Popular initiative in Switzerland

Last updated

Part of the Politics series
Direct democracy
Ballot Box Silhouette.svg
Referendum types
Referendums by country
Referendums by issue
Referendums by method
History of direct democracy
Related
A coloured voting box.svg   Politicsportal
Demonstration, in front of the Federal Palace of Switzerland, in support of the federal popular initiative "for a ban on the export of military equipment", in 2007. The votation was organised on 29 November 2009. Stop Kriegsmaterial-Exporte GSoA, Einreichung Initiative.jpg
Demonstration, in front of the Federal Palace of Switzerland, in support of the federal popular initiative "for a ban on the export of military equipment", in 2007. The votation was organised on 29 November 2009.

A popular initiative (German: Volksinitiative, French: Initiative populaire, Italian: Iniziativa popolare, Romansh: Iniziativa dal pievel) allows people to suggest laws on a national, cantonal, and municipal level.

Contents

On a federal level it may only change the federal constitution, not propose an ordinary law. Along with the popular referendum and in some cantons recall elections, it is a form of direct democracy.

History

Popular initiatives were introduced as a tool at the federal level in the 1891 partial revision of the Swiss Federal Constitution. Between 1893 and 2014, out of a total of 192 federal initiatives put to the vote, 22 were successful. Another 73 were withdrawn, mostly in favour of a counter-proposal.

The first successful initiative was the first ever launched, asking for "prohibition of slaughter without prior anesthesia" (ostensibly phrased as a matter of animal rights, but in practice directed against shechita in particular, a practice that remains outlawed in Switzerland to the present day).

The successful initiatives date to the following years: 1893, 1908 (absinthe), 1918, 1920 (gambling), 1921, 1928 (gambling), 1949, 1982, 1987 (protection of wetlands), 1990 (nuclear power moratorium), 1993 (National Day), 1994 (protection of alpine ecosystems), 2002 (UN membership), 2004, 2005, 2008, 2009 (minaret ban), 2010, 2012, 2013 (executive pay), 2014 (immigration), 2014 (convicted child sex offender work ban).

Successful initiatives were thus quite rare, with a gap of 20 years during 1929–1949, and even of more than 30 years during 1949–1982 during which not a single initiative found favour with the electorate. In the 21st century, the picture changes significantly, with five successful initiatives during the 2000s, and another five just during 2010–2014.

Among the 170 rejected initiatives (as of October 2014), there are several that still played a major role in Swiss politics. Notable among them, also for the high voter turnout they inspired, were the anti-immigration initiatives of James Schwarzenbach in 1970 and 1974 (74.7% and 70.3% turnout, respectively), and the 1989 initiative with the aim of abolishing the Swiss Army (69.2% turnout).

The federal popular initiative (German: Eidgenössische Volksinitiative, French: Initiative populaire fédérale, Italian: Iniziativa popolare federale) is an instrument of direct democracy in Switzerland. It allows citizens to propose changes to the Swiss Federal Constitution. A votation will be organised for every proposition of modification that collected 100,000 valid signatures in 18 months. [1]

The most frequent themes tackled by initiatives are healthcare, taxes, welfare, drug policy, public transport, immigration, asylum, and education. There are only two kinds of restrictions on the content:

It is different from the mandatory referendum in that in a popular initiative, the proposition to change the constitution comes from the population and not from the parliament. The authorities, even if they don't like it, cannot prevent an initiative which has collected enough signatures from being held, but they can make a counter proposal, known as counter-project. [1]

A double majority of people and cantons is required to change the constitution.

Popular initiatives exist at the federal, cantonal, and municipal levels. [3]

Suggested revisions

At the time of its introduction to the Swiss Constitution in 1891, the federal initiative system was initially meant to let groups that were not represented in the parliamentary process voice their concerns. [4]

Since the 2000s, it has been increasingly used by political parties to bypass the parliamentary process. [5] Some critics argue that it undermines the whole Swiss political system, based on compromise and adaptation to one another, as it suppresses any possibility to negotiate on an issue (an initiative can only be accepted or rejected as a whole). Others argue that it is democracy in its purest form. [6]

Critics also argue that the multiplication of initiatives undermines the stability of the legal framework, as initiatives proposing drastic reforms are more and more frequent. [7]

Comparison of popular initiative law in Swiss Cantons
CantonTypeSignatures requiredSignature Collection periodCounter ProposalNotes
Total constitutional revision3,000 signatures12 monthsCounter proposal allowed
Constitutional amendment initiative
Legislative initiative
Regulated in: Constitution of the Canton of Aargau, Section 64 - 65
Total constitutional revision1 eligible voterN/ACounter proposal allowed
Constitutional amendment initiative
Legislative initiative
Regulated in: Constitution of the Canton of Appenzell Innerrhoden, Art. 7
Total constitutional revision300 signaturesCounter proposal allowed
Constitution amendment initiative
Legislative initiative
Regulated in: Constitution of the Canton of Appenzell Ausserrhoden, Art.51 a. - Art.55 e.
Total constitutional revision30,000 signatures6 monthsCounter proposal allowed
Constitutional amendment initiative15,000 signatures
Legislative initiative
Intercantonal / International contract negotiation
Elaboration of government resolution
Regulated by: Constitution of the Canton of Bern, Art. 58 - Art. 60
Total constitutional revision1,500 signaturesNo limit
Constitutional amendment initiative
Legislative initiative
Regulated by: Constitution of the Canton of Basel-Landschaft, Art. 28 - Art. 29
Total constitutional revision3,000 signatures18 months
Constitutional amendment initiative
Legislative initiative
Regulated by: Constitution of the Canton of Basel-Stadt,
Total constitutional revision6,000 signatures90 daysCounter-proposal allowed
Constitutional amendment
Legislative initiative
Regulated by: Constitution of the Canton of Fribourg,
Total constitutional revision3% of eligible voters4 monthsCounter-proposal allowed
Constitutional amendment
Legislative initiative2% of eligible voters
Regulated by: Constitution of the Republic and Canton of Geneva, Art. 56 - Art. 64
Total constitutional revision1 eligible voterN/AMunicipalities may propose these initiatives
Constitutional amendment
Legislative initiative
Regulated by: Constitution of the Canton of Glarus, Art. 58 and Art. 59
Total constitutional revision4,000 signatures12 monthsCounter proposal allowed1/6 of municipalities may propose this initiative
Constitutional amendment
Legislative initiative3,000 signatures1/7 of municipalities may propose this initiative
Regulated by: Constitution of the Canton of Graubünden, Art. 12 - Art. 15
Total constitutional revision5,000 signaturesNo limitCounter proposal allowed5 municipalities may propose this initiative
Constitutional amendment
Ordinary law
Regulated by: Constitution of the Canton of Jura, Art. 75 - Art. 76
Total constitutional revision5,000 signatures12 monthsCounter proposal allowed
Constitutional amendment
Ordinary law4,000 signatures
Regulated by: Constitution of the Canton of Lucerne, Art. 20 - Art. 22
Total constitutional revision10,000 signatures6 monthsNo counter proposal
Constitutional amendment initiative6,000 signatures
Legislative initiative4,500 signatures
Regulated by: Constitution of the Canton of Neuchatel, Art. 40
Total constitutional revision1,000 signatures2 monthsCounter proposal allowedDistrict administrator may propose this initiative
Constitutional amendment initiative500 signatures
Legislative initiative250 signaturesDistrict administrator and municipalities may propose this initiative
Regulated by: Constitution of the Canton of Nidwalden,Art. 54 - Art. 54 a.
Total constitutional revision500 signaturesNo limitCounter proposal allowed
Constitutional amendment initiative
Legislative initiative
Regulated by: Constitution of Canton of Obwalden,
Total constitutional revision8,000 signatures5 monthsCounter proposal allowed
Constitutional amendment initiative
Legislative initiative6,000 signaturesThis initiative is a fully formulated draft law.
Unity initiative4,000 signaturesThis initiative is a general proposal for a law
Regulated by: Constitution of the Canton of St. Gallen, Art. 41-43

See also

Related Research Articles

<span class="mw-page-title-main">Switzerland</span> Country in Central Europe

Switzerland, officially the Swiss Confederation, is a landlocked country located in west-central Europe. It is bordered by Italy to the south, France to the west, Germany to the north and Austria and Liechtenstein to the east. Switzerland is geographically divided among the Swiss Plateau, the Alps and the Jura; the Alps occupy the greater part of the territory, whereas most of the country's population of 9 million are concentrated on the plateau, which hosts its largest cities and economic centres, including Zürich, Geneva and Basel.

<span class="mw-page-title-main">Politics of Switzerland</span>

The government of Switzerland is a federal state with direct democracy.

<span class="mw-page-title-main">Direct democracy</span> Form of democracy

Direct democracy or pure democracy is a form of democracy in which the electorate decides on policy initiatives without elected representatives as proxies. This differs from the majority of currently established democracies, which are representative democracies. The theory and practice of direct democracy and participation as its common characteristic was the core of work of many theorists, philosophers, politicians, and social critics, among whom the most important are Jean Jacques Rousseau, John Stuart Mill, and G.D.H. Cole.

<span class="mw-page-title-main">National Council (Switzerland)</span> Lower house of the Federal Assembly of Switzerland

The National Council is the lower house of the Federal Assembly, and the upper house being the Council of States. With 200 seats, the National Council is the larger of the two houses.

<span class="mw-page-title-main">Christoph Blocher</span> Swiss politician (born 1940)

Christoph Wolfram Blocher is a Swiss industrialist and politician who served as a Member of the Swiss Federal Council from 2004 to 2007. A member of the Swiss People's Party (SVP/UDC), he headed the Federal Department of Justice and Police. As an industrialist, he became wealthy as CEO and majority shareholder in the EMS-Chemie corporation, now run by his daughter, Magdalena Martullo-Blocher.

<span class="mw-page-title-main">Swiss People's Party</span> Swiss political party

The Swiss People's Party, also known as the Democratic Union of the Centre, is a national-conservative and right-wing populist political party in Switzerland. Chaired by Marcel Dettling, it is the largest party in the Federal Assembly, with 62 members of the National Council and 6 of the Council of States.

<span class="mw-page-title-main">Swiss Federal Constitution</span> Constitution of the Swiss Confederation

The Federal Constitution of the Swiss Confederation of 18 April 1999 is the third and current federal constitution of Switzerland.

<span class="mw-page-title-main">Directorial system</span> Socio-political system with shared executive power

A directorial republic is a country ruled by a college of several people who jointly exercise the powers of a head of state and/or a head of government.

Voting in Switzerland is the process by which Swiss citizens make decisions about governance and elect officials. The history of voting rights in Switzerland mirrors the complexity of the nation itself. The polling stations are opened on Saturdays and Sunday mornings but most people vote by post in advance. At noon on Sunday, voting ends and the results are usually known during the afternoon.

<span class="mw-page-title-main">Switzerland–European Union relations</span> Bilateral relations

Switzerland is not a member state of the European Union (EU). It is associated with the Union through a series of bilateral treaties in which Switzerland has adopted various provisions of European Union law in order to participate in the Union's single market, without joining as a member state. Among Switzerland's neighbouring countries, all but one are EU member states.

An employers' organization or employers' association is a collective organization of manufacturers, retailers, or other employers of wage labor. Employers' organizations seek to coordinate the behavior of their member companies in matters of mutual interest, such as during negotiations with trade unions or government bodies. Employers' organizations operate like trade unions and promote the economic and social interests of its member organisations.

Ten referendums were held in Switzerland during 2008. The first two were held on 24 February on business tax reform and aircraft noise. A further three were held on 1 June on public information campaigns, naturalisation and health reform. The final five were held on 30 November on legalising cannabis, making the pension age flexible, restricting the right of appeal of associations against construction projects, amending the constitutional article on narcotics and eliminating the statute of limitations with respect to pornographic crimes against children.

<span class="mw-page-title-main">Magic formula (Swiss politics)</span> Agreement in Swiss politics

In Swiss politics, the magic formula is an arithmetic formula for dividing the seven executive seats on the Federal Council among the four coalition parties. The formula was first applied in 1959. It gave the Free Democratic Party, the Catholic Conservative Party and the Social Democratic Party two seats each, while the Party of Farmers, Traders and Independents received one seat.

The Fédération des Entreprises Romandes Genève is a Swiss employer's organization based in Geneva, Switzerland. It groups 28,000 members, including multinational corporations as well as 9,000 independent workers and 80 trade associations. It is involved in negotiations with the trade unions, political lobbying and the provision of services and business networking opportunities for its members.

A mandatory referendum, also known as an obligatory referendum, is a referendum that is legally required to be held under specific circumstances. This is in contrast to an optional referendum, which comes from either by public or legislative request. The actions that require mandatory referendums are set by law and normally concern major governmental actions or matters of large public significance. The most commonly found example worldwide of a mandatory referendum is a required referendum to adopt or amend a national constitution, which exists in many countries.

The optional referendum is a referendum which comes from a request by governmental authorities or the public. The best known types of optional referendums is the popular initiative to request a law, and the popular referendum to repeal a law. The collection of signatures from the public is normally necessary to organize an optional referendum, but some jurisdictions allow government agencies to request for a referendum also. It is a form of direct democracy.

Twelve national referendums were held in Switzerland during 2014.

<span class="mw-page-title-main">2014 Swiss immigration initiative</span> Referendum in Switzerland

In Switzerland, the federal popular initiative "against mass immigration" was a referendum that aimed to limit immigration through quotas, as it had been prior to the bilateral treaties between Switzerland and the European Union (EU) launched in 2002.

Thirteen national referendums were held in Switzerland during 2016.

References

  1. 1 2 Pierre Cormon, Swiss Politics for Complete Beginners Archived 4 November 2014 at the Wayback Machine , Editions Slatkine, 2014, ISBN   978-2-8321-0607-5, p. 23
  2. ↑ Pierre Cormon, Swiss Politics for Complete Beginners Archived 4 November 2014 at the Wayback Machine , Editions Slatkine, 2014, ISBN   978-2-8321-0607-5, p. 23–25
  3. ↑ Pierre Cormon, Swiss Politics for Complete Beginners Archived 4 November 2014 at the Wayback Machine , Editions Slatkine, 2014, ISBN   978-2-8321-0607-5, p. 23–24
  4. ↑ Pierre Cormon, Swiss Politics for Complete Beginners Archived 4 November 2014 at the Wayback Machine , Editions Slatkine, 2014, ISBN   978-2-8321-0607-5, p. 56
  5. ↑ Pierre Cormon, Swiss Politics for Complete Beginners Archived 4 November 2014 at the Wayback Machine , Editions Slatkine, 2014, ISBN   978-2-8321-0607-5, p. 57–58
  6. ↑ Pierre Cormon, Swiss Politics for Complete Beginners Archived 4 November 2014 at the Wayback Machine , Editions Slatkine, 2014, ISBN   978-2-8321-0607-5, p. 57–58
  7. ↑ Jean-Philippe Buchs, Chantal Mathez de Senger, "Trop d'initiatives, les patrons s'alarment", Bilan, 3 April 2014.

Bibliography

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.