Check for constitutionality or legality of initiatives
Switzerland
(Adopted1999; last amended 2013)
http://www.admin.ch/ch/e/rs/c101.html
Title 4: The People and the Cantons
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.
(2) This proposal must besubmitted to a vote of the People.
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.
(3) If the initiative fails to comply with therequirements of consistency of form, and of subject matter, or if it infringesmandatory provisions of international law, the Federal Assembly shall declareit to be invalid in whole or in part.
FEDERAL ACT ONPOLITICAL RIGHTS
(Adopted 1976; last amended 2009)
http://www.admin.ch/ch/e/rs/161_1/index.html
Title 5. The Popular Initiative
Art. 75 Examination of validity
(1) If the text of a popular initiativefails to comply with the principles of cohesion of subject matter (Art. 139para. 3 and Art. 194 para. 2 Federal Constitution) or consistency of form (Art.139 para. 3 and Art. 194 para. 3 Federal Constitution), or if the popularinitiative violates mandatory provisions of international law (Art. 139 para.3, Art. 193 para. 4 and Art. 194 para. 2 Federal Constitution), the FederalAssembly shall declare the initiative to be invalid as a whole or in part, to theextent that this is required.
(2) There is cohesion of subject matter ina popular initiative when there is an intrinsic connection between theindividual parts of the initiative.
(3) There is consistency of form ina popular initiative when the initiative is couched exclusively in the form ofa general proposal or of a specific draft provision.
FEDERAL ACT ONPARLIAMENT
(Adopted 2002; last amended 2011)
http://www.admin.ch/ch/e/rs/c171_10.html
Title 5. Procedure in the Federal Assembly
Chapter 3. Procedure for Popular Initiatives
Section 2: Popular Initiative for the Partial Revision of theFederal Constitution
a. General Provisions
Art. 98 Validity of popular initiatives
(1) The Federal Assembly shall declare a popular initiativewholly or partly invalid if it holds that the requirements of Article 139 paragraph 3 of theFederal Constitution have not been fulfilled.
