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

– 24 –2 Constitutional Changes between 1997 and 2003<strong>The</strong> time span between 1997 and 2003 appears to have been a period favoring the adoption <strong>of</strong>new constitutions. Table 2.1 displays a list <strong>of</strong> all 26 cantons and their constitutional changesthat affect those direct democratic institutions on which the index <strong>of</strong> direct democracy isbased (state: 18th <strong>of</strong> August, 2004). <strong>The</strong> cantons FR, SH, SG, GR, TI, VD, and NE – aboutone fourth <strong>of</strong> all Swiss cantons – all passed new, totally revised constitutions between 1997and 2004 (the canton <strong>of</strong> LU is also currently drafting a new constitution, which should bevoted upon in 2007 45 ). <strong>The</strong> reason for this 'clustering' could lie both in a "Year 2000" effectcombined with a "200-years jubilee" effect <strong>of</strong> membership in the Swiss federation, whichemerged from a confederation <strong>of</strong> single independent states. However, not all <strong>of</strong> these newconstitutions necessarily brought about alterations in the existing direct democraticinstitutions: some <strong>of</strong> the new constitutions aimed primarily at rewriting the outdatednineteenth-century wording and giving it a more modern structure without altering its legalcontent. <strong>The</strong> rest <strong>of</strong> this section is devoted to an assessment <strong>of</strong> the amendments in theconstitutional stipulations.With respect to the mandatory and optional statutory referendum, there is a weakening <strong>of</strong> thedirect democratic institution through a shift <strong>of</strong> the political power from the electorate towardthe cantonal parliament. Quite <strong>of</strong>ten, the application <strong>of</strong> the mandatory statutory referendumhas been restricted by the inclusion <strong>of</strong> a majority requirement <strong>of</strong> the cantonal parliament in theconstitution (SO, BL, SH, AG) or by restriction <strong>of</strong> the issues to be regulated through legalstipulation (GL) 46. Alternatively, the mandatory statutory referendum has been completelyabolished and replaced by an optional statutory referendum, as happened in four cantons (ZH,OW, AR, GR (2004)). In general, such changes lead to a decline in the index <strong>of</strong> directdemocracy in these cantons.45See www.neueverfassung.lu.ch (7/10/2004) and personal communication with Mr. ZEMP (20/04/2005).46 In case the majority restriction serves only as a means for disciplining the cantonal parliament, the introduction<strong>of</strong> such a majority restriction has to be regarded as equivalent to a de facto elimination <strong>of</strong> the mandatoryreferendum. Only observation <strong>of</strong> the daily political usage over a longer period <strong>of</strong> time can provide a basis fora correct evaluation <strong>of</strong> this institution.