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Legal basis for direct democracy at the national level

Switzerland

Switzerland

Answer
  • Constitutional
  • Specific laws/legislation
Source

Generalprovision: Federal Constitution, Art.136

Mandatoryreferendum: Federal Constitution,Art. 138-140;

Optionalreferendum: Federal Constitution,Art. 141;

Citizens?initiative: Federal Constitution, Art.138, 139, 140(2)a-b;

 

The Federal Act on Political Rights, Federal Acton Parliament, and Ordinance onPolitical Rights provide additional administrative requirements for theabove.

The cantons are the member states of theSwiss Confederation.

FEDERAL CONSTITUTION OF THE SWISSCONFEDERATION

(Adopted1999; last amended 2013)

http://?www.?admin.?ch/?ch/?e/?rs/?c101.?html

Title 4: The People and the Cantons

Chapter 1: General Provisions

Art. 136 Political rights

(1) All Swiss citizens over theage of eighteen, unless they lack legal capacity due to mental illness ormental incapacity, have political rights in federal matters. All citizens havethe same political rights and duties.

(2) They may participate in elections to theNational Council and in federal popular votes, and launch or sign popularinitiatives and requests for referendums in federal matters.

Chapter 2: Initiative and Referendum

Art. 138 Popular initiative requestingthe complete revision of the Federal Constitution

(1) Any 100,000 persons eligible to vote maywithin 18 months of the official publication of their initiative propose acomplete revision of the Federal Constitution.

Art. 139 Popular initiative requestinga partial revision of the Federal Constitution in specific terms

(1) Any 100,000 persons eligible to vote maywithin 18 months of the official publication of their initiative request apartial revision of the Federal Constitution.

(2) A popular initiative for the partialrevision of the Federal Constitution may take the form of a general proposal orof a specific draft of the provisions proposed.

Art. 140 Mandatory referendum

(1) The following must be put to the vote of thePeople and the Cantons:

  1. amendments to the Federal Constitution;

  2. accession to organisations for collective security or to supranational communities;

  3. emergency federal acts that are not based on a provision of the Constitution and whose term of validity exceeds one year; such federal acts must be put to the vote within one year of being passed by the Federal Assembly.

(2) The following are submitted to a vote of thePeople:

  1. popular initiatives for a complete revision of the Federal Constitution;

  2. popular initiatives for a partial revision of the Federal Constitution in the form of a general proposal that have been rejected by the Federal Assembly;

  3. the question of whether a complete revision of the Federal Constitution should be carried out, in the event that there is disagreement between the two Councils.

Art. 141 Optional referendum

(1) If within 100 days of the officialpublication of the enactment any 50,000 persons eligible to vote or any eightCantons request it, the following shall be submitted to a vote of the People:

  1. federal acts;

  2. emergency federal acts whose term of validity exceeds one year;

  3. federal decrees, provided the Constitution or an act so requires;

  4. international treaties that:

1.      are of unlimited duration and may not be terminated;

2.      provide for accession to an international organisation;

3.      contain important legislative provisions or whose implementation requiresthe enactment of federal legislation.

Title 6: Revision of theFederal Constitution and Transitional Provisions

Chapter 1: Revision

Art. 193 Total Revision

(3) If the People vote for a total revision, newelections shall be held to both Chambers.

FEDERAL ACT ONPOLITICAL RIGHTS

(Adopted 1976; last amended 2009)

http://?www.?admin.?ch/?ch/?e/?rs/?161_?1/?index.?html

Title 2: Votes

Art. 10Organisation

(2) Each canton is responsible forthe conduct of the vote within its own territory and issues the requiredregulations.

Art. 11 Proposalssubmitted to a Vote of the People, Ballot Papers and Explanatory Statements

(1) The Confederation shallprovide the cantons with the proposals to be submitted to a vote of the Peopleand the ballot papers.

(2) Each proposal shall beaccompanied by a short, objective explanation from the Federal Council, whichshall also take account of the opinions of significant minorities. The proposalmust contain the wording of the questions on the ballot paper. In the case ofpopular initiatives and referendums, the initiative committee shall inform theFederal Council of their arguments and the Federal Council shall take sucharguments into account in its explanatory statement...

Art. 15 Validation andPublication of the Result of the Vote

(1) The Federal Council shallascertain the result of the vote (validation) as soon as it is established thatno appeal against the vote has been filed with the Federal Supreme Court, or assoon as a decision has been made on such an appeal.

Title 4: TheReferendum

Chapter 1:Mandatory Referendum

Art. 58 Publication

Enactments that are subject to a mandatoryreferendum shall be published following their adoption by the Federal Assembly.The Federal Council shall order that a popular vote be held.

 

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