IRE201:CULTURE, SOCIETY AND POLITICS IN THE GERMAN-SPEAKING COUNTRIES Fall 2019 Session 9: Switzerland II Maya Hadar, PhD § Federalism and Confederalism § The Swiss Political System § Power Sharing § The Multicultural State § Proportional Representation On the Agenda for Today2 Democracy 1.0 § “Government by the people”: the people are sovereign § Rousseau => laws have authority because they are social contracts between free and equal citizens § Was against the transfer of sovereignty to the state, ruler or representatives § Ancient Democracy § Social contracts are put together by a popular assembly Democracy 2.0 § Modern Democracy; two channels: § Representatives => Parliament: permanent decision making forum § Direct-democratic § Direct Democracy: Basic notions § The most important decisions of the parliament are subject to the people‘s vote (referendum) § The people has the right to propose its own ideas for basic legislation and to vote on them (popular initiative) § Power sharing Federalism § Federalism gives the Cantons political autonomy § Allowed rural areas, different religious and language groups to govern themselves and to influence federal decision-making § Requirement of majority of Cantons for constitutional amendments protects small rural (mostly Catholic) Cantons § However, federalism only protects minorities representing a political majority in a subnational unit 5 SHARED RULE SELF RULE SELF RULE SELF RULE SELF RULE § 1787 => The US adopted a federal constitution, often regarded as the first modern federation § Switzerland transformed its confederation (which was founded in 1291) into a federation in 1848 § 1867 => Canada became the third modern federation § 1871 => the North German Federation of 1867 was expanded to include South German States § During the 19th century some Latin American republics adopted federal structures (Venezuela, Mexico, Brazil, Argentina) but these proved unstable Federalism Federation vs. Confederation Federation Confederation A union of countries, states or provinces - States or provinces that join a federation, agree to give up part of their powers and to answer to the central government, which has the power to enforce laws and regulations - States come together creating a loose (often temporary) union for matters of political, economic or administrative convenience. Can (almost) freely leave the union when they decide to do so - Members of a federation are bound to respect the authority of the central government and maintain limited powers - Within a confederation, member states maintain a large degree of autonomy and independence, often appoint a weak central authority The Swiss Political System § Multiparty System, minority representation § Proportional representation § Federalism and decentralisation § Written constitution § Direct democracy: a system of initiative and referendum => a modern form of the popular assembly, suitable for large number of people and decisions Referendum is Latin for ‘referral’ or ‘referring’ of a certain matter to the public for their vote Political System Federal Government Conceptual work and legislation Supervision of implementation Cantons (26) Implementation of federal regulations Municipalities (< 3000) Implementation of federal and cantonal regulations 9 Political System § The Legislative (Bicameral parliament) § The Executive (Federal Council, a collegial government) Federal Assembly 246 Members Council of States 46 Members National Council 200 Members 10 Political System § National Council => 200 deputies are elected according to a standardized procedure, each canton representing an electoral district. The largest cantons have many deputies (ZH with 34 and BE with 26), whereas the smallest cantons have only one § Council of States => Over time, there have been changes to how the 46 deputies are elected. Gradually been taken from the cantonal legislatures and given to the people § Popular election: they are not “real” cantonal representatives § Need for greater cantonal representation => 1993: Conference of Cantonal Governments 11 § The Federal Council, the executive => a collegial government of 7 members § Derives from the French First Republic, more precisely the “Constitution de l’An III” HEAD OF STATE PRIME MINISTER GOVERNMENT HEAD OF THE ADMINISTRATION Political System12 § Zauberformel, formule magique § Arithmetic formula for dividing the seven executive seats of the council between the four ruling parties § Its collegial nature allows minorities to be represented in the highest bodies of the Swiss polity Political System § Cantons are not directly represented in the Federal Council § ‘The Council represents the geographical and linguistic diversity of the country’ § 1959 => the Federal Assembly opted for a political composition, known as the “magic formula” 13 The Political System § Direct Democracy § The system of initiative and referendum is a modern form of popular assembly, suitable for a large number of people and decisions § Laws are created in four steps: 1. Draft by the administration 2. Consultation of federal states, political parties, entrepreneurs, unions, other interested groups 3. Parliamentary debate and final version passed 4. Possibility of a referendum 14 Direct Democracy Four ballots a year on national issues pensions pollution taxes Referendums § Referendums have the effect of safeguarding the political process by blocking/delaying amendments adopted by parliament § A referendum is only called if enough signatures are collected, unless the legislation 16 involves an amendment to the constitution initiated by the government, or a proposal for Switzerland to sign a major international agreement Referendums17 18 Referendums § Constitutional amendments + international treaties => Mandatory referendum § Require a double majority: National popular vote at the polls + win most of the cantons § Amendments to legislation => Optional referendum (the proposition of parliament has to be accepted by the majority of the people) if a vote is demanded by 50k people § Referendum as pressure for compromise: Accommodation necessary with all groups strong enough to organise referendum 1992: Joining the European Economic Area19 1994: Toll Motorway20 Popular Initiatives § With their signatures, 100,000 people can hand in a proposition to amend the constitution § The Federal Council + parliament advice whether to refuse/accept the proposition § The proposition has to be accepted by the majority of the people and the Cantons to become valid § 1874-2006: 214 popular initiatives, 161 voted upon, 15 accepted, 146 rejected Initiatives § Federal popular initiative (Eidgenössische Volksinitiative, Initiative populaire fédérale) is an instrument of direct democracy in Switzerland § Allows citizens to propose changes to the Swiss Federal Constitution § Must be launched by a group of at least seven citizens § Require a double majority § 1893 => First initiative under the current system was accepted 22 Initiatives23 § Popular initiatives are often the most controversial, headline-making referendums § Recent initiatives: § A proposal to introduce a universal basic monthly income of around $2,000 per person (rejected) § Cutting military spending (rejected) § Limiting the foreign population to 18% (rejected) § Banning the production and sale of absinthe (accepted) § Most are rejected, BUT § The concerns they address give rise to broad debate § Sometimes are translated into new legislation § Initiatives ‘open’ the political system => Any political group may influence the political agenda Initiatives24 Referendums & Innitiatives § Citizens are cautious: § Popular initiatives: 10% adopted § Rejective referendums: 50% of laws adopted § Obligatory referendums: 73% of constitutional change/treaty adopted § 2-4 national voting days/year § Postal voting § Political radio/tv advertising banned Power Sharing § Bicameral parliament called the Federal Assembly, composed of: § The Council of States/upper chamber (46 seats, 2 seats per canton, except for six cantons which only have 1) § The National Council/lower chamber (200 seats, split between the cantons based on population) § This power-sharing system is aimed to prevent monopolization of federal politics by more populated cantons 27 Power Sharing & Cleavages Power sharing element accommodates cleavage of: Multi-cultural State Federalism Referendum Proportional electoral system Proportional representation Religion X X (X) (X) X Language X X X (X) X Rural/urban X X X Class conflict X X X Gender X X The Multicultural State § 1848 => The Swiss Constitution states that Switzerland consists of “the peoples of the cantons”: § The Swiss people are NOT defined by a common language, ethnicity, history or religion, but by formal citizenship § A political, rather than a cultural nation => The State is neutral with regard to religion, language, and other cultural characteristics § Minorities are protected through human rights Federalism & Multiculturalism § Federalism allows the Cantons to be politically autonomous § Self governing of: § Rural areas § Different religious and language groups + influence federal decision-making § In order to amend the constitution => A majority of Cantons is needed: protects small rural (mostly Catholic) Cantons + inclusion § However, federalism only protects minorities representing a political majority in a sub-national unit Multidimensional Proportional Representation § Minorities (language, culture, religious) are NOT left out, but integrated by ways of participation and representation in the government § Language, political party, region of origin & gender are relevant for: § Federal Council § Supreme Court § Parliamentary Committees § Federal Committees of Experts § Similar practice in society (e.g., national sports associations) Proportional Rule for Elections § 19th century => Liberal majority secured by electoral system based on majority rule § 1918 => General strike organized by the Socialist Party provokes intervention of the army, some workers are shot § 1919 => Elections based on proportional rule are introduced 1918: The Army takes control of Zurich Effects of the Proportional Rule Seats in the National Council 1908 - 1939 Catholics Liberals Socialists Farmers Positive Effects of Direct Democracy § More debate, (assumed) more knowledgeable citizens § Higher social capital, less tax evasion § People have the last say in many important (not all) issues § A way to restrain the political elites § Evidence that people are capable to participate in questions of “high” politics Challenging Direct Democracy § Theory of motivation => Individuals are primarily motivated by self interest; society is a jungle dominated by the strong (social Darwinism) § Distrust in other people § People will use DD to crush minorities, to make irresponsible decisions which are bad for the general interest § This “jungle” view of is not stricly substantiated by evidence § Blood donations, tax evasions, minority rights Challenging Direct Democracy “Citizens aren’t capable” § How can “stupid”/uninformed citizens make smart decisions? § Rising education; modern work life requires much skills “Citizens are selfish – abolish taxes but raise expenditures” § DD lead to higher state expenditure before WW II and lower state expenditure after WW II § Tax raises are sometimes approved, sometimes blocked Challenging Direct Democracy “Special interests win because of money and publicity” § Ban on political TV/radio ads “Minority rights will be threatened” § Polls: minorities support DD § Little evidence for destruction of minority rights through DD Why does it work in Swizerland? § Switzerland is virtually the only country in the world where the people have such extensive decision-making powers § Longstanding democratic tradition § Comparatively small size of the population and country § High literacy rate Institutional Competition § Swiss federalism allows small groups to remain sovereign, resulting in extreme diversity § This diversity has led to an exceptional level of institutional competition between Cantons § Institutional competition produces diversity, not uniformity Concluding Remarks § In the ideal vision of the democratic state, elected representatives make collective decisions which reflect the general will, and it is the duty of citizens to follow the law of the land § In reality, collective decisions may be a result of lobbying, logrolling and politics (exchanging political favors): If the government thus breaks the social contract, it cannot expect the public to maintain their side of the bargain § The Swiss consider that their social contract with the public authorities intact and legitimate + maintain the system (voted to not enter the EU) Next Session... § Contemporary Development § Comparative Analysis 40 41 Thank You For Your Attention! Questions???