Switzerland; Switzerland -- Politics and government -- 1815-
The Referendum is a kind of substitute for the veto; it gives no power
to modify, no power to substitute; it is a pure negative. It does not
enable the electors to pass laws at their own will; it is a mere veto
on such legislation as does not approve itself to the electorate. It
is a veto lodged in the hands of a sovereign people. A question is
simplified as much as possible, and every citizen has the fullest
opportunity, from the public platform, or in the columns of the press,
or in private conversation, to advocate or deprecate its adoption;
and the entire enfranchised portion of the community is asked to say
“Aye” or “No,” as to whether the law shall become operative. It is a
reference to the people’s judgment of a distinct, definite, clearly
stated law. Under the Constitution of 1848, only such measures passed
by the Assembly as clearly involved constitutional changes were subject
to the Referendum. The jealousy of the Cantons, lest their own
civil and religious privileges should be invaded, and their fear of
influences, in the central government, adverse to their own sovereign
rights, demanded an unrestricted reference to the popular vote. This
was conceded in the revision of 1874, when the Referendum was extended
to all federal laws and federal decrees, “of a general nature and not
of an urgent character.” The matter now stands thus: no change can be
introduced into the constitution which is not sanctioned by the vote
of the Swiss people. The Federal Assembly, indeed, may of its own
authority pass laws which take effect without any popular vote; but
it is practically true that no enactment, important enough to excite
effective opposition, can ever become a law until it has received the
deliberately expressed sanction of the people. The words “decrees of
a general nature and not of an urgent character” have never received
even a quasi-judicial construction, either from the Federal Council or
from the Federal Assembly, the two organs supervising its execution.
There doubtless has been conflicting and arbitrary action taken under
it. The weight of opinion, as inferred from the line of precedence,
appears to be that resolutions are of a general nature, when they fix
permanent and obligatory rules, either for the citizens or the Cantons,
but not when they apply only to special cases. The whole detail of the
exercise of the Referendum is placed by the constitution, under the
regulation of the Assembly, and in June, 1874, soon after the adoption
of the constitution, a federal law was passed for carrying it out. All
laws and resolutions, on which the popular vote may be demanded, are
to be published immediately after their passage, and copies sent to
the governments of the several Cantons. Through the Cantons they are
brought to the attention of the Communes. The official publication
expressly calls attention to the “date of opposition,” or when the
period for Referendum expires. This period is ninety days, running
Public-domain text, read in full here on John Shaqi.
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