Single subject rule
Encyclopedia
The single-subject rule is a rule in the constitutional law
of some jurisdictions that stipulates that ballot initiatives and legislation
may deal with only one main issue.
For example, the constitution of Minnesota, Article IV, Section 17, requires that "No law shall embrace more than one subject, which shall be expressed in its title.". Conversely, neither the U.S. Congress nor the U.S. Constitution has such a rule so riders which are completely unrelated to the main bill are commonplace. These amendments
are often put into bills at the last minute, so that any representative
who may read the legislation before actually voting on it will not have a chance to catch it.
It has been charged that single-subject rules have been misused as a political or judicial measure to slow or nullify ballots or laws. An example of accusation of misuse of this law occurred in Colorado
when a former governor made statement against a single-subject ruling. The rule can also result in overly narrow questions, that result in no substantial effects.
, the "principle of the unity of the subject matter" applies to ballot initiatives and to parliamentary legislation that is subject to a referendum
. It has been derived by the Swiss Federal Supreme Court from the provision in article 34, section 2 of the Swiss Federal Constitution
which guarantees "the freedom of the citizen to form an opinion and to give genuine expression to his or her will" in the exercise of political rights. The Court has outlined the principle as follows:
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
of some jurisdictions that stipulates that ballot initiatives and legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
may deal with only one main issue.
United States
The single subject rule is provided for by many state constitutions in the United States of America. Its purpose is to avoid complexity in laws, to avoid any hidden consequences that legislators or voters may miss when reading the proposed law. This in turn prevents politicians from sneaking unpopular legislation through, piggybacked on legislation which is more likely to pass.For example, the constitution of Minnesota, Article IV, Section 17, requires that "No law shall embrace more than one subject, which shall be expressed in its title.". Conversely, neither the U.S. Congress nor the U.S. Constitution has such a rule so riders which are completely unrelated to the main bill are commonplace. These amendments
Amend (motion)
-Explanation and Use:-Main Motions:Any main motion and any motion to amend may be amended. However, a motion to amend a motion to amend may not be amended, due to the overly complex parliamentary situation that would frequently result.-Secondary Motions:...
are often put into bills at the last minute, so that any representative
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
who may read the legislation before actually voting on it will not have a chance to catch it.
It has been charged that single-subject rules have been misused as a political or judicial measure to slow or nullify ballots or laws. An example of accusation of misuse of this law occurred in Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
when a former governor made statement against a single-subject ruling. The rule can also result in overly narrow questions, that result in no substantial effects.
Case law
- In July 2006, the Georgia Supreme Court ruled that a November 2004 amendmentConstitutional amendmentA constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
to the constitution of Georgia against same-sex marriageSame-sex marriageSame-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
would be allowed to stand, despite also banning recognition of same-sex marriages done in other states, and banning civil unionCivil unionA civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s. Additionally, voters in the referendumReferendumA referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
were told of only the same-sex marriage question, while the ballotBallotA ballot is a device used to record choices made by voters. Each voter uses one ballot, and ballots are not shared. In the simplest elections, a ballot may be a simple scrap of paper on which each voter writes in the name of a candidate, but governmental elections use pre-printed to protect the...
failed to mention the other two issues, preventing voters from giving fully informed consentInformed consentInformed consent is a phrase often used in law to indicate that the consent a person gives meets certain minimum standards. As a literal matter, in the absence of fraud, it is redundant. An informed consent can be said to have been given based upon a clear appreciation and understanding of the...
. A judge had previously ruled that voters had the right to decide the issue of civil unions separately, thus putting the two issues as one violated Georgia's single-subject rule.
Switzerland
In Swiss lawSwiss law
Swiss law is a set of rules which constitutes the law in Switzerland.Swiss laws are identified by their number in the federal Systematische Rechtssammlung . The SR numbers are arranged topically and hierarchically.E.g...
, the "principle of the unity of the subject matter" applies to ballot initiatives and to parliamentary legislation that is subject to a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
. It has been derived by the Swiss Federal Supreme Court from the provision in article 34, section 2 of the Swiss Federal Constitution
Swiss Federal Constitution
The Federal Constitution of 18 April 1999 is the third and current federal constitution of Switzerland. It establishes the Swiss Confederation as a federal republic of 26 cantons , contains a catalogue of individual and popular rights , delineates the responsibilities of the...
which guarantees "the freedom of the citizen to form an opinion and to give genuine expression to his or her will" in the exercise of political rights. The Court has outlined the principle as follows:
- "The principle of the unity of the subject matter requires that the subject of a referendum may, in principle, have only one topic area as its subject, that is, that two or several substantive questions or subject matters may not be joined into one referendum proposition in such a way that the voters face a dilemma and do not have a free choice between the several parts. If an item of legislation addresses several substantive questions or subject matters, the unity of the subject matter is only preserved if the several parts have a material intrinsic connection with each other, are materially related to each other and are aimed at the same goal; this material connection may not be merely artificial, subjective or political in nature. (...) Because the concept of the unity of the subject matter is a relative one, and because the weight given to the several parts of a legislative proposition and their relationship to each other is principally a political question, the authorities enjoy wide discretion in the shaping of referendum propositions."