Direct democracy in Hamburg

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The direct democracy in Hamburg comprises a number of political instruments with the help of which the electorate can directly participate in the legislation of the state as well as in the administration of the districts . They complement the existing instruments of representative democracy ( indirect democracy ), i.e. the election of people's representatives to the Hamburg citizenship or to the district assemblies .

Legal conditions

The legal foundations of direct democracy at the state level can be found in Articles 48 and 50 of the constitution as well as in the law on popular initiatives, referendums and referendums. Direct democracy in the Hamburg districts is regulated in Section 32 of the District Administration Act.

The constitutional articles in their current version were adopted in 1996 as a result of several years of work by a study commission for constitutional reform. The possibility of influencing the legislation and the administration of the districts in a direct democratic way was thus included in the state constitution for the first time after the establishment of the Federal Republic of Germany. Between 2004 and 2007 there were violent political disputes in Hamburg about the design of direct democracy at the state level, which resulted in two constitutional changes. While the CDU, with an absolute majority at the time, restricted direct democratic instruments with a series of changes in 2005, another constitutional amendment was made in 2007, in which the status quo ante was restored with the exception of minor editorial changes .

Instruments of direct democracy at the state level

At the state level, Hamburg has five instruments with which the electorate can directly influence the legislative process:

While the popular petition stands on its own as an instrument, popular initiatives, referendums and referendums build on each other in a three-stage process. The optional referendum enables the population to bring about a referendum on a law if this had already been decided in a referendum and was subsequently changed by the Hamburg citizenship. Hamburg is the only federal state in Germany that has an optional referendum.

Instruments of direct democracy at district level

At the district level, Hamburg knows two instruments that build on one another with which the electorate can directly influence the district's politics:

See also

Individual evidence

Laws and Regulations

  • Articles 48 and 50 of the Constitution of the Free and Hanseatic City of Hamburg
  • Law on popular initiative, referendum and referendum (Voting Act)
  • Section 32 of the District Administration Act

Further evidence

  1. ↑ Law on popular initiatives, referendums and referendums

Web links