In Switzerland, a popular initiative (, , , ) allows people to suggest laws on a federal, cantonal, and municipal level.
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 Another 73 were withdrawn, mostly in favour of a counter-proposal.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).
Federal popular initiative
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.Pierre Cormon, Swiss Politics for Complete Beginners , Editions Slatkine, 2014, , p. 23
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: Formal criteria (the initiative should deal with one topic at a time, etc.) The initiative should not infringe on the core of the human rights, known as jus cogens.Pierre Cormon, Swiss Politics for Complete Beginners , Editions Slatkine, 2014, , p. 23–25
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.
A double majority of people and cantons is required to change the constitution.
Popular initiatives exist at the federal, cantonal, and municipal levels.Pierre Cormon, Swiss Politics for Complete Beginners , Editions Slatkine, 2014, , p. 23–24
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.Pierre Cormon, Swiss Politics for Complete Beginners , Editions Slatkine, 2014, , p. 56
Since the 2000s, it has been increasingly used by political parties to bypass the parliamentary process.Pierre Cormon, Swiss Politics for Complete Beginners , Editions Slatkine, 2014, , p. 57–58 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.Pierre Cormon, Swiss Politics for Complete Beginners , Editions Slatkine, 2014, , p. 57–58
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.Jean-Philippe Buchs, Chantal Mathez de Senger, "Trop d'initiatives, les patrons s'alarment", Bilan, 3 April 2014.
Cantonal popular initiative +Comparison of popular initiative law in Swiss CantonsCantonTypeSignatures requiredSignature Collection periodCounter ProposalNotes Total constitutional revision3,000 signatures12 months Counter proposal allowedConstitutional amendment initiativeLegislative initiativeRegulated in: Constitution of the Canton of Aargau, Section 64 - 65Total constitutional revision1 eligible voterN/ACounter proposal allowedConstitutional amendment initiativeLegislative initiativeRegulated in: Constitution of the Canton of Appenzell Innerrhoden, Art. 7 Total constitutional revision300 signaturesCounter proposal allowedConstitution amendment initiativeLegislative initiativeRegulated in: Constitution of the Canton of Appenzell Ausserrhoden, Art.51 a. - Art.55 e. Total constitutional revision30,000 signatures6 monthsCounter proposal allowedConstitutional amendment initiative15,000 signaturesLegislative initiativeIntercantonal / International contract negotiationElaboration of government resolutionRegulated by: Constitution of the Canton of Bern, Art. 58 - Art. 60Total constitutional revision1,500 signaturesNo limitConstitutional amendment initiativeLegislative initiativeRegulated by: Constitution of the Canton of Basel-Landschaft, Art. 28 - Art. 29Total constitutional revision3,000 signatures18 monthsConstitutional amendment initiativeLegislative initiativeRegulated by: Constitution of the Canton of Basel-Stadt,Total constitutional revision6,000 signatures90 daysCounter-proposal allowedConstitutional amendmentLegislative initiativeRegulated by: Constitution of the Canton of Fribourg, Total constitutional revision3% of eligible voters4 monthsCounter-proposal allowedConstitutional amendmentLegislative initiative2% of eligible votersRegulated by: Constitution of the Republic and Canton of Geneva, Art. 56 - Art. 64Total constitutional revision1 eligible voterN/AMunicipalities may propose these initiativesConstitutional amendmentLegislative initiativeRegulated by: Constitution of the Canton of Glarus, Art. 58 and Art. 59Total constitutional revision4,000 signatures12 monthsCounter proposal allowed1/6 of municipalities may propose this initiativeConstitutional amendmentLegislative initiative3,000 signatures1/7 of municipalities may propose this initiative Regulated by: Constitution of the Canton of Graubünden, Art. 12 - Art. 15Total constitutional revision5,000 signaturesNo limitCounter proposal allowed5 municipalities may propose this initiativeConstitutional amendmentOrdinary lawRegulated by: Constitution of the Canton of Jura, Art. 75 - Art. 76Total constitutional revision5,000 signatures12 monthsCounter proposal allowedConstitutional amendmentOrdinary law4,000 signaturesRegulated by: Constitution of the Canton of Lucerne, Art. 20 - Art. 22 Total constitutional revision10,000 signatures6 monthsNo counter proposalConstitutional amendment initiative 6,000 signaturesLegislative initiative4,500 signaturesRegulated by: Constitution of the Canton of Neuchatel, Art. 40Total constitutional revision1,000 signatures2 monthsCounter proposal allowedDistrict administrator may propose this initiativeConstitutional amendment initiative500 signaturesLegislative 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 allowedConstitutional amendment initiativeLegislative initiative Regulated by: Constitution of Canton of Obwalden, Total constitutional revision8,000 signatures5 monthsCounter proposal allowedConstitutional amendment initiativeLegislative initiative6,000 signaturesThis initiative is a fully formulated draft law.Unity initiative4,000 signaturesThis initiative is a general proposal for a lawRegulated by: Constitution of the Canton of St. Gallen, Art. 41-43
Municipal popular initiative
See also Some initiatives 1918 Swiss direct federal tax initiative 1918 Swiss proportional representation popular initiative 1949 Swiss direct democracy popular initiative 2010 Swiss expulsion initiative Other related topics Citizens' Initiative Referendum Initiative Politics of Switzerland People's Initiative in the Philippines Swiss Federal Constitution Voting in Switzerland
References
Bibliography Pierre Cormon, Swiss Politics for Complete Beginners, Editions Slatkine, 2014. Vincent Golay and Mix et Remix, Swiss political institutions, Éditions loisirs et pédagogie, 2008. .
External links Popular Initiatives