Swiss politics and political institutions: 4. Direct Democracy

Swiss politics and political institutions:

4. Direct Democracy

Prof. Dr. Andreas Ladner

iMPA 2013

| ©IDHEAP – [email protected] | | 21/04/23 |

Module 1

1. Society and History

2. Federalism and Municipalities

3. Government and Parliament

4. Direct Democracy

5. Party system and Parties

6. What about the citizens?

7. BADAC – Cantons (Dr. Christophe Koller)


Type 1 Direct Democracy = Assembly Democracy

AI GL


Type 2 Direct Democracy:referendums and initiatives


„Switzerland is virtually the only country in the world

where the people have such extensive decision-

making powers. The longstanding democratic

tradition, but also the comparatively small size of the

population and the country, as well as a high literacy

rate and sophisticated media services are crucial to

the operation of this particular system of

government.”


Referendums and initiatives

Amendments to the constitution -> mandatory

referendum

Amendments to legislation -> optional referendum

Requests to change the constitution -> initiative


Those in favour of direct democracy ...

… distrust the idea of parliaments and

political representation

… believe that the citizens are sensible and

reasonable (sovereignty of the people)


Sovereignty of the people

Direct democracy is based on the spirit of the

people’s sovereignty and the ideal of self-

government we can also find in the readings of

Rousseau.

He was against any transfer of sovereignty to

the state, rulers or representatives.


Direct democracy is not about asking the citizens’ opinion but about binding political decisions

Parliamentary democracies use plebiscites to legitimize

their policies.

Initiatives and referendums are binding political decisions.


From a representative democracy to a semi-direct democracy

The Constitution of 1848 only contained the mandatory

referendum for a revision of the Constitution and the right of the

initiative for a total revision of the Constitution.

The option referendum in matters of legislations approved by the

Federal Assembly was introduced in 1874 in order to pass the

revised Constitution which called for more centralization.

The right to make partial amendments of the Constitution was

introduced in 1891.


A steady increase of direct democratic rights

1921: Optional referendum for international treaties

1949: Mandatory referendum for urgent unconstitutional laws and optional

referendum for urgent constitutional laws applicabel for more than one year

1977: Mandatory referendum in the case of Switzerland joining an

international organization for collective security or a supranational

community.

2003: Popular general initiative and extension of the referendum for

international treaties


Declined increases of direct democracy

1956: Referendum against concessions for water use

1956: Referendum against planned expenditures

1963: Referendum against nuclear weapons

1872, 1961: Initiative in matters of legislation

1978: Referendum against the construction of motorways

1987: Referendum against expenditures for the army


Referendums

The referendum is similar to a veto and has the effect of delaying and safeguarding the political process by blocking amendments adopted by parliament or the government or delaying their effect – the referendum is therefore often described as a brake applied by the People.


Referendums

In most cases, a referendum is only called if those who

feel strongly about the issue manage to collect enough

signatures.

However, the authorities are obliged to hold a

referendum if the legislation involves an amendment to

the constitution initiated by the government, or any

proposal for Switzerland to sign a major international

agreement which cannot be rescinded.


Functions and consequences of the referendum

Veto against the decisions of the political elite

Fosters compromises

Influences the development of the state


Initiatives


Initiatives

Initiatives have been held recently on matters such as cutting

military spending (rejected) and limiting the foreign population to

18% (rejected).

More "exotic" initiatives have included making it easier to open

casinos (accepted), protecting marshland (accepted) and

banning the production and sale of absinthe (accepted). The first

initiative under the current system, put to the vote in 1893,

called for a ban on the Jewish method of slaughtering of animals

without stunning them first. It was accepted, against the advice

of parliament.


Functions and consequences of the initiative

Makes the political system more open, more « responsive »

Any political group may influence the political agenda

The political elite gets confronted with problems

Safety valve


Success rates

1848 – 1950

1951 – 1980

1981 – 2011 (Feb.) Total

Total * 154 150 250 554

Accepted 72 81 122 275

Declined 85 77 133 295


1848 – 19501951 – 1980

1981 – 2011 (Feb.) Total

Mandatory referendums 63 75 74 212Accepted 43 58 57 158Declined 20 17 17 54Declined % 31.7 22.7 23.0 25.5

Optional referendums 54 37 76 167Accepted 20 19 54 93Declined 34 18 22 74Accepted % 37.0 51.4 71.1 55.7


Success and impact of initiatives

The vast majority of initiatives achieved less than 50% votes in

favour and were rejected.

Most of these initiatives are not , however, entirely ineffective.

The concerns they address often give rise to broad debate and

are eventually translated, at least partially, into new laws.


1848 – 1950

1951 – 1980

1981 – 2011 (Feb.) Total

Initiatives (initiatives with counterproposal included) 37 38 100 175 Accepted 7 11 18 Declined 30 38 89 157

Accepted % 18.9 0.0 11.0 10.3

Counterproposals to initiatives 3 8 5 16 Accepted 2 4 6 Declined 1 4 5 10



Some important decisions regarding foreign affairs

December 6, 1992: Switzerland refuses to join the

European Economic Area

Citizens yes: 49.7%; Cantons yes: 6 2/2 yes; turnout: 78.7%

March 3, 2002: Switzerland joins the United Nations

(first vote on March 16, 1986, “no”)

Citizens yes: 54.6%; Cantons yes: 11 2/2 yes; turnout: 58.4%


Some particular issues (national level):

http://www.admin.ch/ch/d/pore/va/vab_2_2_4_1_gesamt.html


The Ahmadiyya mosque in Zürich (built 1963), the oldest Swiss mosque with a minaret

Minaret at the mosque of the local Turkish cultural association in Wangen bei Olten, the initial motivation for the popular initiative.



„The anti-minaret initiative“

The minaret controversy in Switzerland refers to

construction of minarets, which has been subject to legal and

political controversy in Switzerland during the 2000s and a

Swiss referendum regarding this issue.

In a November 2009 referendum, a constitutional amendment

banning the construction of new minarets was approved by

57.5% of the participating voters.[1] Only four of the 26 Swiss

cantons,[2] mostly in the French-speaking part of Switzerland,

opposed the initiative. (wikipedia)



“The ban on new minarets may be put to the test in

the case of a pending project of building a minaret

for a mosque in Langenthal, canton of Berne. The

Islamic community of Langenthal has announced

their intention of taking their case to the Federal

Supreme Court of Switzerland and if necessary

further to the European Court of Human Rights in

Strasbourg.” (wikipedia)


December 6, 1992: Switzerland refuses to join the European Economic Area


March 3, 2002: Switzerland joins the United Nations


„Initiative to send back criminal foreigners“


„Pay when you use the motorway“ (accepted)


«Initiative against secondary homes and cold beds» (11.3.2012)


The links between Direct Democracy and

Consensus Democracy!


From a seven members one party government to a multi-party government (The “Joseph Zemp story”)

Joseph Zemp, Entlebuch (LU)(1834 – 1908)


1887: Zemp was the first conservative elected president of the National Council. When he was elected member of the Federal Council in 1891, he received 129 of 183 votes


Steps towards consensus

17.12.1891: Joseph Zemp (CVP, Catholic-Conservatives)

11.12.1919: Jean-Marie Musy (CVP, Catholic-Conservatives)

13.12.1929: Rudolf Minger (SVP, Swiss People‘s Party)

15.12.1943: Ernst Nobs (SP, Social Democrats)

17.12.1959: Hans-Peter Tschudi (SP, Social Democrats) and Willy Spühler (SP, Social Democrats)

1959 - 2003: The magic formula (2 Liberals, 2 Christian Democrats, 2 Social Democrats, 1 Swiss People‘s Party)

2003 - : On the search for a new equilibrium (2 Radicals, 1 Christian Democrats, 2 Social Democrats, 2(1) Swiss People‘s Party)


Direct Democracy and the Consultation Process

In Switzerland, laws are created in four steps:

– Draft by the administration

– Consultation of federal states, political parties, entrepreneurs, unions and other

interested groups

– Parliamentary debate and final version passed

– Possibility of a referendum

The formal (institutionalised) consultation results in comments, demands

for modifications and even alternate propositions. Normally they are made

public so that the electorate is informed what is going on and what the pros

and cons of the new law are. If a strong party or lobby threatens to call for

a referendum in a later stage if their demands are not met, a new law may

be completely reworked by the administration after the consultation.

Documents

Swiss politics and political institutions: 4. Direct Democracy