A detailed
overview of the numerous direct democracy mechanisms used in Switzerland
Direct
democracy was introduced at federal level in Switzerland in 1848, although in
some Swiss cantons forms of direct democracy have been used since the
fourteenth century. A variety of direct democracy mechanisms are provided for
at both federal and cantonal level, with Swiss voters given the chance to cast
their votes in federal ballots on average four times a year.
When it
comes to direct democracy, Switzerland
is usually cited as the country that is the closest to having a directly
democratic system of government. Although Switzerland retains features of a
representative democracy (e.g. it has an elected Parliament), various forms of
direct democracy are used frequently at national, cantonal and local (commune)
level. This case study focuses on the mechanisms and use of Switzerland's direct democracy.
History
and background
Direct
democracy has a long standing tradition in some of the Swiss cantons, going
back as far as the fourteenth century. When Switzerland became a federal state
in 1848, direct democracy instruments were introduced at the national level as
well. The federal constitution introduced the principle of holding a mandatory
referendum in order to change the constitution, as well as the popular
initiative for a total revision of the constitution. Further rights of
referendums were introduced in 1874, and the popular initiative for a partial
revision of the constitution in 1891. Between 1848 and February 2004, 517
referendums were held, whilst between 1892 and May 2004, 244 initiatives were
proposed.
Forms of
direct democracy - federal level
Numerous
different direct democracy mechanisms can be used at federal level in Switzerland.
The mechanisms fall into two broad categories: referendums and initiatives -
there is no provision for use of the recall in Switzerland. Each mechanism can be
used to achieve different results, and has different design features.
Referendums
Unlike in other
countries, in Switzerland
it is not the government that decides if a referendum is held on an issue; the
circumstances under which referendums are used are clearly prescribed within
the country's constitution.
The first type of direct democracy mechanism is
the mandatory referendum, i.e., a referendum that the government must
call in relation to certain important political issues. These are:
- A
partial or total revision of the federal constitution;
- Joining
an organisation for collective security or a supranational organisation;
- Introducing
urgent federal legislation whose validity exceeds one year, without the
required constitutional basis (such legislation has to be submitted to the
vote within one year after its adoption by Parliament);
- Popular
initiatives for a total revision of the constitution;
- Popular
initiatives for a partial revision of the constitution in the form of a
general proposition which were rejected by the Parliament;
- The question of whether a total
revision of the constitution should be carried out if both chambers of
Parliament disagree.
The first
three kinds of mandatory referendums require a double majority to pass; that
is, they must achieve a popular majority (a majority of the votes cast at the
referendum) whilst at the same time achieving a majority vote in a majority of
the cantons. The latter three, which take place as part of the initiative
process, only need a popular majority.
Optional
referendums can be
held in relation to new or amended federal acts and/or international treaties.
The optional legislative referendum is held in relation to all federal
laws and urgent federal laws which are due to be valid for more than a year.
The optional referendum on international treaties is held in relation to
international treaties that are of unlimited duration and may not be
terminated, and international treaties that provide for membership of
international organisations or contain legislative provisions that have to be
implemented by enacting federal laws Optional referendums are called if 50,000
signatures are collected in support of a referendum within 100 days, or if
eight cantons request a referendum, and pass with a popular majority. Until
2004, an optional referendum has never been successfully requested by a group
of cantons; the first referendum initiated by the cantons was held on 16 May
2004.
Initiatives
Initiatives
can be used to propose changes to the federal constitution. In addition, in
2003 Switzerland
adopted a new form of initiative, to be used in relation to more general
statutory provisions. Once an initiative is filed, a specified number of valid
signatures (i.e. signatures of registered voters) are required in order to
force the Federal Council and Parliament to consider the initiative and to hold
a referendum on the initiative proposal.
Amendments
to the constitution can be proposed using two different initiative mechanisms.
The popular initiative for a partial revision of the constitution
provides voters with the opportunity to propose a draft revision to part of the
federal constitution. 100,000 voters must sign an initiative in order for a
referendum to be held on the proposal. The popular initiative for a total
revision of the constitution also requires the support of 100,000 voters in
an initiative. In both cases, the signatures must be collected within 18 months
of the initiative being filed.
From late
2006, the general popular initiative has been available to
Swiss voters. This mechanism can be used to force a referendum on the adoption
of a general proposal that will be incorporated on a constitutional and/or
legislative level, providing that 100,000 signatures are collected in support
of the initiative.
Until 2006,
initiatives in Switzerland
were submitted as a general proposition or in the text that would be adopted if
the initiative measure is successful. However, after the implementation of the
general popular initiative, the popular initiative for a partial revision of
the constitution will only be accepted in the form of a written text
proposition (general propositions in relation to the constitution should be
made using the general popular initiative). In response to initiatives which
meet the required signature threshold, the Swiss Parliament advises the people
on whether to adopt or reject the proposal. In addition, the government is also
able to formulate a counter-proposal that is included on the ballot. The
"double-yes" vote allows voters to approve both the original
initiative and the government's response to it, and indicate which of the two
measures they prefer. The measure which receives the most support is passed.
Forms of
direct democracy - cantonal level
Use of
direct democracy is even more extensive in Switzerland's 26 cantons (i.e.,
state authorities). However, use of direct democracy varies between the
cantons; between 1970-2003 Zurich held 457, whilst Ticino
held just 53 (the canton of Jura held just 45 referendums, but was only
formally established (by referendum) in 1979).
In addition
to the referendum and initiative mechanisms used at federal level, the
following mechanisms are also used in some or all of the Swiss cantons.
Unlike at
federal level, the legislative initiative has for some time provided
voters in all cantons with the opportunity to propose additions to laws. In
some cantons, the administrative initiative to launch a canton initiative
can be used to demand that certain work is undertaken in public administration
(e.g., building a new school or a new road). In addition, some cantons provide
for the , an initiative to force the canton to table a motion to the Federal
Assembly.
All the
Swiss cantons provide for legislative referendums on legislation passed
by the cantonal parliament; however, in different cantons, these may be
mandatory or optional. Administrative referendums may be held on major public
projects that will incur high levels of public expenditure (and may lead to
increases in taxes); these are sometime called fiscal referendums. Lastly,
administrative referendums may be held on the non-fiscal issues of public
administration listed above.
Characteristics
of the use of direct democracy in Switzerland
Turnout
Swiss
voters are given the opportunity to vote in federal referendums on average four
times a year. Typically, voters will also vote on a number of cantonal and
local issues on the day of a federal ballot. Over the second part of the
twentieth century, turnout at federal referendums fell from around 50-70% to an
average of around 40%; this mirrored a similar decline in turnout at federal
elections from 80% to around 45%. One suggestion is that this comparatively low
turnout is due to the sheer number of votes that the Swiss are able to vote in;
however, it is argued by many that a far higher proportion of the population is
politically active than appears so from the figure of 40%, since it is not
always the same 40-45% of voters who vote at each opportunity.
Issues
Given the numerous opportunities for using
direct democracy in Switzerland,
it is perhaps not surprising that the variety of issues on which referendums
are held is extremely wide. Since 1990, referendums have been held on such
diverse issues as:
- Banning
the building of nuclear power stations;
- Building new Alpine railways;
- A new federal constitution;
- Controlling immigration;
- Abolishing the army;
- Joining the United Nations;
- Shortening working hours;
- Opening up electricity markets.
Impact of direct democracy
Undoubtedly,
direct democracy has played a key role in shaping the modern Swiss political
system. Yet it is important to question the actual impact of direct democracy
on the legislative issues that, in other countries, are the responsibility of
elected representatives.
On one
reading, it could be argued that the impact has been limited: in the first
century of using the initiative (1891-2004), just 14 initiatives were passed in
Switzerland.
Yet to consider this statistic alone ignores the considerable, indirect impact
of direct democracy. Although the majority of initiatives fail, the fact that
there has been an initiative, and therefore a campaign, increases publicity
surrounding the issue in question and public knowledge of it. This may well
increase pressure on the government to introduce measures dealing with the
issue, even if it is not required to by virtue of a successful referendum. An
initiative might therefore be successful in achieving some of its proponents'
aims, even if it is not successful in the sense of having passed. This trend
explains why many initiatives are filed but subsequently withdrawn; because
sometimes a government chooses to act before an initiative reaches the
referendum stage.
A further
impact of the direct democracy mechanisms within Switzerland is that the government
is forced to seek a wider consensus about the statutory (and constitutional)
measures that it seeks to introduce than is the case in a purely representative
system. In a representative system, the party of government may, in the absence
of a large majority, have to develop cross-party consensus on an issue in order
to ensure that the measure is approved. In the Swiss system, the possibility of
an optional referendum forces the government to ensure consensus with groups
outside of Parliament so as to prevent the possibility of such groups seeking
to overturn the new legislation.
Conversely,
the significance of direct democracy in the Swiss system is often cited as the
reason for the weakness of Swiss political parties and the relatively low
significance attached to normal elections. This is because, given the
prominence of direct democracy, political parties are not solely responsible
for controlling the federal agenda. In addition, direct democracy often raises
cross-cutting issues on which members of political parties might not be in
agreement.
