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

– 44 –4.2 Comments on the Changes in the Mandatory Statutory ReferendumBetween 1997 and 2003, a considerable constitutional change regarding the mandatorystatutory referendum could be observed in Zürich: the mandatory statutory referendum wasabolished and a optional statutory referendum was introduced instead. This change becameeffective on the 1st <strong>of</strong> January, 1999. To evaluate how this change affects the index for thestatutory referendum, the interplay with the optional statutory referendum must be taken intoconsideration (see section 4.3), which caused a drop in the subindex <strong>of</strong> the statutoryreferendum (from 6 to 3.33). On the other hand, in 1999, an additional extraordinarymandatory referendum was introduced for laws and decrees (art. 30 bis, 1 and 3 CC).In canton Bern, a restriction with respect to extraordinary mandatory referendum wasintroduced in September 2002. Before this change any law could be subject to such anextraordinary referendum if 120 members (out <strong>of</strong> 200) <strong>of</strong> the Grosser Rat so decided (see T/S1999, p. 177). Now, however, it is stipulated that 100 members (out <strong>of</strong> 160, art. 72 CC) canput a law or decree on the ballot if it is subject to an optional referendum anyway according toart. 62. CC, to which all laws, international treaties, and most decrees are subject. Exceptedare specific expenditure projects that are below the threshold for an optional fiscalreferendum. This change, however, did not affect the index <strong>of</strong> direct democracy because theextraordinary mandatory statutory referendum does not form part <strong>of</strong> it.In the canton <strong>of</strong> Obwalden, the abolishment <strong>of</strong> the Landsgemeinde in 1998 led to a dramaticchange regarding the mandatory statutory referendum. Traditionally, before the popular voteon the 29th <strong>of</strong> November, 1998, the assembly <strong>of</strong> the cantonal electorate voted on all laws atthe ballot box (art. 65 old CC) and by open ballot in case <strong>of</strong> optional statutory referenda ondecrees <strong>of</strong> the Kantonsrat (art. 61 old CC). In the new partial revision <strong>of</strong> the constitution <strong>of</strong>1998, this mandatory statutory referendum was eliminated and replaced by an optionalstatutory referendum for laws (art. 59, 1 CC), and the old optional referendum on decrees wascompletely abolished 58 . According to the revised constitution, a statutory initiative must bevoted upon if the Kantonsrat does not agree or if it makes a counterproposal (art. 58 lit. cCC). According to art. 59, 2 lit. a, an extraordinary mandatory statutory referendum can beheld if a third <strong>of</strong> the members <strong>of</strong> the Kantonsrat agree. This development led to a decline <strong>of</strong>the subindex <strong>of</strong> the statutory referendum in Obwalden from 6 in 1998 to 4.33 in 1999.58 Personal communication with Mr. DILLIER <strong>of</strong> the Rechtsdienst <strong>of</strong> Obwalden (24/08/2004).