Petition
Encyclopedia
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity
are a form of prayer
.
In the colloquial sense, a petition is a document addressed to some official and signed by numerous individuals. A petition may be oral rather than written, and in this era may be transmitted via the Internet.
that initiates a legal case. The initial pleading in a civil lawsuit that seeks only money (damages) might be called (in most U.S. courts) a complaint. An initial pleading in a lawsuit that seeks non-monetary or "equitable" relief, such as a request for a writ
of mandamus
or habeas corpus
, custody of a child, or probate
of a will, is instead called a petition.
petitions were always sent to an Office of Transmission (Tongzheng si or 通政司) where court secretaries read petitions aloud to the emperor
. Petitions could be sent by anybody, from a scholar-official
to a common farmer, although the petitions were more likely read to the emperor if they were persuasive enough to impeach
questionable and corrupt local officials from office. When petitions arrived to the throne, multiple copies were made of the original and stored with the Office of Supervising Secretaries before the original written petition was sent to the emperor.
Petitions were a common form of protest and request to the British House of Commons
in the 18th and 19th centuries, the largest being the Great/People's Charter, or petition of the Chartists. They are still presented in small numbers.
The Petition Clause of the First Amendment
to the U.S. Constitution guarantees the right of the people "to petition the Government for a redress of grievances." The right to petition
has been held to include the right to file lawsuits against the government.
Petitions are commonly used in the U.S. to qualify candidates for public office to appear on a ballot; while anyone can be a write-in candidate
, a candidate desiring that his or her name appear on printed ballots and other official election materials must gather a certain number of valid signatures from registered voters. In jurisdictions whose laws allow for ballot initiative
s, the gathering of a sufficient number of voter signatures qualilfies a proposed initiative to be placed on the ballot. The 2003 California recall election, which culminated in the recall of Governor Gray Davis
and the election of Arnold Schwarzenegger
, began when U.S. Representative
Darrell Issa
employed paid signature gatherers who obtained millions of signatures at a cost to Issa of millions of dollars. Once the requisite number of signatures was obtained on the recall petition, other petitions were circulated by would-be candidates who wanted to appear on the ballot as possible replacements for Davis. After that step, a vote on the recall was scheduled.
Other types of petitions include those that sought to free Nelson Mandela
during his imprisonment by the former apartheid government of South Africa
. The petitions had no legal effect, but the signatures of millions of people on the petitions represented a moral force that may have helped free Mandela and end apartheid. Non-governmental organization
s such as Amnesty International
often use petitions in an attempt to exert moral authority in support of various causes. Internet petition
is a new form of a petition becoming commonplace in the 21st century.
Deity
A deity is a recognized preternatural or supernatural immortal being, who may be thought of as holy, divine, or sacred, held in high regard, and respected by believers....
are a form of prayer
Prayer
Prayer is a form of religious practice that seeks to activate a volitional rapport to a deity through deliberate practice. Prayer may be either individual or communal and take place in public or in private. It may involve the use of words or song. When language is used, prayer may take the form of...
.
In the colloquial sense, a petition is a document addressed to some official and signed by numerous individuals. A petition may be oral rather than written, and in this era may be transmitted via the Internet.
Legal
Petition can also be the title of a legal pleadingPleading
In law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion...
that initiates a legal case. The initial pleading in a civil lawsuit that seeks only money (damages) might be called (in most U.S. courts) a complaint. An initial pleading in a lawsuit that seeks non-monetary or "equitable" relief, such as a request for a writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
of mandamus
Mandamus
A writ of mandamus or mandamus , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".Mandamus is a judicial remedy which...
or habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
, custody of a child, or probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
of a will, is instead called a petition.
Early history
In pre-modern Imperial ChinaHistory of China
Chinese civilization originated in various regional centers along both the Yellow River and the Yangtze River valleys in the Neolithic era, but the Yellow River is said to be the Cradle of Chinese Civilization. With thousands of years of continuous history, China is one of the world's oldest...
petitions were always sent to an Office of Transmission (Tongzheng si or 通政司) where court secretaries read petitions aloud to the emperor
Emperor of China
The Emperor of China refers to any sovereign of Imperial China reigning between the founding of Qin Dynasty of China, united by the King of Qin in 221 BCE, and the fall of Yuan Shikai's Empire of China in 1916. When referred to as the Son of Heaven , a title that predates the Qin unification, the...
. Petitions could be sent by anybody, from a scholar-official
Scholar-bureaucrats
Scholar-officials or Scholar-bureaucrats were civil servants appointed by the emperor of China to perform day-to-day governance from the Sui Dynasty to the end of the Qing Dynasty in 1912, China's last imperial dynasty. These officials mostly came from the well-educated men known as the...
to a common farmer, although the petitions were more likely read to the emperor if they were persuasive enough to impeach
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
questionable and corrupt local officials from office. When petitions arrived to the throne, multiple copies were made of the original and stored with the Office of Supervising Secretaries before the original written petition was sent to the emperor.
Petitions were a common form of protest and request to the British House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
in the 18th and 19th centuries, the largest being the Great/People's Charter, or petition of the Chartists. They are still presented in small numbers.
The Petition Clause of the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
to the U.S. Constitution guarantees the right of the people "to petition the Government for a redress of grievances." The right to petition
Right to petition
The right to petition government for redress of grievances is the right to make a complaint to, or seek the assistance of, one's government, without fear of punishment or reprisals.-United States:...
has been held to include the right to file lawsuits against the government.
Modern use
Petitions are commonly used in the U.S. to qualify candidates for public office to appear on a ballot; while anyone can be a write-in candidate
Write-in candidate
A write-in candidate is a candidate in an election whose name does not appear on the ballot, but for whom voters may vote nonetheless by writing in the person's name. Some states and local jurisdictions allow a voter to affix a sticker with a write-in candidate's name on it to the ballot in lieu...
, a candidate desiring that his or her name appear on printed ballots and other official election materials must gather a certain number of valid signatures from registered voters. In jurisdictions whose laws allow for ballot initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
s, the gathering of a sufficient number of voter signatures qualilfies a proposed initiative to be placed on the ballot. The 2003 California recall election, which culminated in the recall of Governor Gray Davis
Gray Davis
Joseph Graham "Gray" Davis, Jr. is an American Democratic politician who served as California's 37th Governor from 1999 until being recalled in 2003...
and the election of Arnold Schwarzenegger
Arnold Schwarzenegger
Arnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011....
, began when U.S. 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...
Darrell Issa
Darrell Issa
Darrell Edward Issa is the U.S. Representative for , and previously the 48th, serving since 2001. He is a member of the Republican Party. He was formerly a CEO of Directed Electronics, the Vista, California-based manufacturer of automobile security and convenience products...
employed paid signature gatherers who obtained millions of signatures at a cost to Issa of millions of dollars. Once the requisite number of signatures was obtained on the recall petition, other petitions were circulated by would-be candidates who wanted to appear on the ballot as possible replacements for Davis. After that step, a vote on the recall was scheduled.
Other types of petitions include those that sought to free Nelson Mandela
Nelson Mandela
Nelson Rolihlahla Mandela served as President of South Africa from 1994 to 1999, and was the first South African president to be elected in a fully representative democratic election. Before his presidency, Mandela was an anti-apartheid activist, and the leader of Umkhonto we Sizwe, the armed wing...
during his imprisonment by the former apartheid government of South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
. The petitions had no legal effect, but the signatures of millions of people on the petitions represented a moral force that may have helped free Mandela and end apartheid. Non-governmental organization
Non-governmental organization
A non-governmental organization is a legally constituted organization created by natural or legal persons that operates independently from any government. The term originated from the United Nations , and is normally used to refer to organizations that do not form part of the government and are...
s such as Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
often use petitions in an attempt to exert moral authority in support of various causes. Internet petition
Internet petition
An Internet petition is a form of petition posted on a website. Visitors to the website in question can add their email addresses or names, and after enough "signatures" have been collected, the resulting letter may be delivered to the subject of the petition, usually via e-mail.-Pros and cons:The...
is a new form of a petition becoming commonplace in the 21st century.