the Constitution) or during the terms of such compact and agreements."
Source: Constitution, Art. II (3), VIII (10), IX (17), XIII (3, 6 & 12), XIV (1 & 2), XV (11), First Amendment (14).
Verified: 2016/11/09
(Found a mistake? Please let us know.)
DD131


Question:Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer: c. No information available
Comments:
Source:
Verified: 2016/11/09
(Found a mistake? Please let us know.)
The data on this page is continuously updated. Additional, but potentially outdated material is available here.