The initiative may take the form of either the direct or indirect initiative. Under the direct initiative, a measure is put directly to a vote after being submitted by a petition. Under the indirect initiative, a measure is first referred to the legislature, and then only put to a popular vote if not enacted by the legislature. In United States usage, a popular vote on a specific measure is referred to as a referendum only when originating with the legislature. Such a vote is known, when originating in the initiative process, as an "initiative," "ballot measure" or "proposition."
Provision for the initiative was included in the 1922 constitution of the Irish Free State, but was hastily abolished when republicans organised a drive to instigate a vote that would abolish the Oath of Allegiance. The initiative also formed part of the 1920 constitution of Estonia.
In the United States the initiative is in use, at the level of state government, in 24 states and the District of Columbia , and is also in common use at the local and city government level. The initiative has been recognized in the US since at least 1777 when provision was made for it by the first constitution of Georgia.
The modern U.S. system of initiative and referendum originated in the state of South Dakota. South Dakota adopted initiative and referendum in 1898 by a vote of 23,816 to 16,483. South Dakota is also the only state to have the idea develop on home soil without knowledge of the Swiss measure. Oregon was the second state to adopt, and did so in 1902, when the state's legislators adopted it by an overwhelming majority. The "Oregon System", as it was at first known, subsequently spread to many other states, and became one of the signature reforms of the Progressive Era (1890s-1920s). Well known U.S. initiatives include various measures adopted by voters in states such as Colorado, Washington, Oregon, California, Massachusetts and Alaska.
The first attempt to get National ballot initiatives occurred in 1907 when House Joint Resolution 44 was introduced by Rep. Elmer Fulton of Oklahoma. In 1977, both the Abourezk-Hatfield (National Voter Initiative) and Jagt Resolutions never got out of committee. Senator Mike Gravel (a Democratic Presidential candidate in the 2008 election) was part of that effort. Gravel since discovered a (controversial) method to get a new proposal, the National Initiative for Democracy, into the Constitution without asking Congress. Registered U.S. voters can now vote at http://Vote.org to ratify the National Initiative, much as citizens—not the existing 13 State Legislatures—ratified the Constitution at the Constitutional conclusion.
The rejected Treaty establishing a Constitution for Europe (TCE) included a limited indirect initiative right (Article I-46(4)). The proposal was that 1,000,000 citizens, from a minimal numbers of different member states, could invite the executive body of the European Union (EU), the European Commission, to consider any proposal "on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Constitution." The precise mechanism had not been agreed upon. Critics underlined the weakness of this right of initiative, which did not ultimately entail any vote or referendum.
In any case, one can make a petition to the European Parliament
A restricted, local, indirect initiative was introduced on 28 March 2003 in the French Constitution in the frame of the decentralization laws (article 72-1, référendum d'initiative locale.) However, it is only the initiative to propose to the local assembly (collectivité territoriale) the inscription of a subject to the order of the day. The local assembly then takes the decision to submit, or not, the question to popular referendum.]]