PLS: DSC 251 - World Constitutions

The Swiss Constitution is unique because it blends federalism, republicanism, and direct democracy into a stable political system.

Key Characteristics

• Written and Rigid: It is a written document that requires a special procedure for amendments, involving both the people and the Cantons.
• Republicanism: Switzerland is a republic where there is no hereditary monarch; all authorities are elected.
• Federalism: Power is shared between the Confederation (Central) and the Cantons (States). The Cantons possess all powers not specifically granted to the federal government.
• Permanent Neutrality: Switzerland maintains a policy of not participating in armed conflicts between other states, which is recognized internationally.
• Plural Executive: Unlike the UK or US, executive power is shared equally among seven members.

Switzerland is often called the "home of direct democracy" because citizens play a direct role in decision-making through specific instruments.

Instruments of Direct Democracy

• Referendum: Citizens can vote on laws passed by the legislature. It can be mandatory (for constitutional changes) or optional (demanded by 50,000 citizens for regular laws).
• Initiative: This allows 100,000 citizens to propose a specific amendment to the Federal Constitution.
• Landsgemeinde: In some smaller Cantons, citizens meet in an open-air assembly to vote on local laws and elect officials by a show of hands.

The Federal Council is the executive head of Switzerland, but it functions very differently from the British Cabinet or the US President.

Composition and Nature

• Plural Body: It consists of seven members elected by the Federal Assembly.
• Equality: All members are equal. There is no "Prime Minister" with superior powers.
• President of the Confederation: One of the seven is chosen to act as President for one year only. The role is largely ceremonial and rotates annually.
• Stability: It is a non-partisan body where members are chosen from major political parties to work together (collegiality).

The Federal Assembly is the bicameral legislature of Switzerland.

The Two Houses

• National Council (Lower House): Represents the Swiss people. It consists of 200 members elected based on the population of each Canton.
• Council of States (Upper House): Represents the Cantons. Each full Canton sends 2 members, and each half-Canton sends 1, totaling 46 members.

Powers

The two houses have equal powers. A law must be approved by both houses to pass. They jointly elect the Federal Council and federal judges.