The Impact of Direct Democracy on Society - Universität St.Gallen

– 20 –1 IntroductionThis chapter describes the changes in direct democratic institutions that occurred in the 26Swiss cantons between 1997 and 2003. In general, institutions <strong>of</strong> direct democracy areinitiatives and referenda that are usually regulated in constitutional stipulations. This sectioncontains a brief introduction to these instruments <strong>of</strong> direct democracy and a description <strong>of</strong> theso-called index <strong>of</strong> direct democracy that measures the strength <strong>of</strong> these institutions at thecantonal level in Switzerland.On the one hand, initiatives constitute an element <strong>of</strong> active electoral participation in thepolitical decision-making process. <strong>The</strong>y allow the electorate to place a proposal for a law orconstitutional change on the political agenda. Accordingly, we speak <strong>of</strong> a statutory initiativefor altering laws and a constitutional initiative for a constitutional amendment. InSwitzerland, any revision <strong>of</strong> the cantonal constitution must be approved by the electorate, i.e.it directly brings about a popular vote, as stipulated in the national constitution (art. 51, lSwiss Constitution (SC)). In case <strong>of</strong> an initiative that refers to a cantonal law, a popular votemust usually take place if the cantonal parliament makes a counterproposal, and only in somecantons does a popular vote generally follow an initiative (i.e. without a counterproposal).<strong>The</strong> requirement for any type <strong>of</strong> initiative is that a specific number <strong>of</strong> signatures is to becollected from among the electorate, and it is not uncommon for the signature requirement toincrease proportionally to the importance <strong>of</strong> the legislative act to which the initiative pertains(e.g. law, partial revision <strong>of</strong> constitution, total revision <strong>of</strong> constitution).Referenda, on the other hand, constitute a reactive element <strong>of</strong> direct legislation because theycan only take the form <strong>of</strong> a reaction to preceding activities <strong>of</strong> the legislative body. Referendaat the cantonal level are, in general, applicable to laws, decrees, international andintercantonal treaties (concordats), and fiscal issues such as expenditure projects.Accordingly, we speak <strong>of</strong> a so-called statutory referendum for laws, decrees and by-laws(Gesetzesreferendum), an administrative referendum for administrative acts3535 An administrative act is not necessarily a decision made by an administration; the distinction between anadministrative and a legislative act lies in the scope <strong>of</strong> applicability. In Switzerland, nomothetic acts aredefined as acts always referring to the regulation <strong>of</strong> either obligation or rights <strong>of</strong> persons, organization <strong>of</strong> thestate or duties and processes <strong>of</strong> administrations. Furthermore, administrative acts are not directly linked t<strong>of</strong>inancial expenses. <strong>The</strong> wording in the various cantonal constitutions related to legislative and administrativeacts is not consistent between Swiss cantons. Administrative referenda are very difficult to identify as in manycantons administrative acts take the form <strong>of</strong> a legislative act. On the other hand, there is also an almostunmanageable variety <strong>of</strong> legal forms <strong>of</strong> legislative acts (see TRECHSEL and SERDÜLT 1999, pp. 14-15 and p.31).