The participation of the Citizens in the Legislative Process in Switzerland

Abstract

Switzerland is a country which practices original democracy, as
per the scope of federalism on the one hand, so to the meaning of the
referendum on the other1
. The Swiss Federation is made up of the
cantons and the citizens2
. The direct participation of the cantons and the
citizens in affairs which are in the competences of the Federation is
accomplished through two key institutions: the Federal Assembly and
the referendum.
The Federal Assembly is the supreme legislator at the federal
level and the highest authority in Switzerland. The Swiss bicameral
system was created after the model of the United States. What
distinguishes this model from the model of the United States and its
differentia specifica is the equal powers at the disposal of both houses of
Federal Assembly. Thus, in the exercise of the legislative function, i.e.
the adoption of federal laws, both houses are completely equal.laws shall
be deemed adopted only if they are adopted in both houses.
Following the American experience on one side and remaining
consistent to its own tradition of practicing direct democracy on the other
side, Switzerland creates a model of legislative procedure which today
represents a successful cocktail of simple parliamentary procedure and
possibility for direct participation of the citizens in the legislative
process. Thus, Kelzen’s postulate that “the creation of state will is not a
function only of the state personality, but it should be marked as a social
process which includes all factors that participate in the legislation”3
, is
deemed that relates best to the Swiss model of legislative procedure. It
will not be a mistake to say that this model enables the highest
possibility for direct participation of the citizens in the legislative
process.
Today, the Federal Assembly as the highest legislative authority
in the Swiss Confederation and the citizens and the cantons, through the
facultative legislative referendum, represent equal partners in the
initiation, forming and the passing of the federal laws.