Swiss politics and political institutions:
4. Direct Democracy
Prof. Dr. Andreas Ladner
iMPA 2011
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)
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Type 1 Direct Democracy = Assembly Democracy
AI
GL
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Type 2 Direct Democracy:
referendums and initiatives
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„Switzerland is virtually the only country in the world
where the people have such extensive decisionmaking 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.”
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Referendums and initiatives
Amendments to the constitution -> mandatory
referendum
Amendments to legislation -> optional referendum
Requests to change the constitution -> initiative
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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)
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Sovereignty of the people
Direct democracy is based on the spirit of the
people’s sovereignty and the ideal of selfgovernment we can also find in the readings of
Rousseau.
He was against any transfer of sovereignty to
the state, rulers or representatives.
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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.
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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.
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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
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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
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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.
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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.
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Functions and consequences of the referendum

Veto against the decisions of the political elite

Fosters compromises

Influences the development of the state
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Initiatives
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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.
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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
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Success rates
1848 – 1951 –
1950 1980
Total *
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1981 –
2011
(Feb.)
Total
154
150
250
554
Accepted
72
81
122
275
Declined
85
77
133
295
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63
43
20
31.7
75
58
17
22.7
1981 –
2011
(Feb.)
74
57
17
23.0
54
20
34
37
19
18
76
54
22
167
93
74
37.0
51.4
71.1
55.7
1848 – 1950
Mandatory referendums
Accepted
Declined
Declined %
Optional referendums
Accepted
Declined
Accepted
%
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1951 –
1980
Total
212
158
54
25.5
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.
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1848 – 1951 –
1950 1980
Initiatives (initiatives with
counterproposal included)
Total
175
18
157
38
Accepted
Declined
Accepted
%
37
7
30
38
100
11
89
18.9
0.0
11.0
10.3
8
4
4
5
Accepted
Declined
3
2
1
16
6
10
Counterproposals to initiatives
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1981 –
2011
(Feb.)
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5
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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%
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Some particular issues (national level):
http://www.admin.ch/ch/d/pore/va/vab_2_2_4_1_gesamt.html
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Minaret at the mosque of the local Turkish
cultural association in Wangen bei Olten, the
initial motivation for the popular initiative.
The Ahmadiyya mosque in
Zürich (built 1963), the oldest
Swiss mosque with a minaret
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„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)
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“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)
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December 6, 1992: Switzerland refuses to join
the European Economic Area
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March 3, 2002: Switzerland joins the United Nations
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„Initiative to send back criminal foreigners“
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„Pay when you use the motorway“ (accepted)
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„Initiative to protect the alps from traffic“ (accepted)
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The links between Direct Democracy and
Consensus Democracy!
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From a seven members one party government to a multiparty government (The “Joseph Zemp story”)
Joseph Zemp, Entlebuch (LU)
(1834 – 1908)
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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
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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)
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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.
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