Switzerland; Switzerland -- Politics and government -- 1815-
During the Middle Ages these assemblies died out, and the right of
making laws passed either to the sovereign or to a representative
body; the older method surviving only in some of the Swiss Cantons.
In Uri, in the half-Cantons composing Unterwalden and Appenzell,
and in Glarus, the law-making body is the Landsgemeinde, the free
assembly of all the qualified voters, the _folk-moot_. The whole people
come together to pass laws, to nominate magistrates, to administer
affairs, just as was formerly the case with the Germans of Tacitus
and the Achaians of Homer; with less pretensions, however, than the
assembly of a Greek city, for it is rather an agricultural democracy,
such as Aristotle commended. It is the direct government dreamed of
by Rousseau, who in his dislike of representative systems wrote the
“Contrat Social,” demanding that the entire community should meet
periodically to exercise its sovereignty. Rousseau suggests that he
was led to the opinions advanced in this work, by the example of the
ancient tribal democracies; yet at a later date he declared that he
had the constitution of Geneva before his mind; and he cannot but have
known that the exact method of government which he proposed still lived
in the oldest Cantons of Switzerland; where by the raising of hands
offices and dignities were distributed, and sanction given to the laws;
where feudalism and royalty had never penetrated, and where the most
perfect liberty reigned, without class struggles or social strife. The
assemblies in the Cantons named are called Landsgemeinden,--that is,
“National Communes.” It is a strictly precise term, implying that the
whole country forms, so to say, a single Commune. This was the case
originally. Later, as different villages were formed, they constituted
separate autonomic Communes; but the great Commune of the Canton, with
the General Assembly of all the inhabitants, the Landsgemeinde, was
maintained. Under the Helvetic republic of 1798 the Landsgemeinde was
abolished, in order to make way for the representative system. It was,
however, re-established under Napoleon’s act of mediation, promulgated
in 1803. The sagacity with which the First Consul discriminated the
most important features in the condition of the Swiss Cantons, may be
appreciated by the following extract from the speech he delivered on
the formation of the internal constitution of the Confederacy: “The
re-establishment of the ancient order of things in the democratic
Cantons,” said he, “is the best course which can be adopted, both
for you and me. They are the states whose peculiar form of government
renders them so interesting in the eyes of all Europe; but for this
pure democracy you would exhibit nothing which is not to be found
elsewhere. Beware of extinguishing so remarkable a distinction. I
know well that this democratic system of administration has many
inconveniences; but it is established, it has subsisted for centuries,
Public-domain text, read in full here on John Shaqi.
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