Democracy

Question 1

Which three basic forms of democracy exist?

Answer 1

There are three basic forms of democracy: direct democracy, semi-direct
democracy and representative democracy

Question 2

Which form of democracy exists in the Swiss Federation? Elaborate

Answer 2

The Swiss Federation can be characterized as a semi-direct democracy. The
semi-direct character of democracy in Switzerland is evidenced (it is a representative democracy with direct democracy instruments):
(1) in the existence of a parliament, the Federal Assembly, as the primary decision-making institution with representatives elected by the people, and
(2) powerful instruments of direct participation, which allow for the possibility of intervention against almost every decision made by parliament, albeit not all of them. In addition, citizens may directly influence political decisions through federal
referenda and popular initiatives

Question 3

To what extent may the direct influence of the citizens on political decision-making be a risk for international human rights guarantees ratified by Switzerland?
In this context, does Switzerland experience difficulties and if yes, how can Switzerland deal with the issue? Explain your answer without reference to the relevant provisions.

Answer 3

The Federal Assembly declares a popular initiative invalid if it infringes mandatory
international law, called ius cogens. However, a popular initiative does not have to comply with other norms of international law. The Federal Assembly thus may declare the
popular initiative valid even though it violates a provision of international law. As
only very few international provisions are considered as ius cogens, the majority of popular initiatives conflicting with international human rights law will be declared valid and submitted to a popular vote. The Constitution itself thus only protects the ius cogens but not all fundamental rights guaranteed on the international level thus, Switzerland runs the risk of breaching its international obligations under specific treaties, e.g. ECHR. If popular initiatives conflicting with non-mandatory international human rights provisions are accepted in a popular vote, Switzerland has to find a solution for the conflict between international law and constitutional law. Sometimes, it is
possible to interpret the new constitutional law provision in conformity with international
human rights law. However, if this is not possible, Switzerland either has to
accept permanent breaches of its international obligations and the respective consequences or to withdraw from the international treaty

Question 4

Definition Democracy and characteristics

Answer 4

->all state power is based on the will of the people
-Popular self-determination and equality of all citizens
-Governemental responsibility