6. Democracy

Question 1

Define democracy

Answer 1

Democracy implies that all state power is based on the will of the people.

The main characteristics of a democratic political system are popular self-determination and the public control over political power.

Main Characteristics:

• Popular self-determination and equality of all citizens: all citizens participate with equal rights in the development of the political and legal system to fulfill public tasks
• Government responsibility: a democratic political system must provide for the public control over political power

Question 2

What are the main characterstics of a democratic political system?

Answer 2

• Popular self-determination and equality of all citizens: citizens participate with equal rights in development of political and legal system
• Governmental responsibility: public control over political power

Question 3

Name and define the 3 types of democracy

Answer 3

1. Direct Democracy:
   - People decide on policy questions directly; all eligible citizens have direct and active participation in the decision-making.
   - In the ideal form of direct democracy, there is no parliament.
2. Representative Democracy:
   - The people’s participation is limited to the election of the government officials representing the people
   - The people in general do not decide on questions of policy
   - The two main forms of representative democracy are presidential and parliamentary democracy
3. Semi-Direct Democracy:
   - A representative democracy with instruments of direct democracy.
   - In general, the parliament with elected representatives and the government officials are the main decision makers.
   - However, the people have some instruments with which to directly influence policy questions, e.g. referenda or initiatives.

Question 4

What are the main differences between parliamentary and presidential democracy?

Answer 4

1) Parliamentary Democracy:
- Closefunctional and personal interconnection between the lehislature and tehe executive
- Parliament forms or supports the government
- Parliament has the right to dismiss the prime minister and the government at any point in time through a constitutionally defined procedure (vote of no confidence); the prime minister can also initiate the dissolution of parliament and thus a new election
- The executive branch is dibided between a prime minister and a head of state whi is a symbol of national identity transcending partisian rivalries
- Party discipline tends to be strong in parliament
2) Presidential Democracy:
- Strict separation of powes between legislature and the executive
- Parliament and the president are elected by the people in separate votes
- The president serves for a specific term and in general cannot be dismissed by parliament; the president cannot dissolve the parliament
- The president serves as both the head of state and head of government and holds most of the executive powers
- Members of parliament quite often bote accoding to their own conscience adn not necesairly according to the party line

Question 5

What are the instruments of a semi-direct democracy?

Answer 5

Question 6

Give examples of democracy in the Swiss system

Answer 6

• Constitutional provisions: Democracy is one of the core principles of the constitution (not directly embodied in the specific provisions but there are democratic institutions and instrument defined in various articles)
• Political rights: The people elect their representatives in the Federal Assembly, the primary decision-making institution together with the Federal Council.
• Right to vote: citizens are able to participate in election ot the national council and in populat votes, sign initiatives or request a referendum
• Right to participate in elections on a federal level
• Initiative on federal level: Citizens may directly influence parliamentary decisions regarding both the constitution and ordinary legislation through federal referendum and initiative.
• As a consequence of the direct influence of the citizens, the Swiss model is also called a consensus-oriented democracy.

Question 7

Describe the step by step process of a popular initiative requesting a partial revision of the constitution.

Answer 7

Question 8

Initiative and international law

Answer 8

• Popular initiatives which conflict with the peremptory norms of international law (ius cogens) –> not valid
• Popular initiatives which do not comply with other norms of international law –> valid
• Problem: In recent years the people and the cantons have accepted popular initiatives for which the consistency with international law is highly questionable.

Question 9

Initiative on Federal Level 1

Answer 9

Question 10

Initiative on Federal Level 2

Answer 10

Question 11

Define citizenship and name the 3 types of citizenship.

Answer 11

Legal status between a person and a state conferring secial rights and duties

Every Swiss person has 3 citizenships (art. 37 p. 1 cst.):

• Swiss
• Cantonal
• Communal

Question 12

What are special rights and duties of a Swiss person?

Answer 12

• political rights (art. 34 cst.)
• live within, enter and leave Switzerland (art. 24 cst.)
• not to be expelled/involuntarily extradicted to a foreign authority (art. 25 p. 1 cst.)
• men to undertake military service (art. 59 p. 1 cst.)
• no predijuce due to his or her cantonal or municipal citizenship (Art. 37 p. 2 cst.)

Question 13

What are the min requirements for neutralisation and what are the applicable provisions in the Federal act on the acquisition and loss of Swiss citizenship?

Answer 13

• Minimum requirements for neutralisation (art. 38 cst.)
• Applicable provisions for neutralisation (art. 1-32 SCA)

Question 14

Define the principle of social justice

Answer 14

The principle of social justice aims at establishing just and equal conditions within a society, particularly between the various social classes.

The principle is outlined in various provisions of the constitution. The constitutional instruments vary in view of their legal character and enforceability before courts.

1. Social Objectives
2. Social Competencies
3. Social Fundamental Rights

Question 15

Explain Social Objectives

Answer 15

• The constitution encompasses certain social objectives which are intended as guidelines for the authorities (in the preamble, in Art. 2 and Art. 41 Cst).
• These social objectives are too vague and therefore not directly enforceable before a court.

(Not directily applicable, they are only the backbone of the parliment)

Question 16

Explain Social Justice

Answer 16

• The Constitution of 1848 did not provide for any federal competencies in social matters. In the following decades, an increasing number of federal competencies were established (e.g. Art. 110-117 Cst).
• Thesefederalcompetenciesarekeycomponentsof the social security system in Switzerland.

Question 17

Explain Social Rights

Answer 17

1. Right to assistance when in need:

Persons in need and unable to provide for themselves have the right to assistance and care, and to the financial means required for a decent standard of living (Art. 12 Cst).

2. Protection of children and young people:

Special protection of their integrity and right to the encouragement of their development (Art. 11 Cst).

3. Right to basic education:

The right to an adequate and free basic school education is guaranteed (Art. 19 Cst).

Question 18

Explain the Swiss Social Security System

Answer 18