Direct Legislation by the Citizenship through the Initiative and ReferendumSullivan, J. W. (James William)
General
Direct Legislation by the Citizenship through the Initiative and Referendum
Sullivan, J. W. (James William)
Referendum
The executive council may employ experts for special tasks, it has the
right to introduce bills in the Federal Assembly, and each councilor has
a "consultative voice" in both houses. In practice, the council is
simply an executive commission expressing the will of the assembly, the
latter having even ordered the revision of regulations drawn up by the
council for its employes at Berne. The acts of the assembly being liable
to the Referendum, connection with the will of the people is
established. Thus popular sovereignty finally, and quite directly,
controls.
While both legislators and executives are elected for short terms, it is
customary for the same men to serve in public capacities a long time.
Though the people may recall their servants at brief intervals, they
almost invariably ask them to continue in service. Employes keep their
places at their will during good behavior. This custom extends to the
higher offices filled by appointment. One minister to Paris held the
position for twenty-three years; one to Rome, for sixteen. Once elected
to the federal executive council, a public man may regard his office as
a permanency. Of the council of 1889, one member had served since 1863,
another since 1866. Up to 1879 no seat in the council had ever become
vacant excepting through death or resignation.
_Features of the Judiciary._
Civil and criminal courts are separate. The justice of the peace sits in
a case first as arbitrator, and not until he fails in that capacity does
he assume the chair of magistrate. His decision is final in cases
involving sums up to a certain amount, varying in different localities.
Two other grades of court are maintained in the canton, one sitting for
a judicial subdivision called a district, and a higher court for the
whole canton. Members of the district tribunal, consisting of five or
seven members, are commonly elected by the people, their terms varying,
with eight years as the longest. The judges of the cantonal courts as a
rule are chosen by the Grand Council; their number seven to thirteen;
their terms one to eight years. The cantonal court is the court of last
resort. The Federal Tribunal, which consists of nine judges and nine
alternates, elected for six years, tries cases between canton and canton
or individual and canton. For this bench practically all Swiss citizens
are eligible. The entire judicial system seems designed for the speedy
trial of cases and the discouragement of litigation.
No court in Switzerland, not even the Federal Tribunal, can reverse the
decisions of the Federal Assembly (congress). This can be done only by
the people.
The election by the Assembly of the Federal Tribunal--as well as of the
federal executive--has met with strong opposition. Before long both
bodies may be elected by popular vote.
Public-domain text, read in full here on John Shaqi.
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