Legal provisions for direct democracy at the regional level
Switzerland
- Mandatory referendum
- Optional referendum
- Citizens' initiative
- Agenda initiative
- Recall
FEDERAL CONSTITUTION OF THE SWISS CONFEDERATION (Adopted1999; last amended 2013)
Art. 53 Number and territory of the Cantons
(1) The Confederation shall protect the existence and territory of the Cantons.
(2) Any change in the number of Cantons requires the consent of the citizens and the Cantons concerned together with the consent of the People and the Cantons.
(3) Any change in territory between Cantons requires the consent both of the Cantons concerned and of their citizens as well as the approval of the Federal Assembly in the form of a Federal Decree.
(4) Inter-cantonal boundary adjustments may be made by agreement between the Cantons concerned.
CONSTITUTION OF THE CANTON OF BERN (Adopted 1993; last amended 2009)
Articles 4.2, 4.3, 58, 59, 61, 62
European Commission for Democracy Through Law (Venice Commission), “Referendums in Europe – An Analysis of the Legal Rules in European States,” 2005.
“Historically, the introduction of [initiative and referendum] shows three main trends:
1) The rights of direct democracy are introduced gradually over time. First to be established is the right of veto; then the statutory constitutional referendum; then the legislative referendum; and finally the right of initiative.
2) Citizens’ rights are introduced first at lower levels, and move upwards. They were introduced first in the member states (cantons), and introduced later at the federal level.
3) Rights are normally established by a broad coalition of differing interests.” (p. 118-119)
Regional and Local Level: “Referendums are usually launched by existing organizations or parties—reflecting, as in any democracy, the existing relationships of power in society. This applies somewhat less in the case of the citizens’ initiative, which can be launched even by relatively small groups. In such cases, the initiative, which can take several years from its inception to the eventual referendum, often leads to the formation of new political affiliations, which are then more capable of launching referendums in the future. In fact, the term ‘capable of launching referendums’ (referendumsf?hing) has in Switzerland become a synonym for ‘to be taken seriously politically.’”(p. 121)
Paul Ruppen et al, “Switzerland,” in Bruno Kaufmann and M. Dane Waters, eds.: Direct Democracy in Europe. Durham: Carolina Academic Press, 2004.
“194. As with national referendums, the role of the authorities in triggering the referendum process also varies in respect of local and regional referendums. […] In the event of a request from part of the electorate, local or regional authorities in some states can rule on its compliance with higher-ranking legislation (Poland, Switzerland); otherwise, they essentially have the task of organizing the ballot…” (p. 31-32)
“196. […] In Switzerland, a wide range of acts are submitted to referendum: except for referendums on cantonal constitutions, which are mandatory under the federal constitution, these acts – at both cantonal and local level – are specified by cantonal law; at cantonal level, for instance, there is usually provision for referendums on laws and on certain items of expenditure (financial referendums)…” (p. 32)
