The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-09-16
The Referendum In switsertasd.

rnn.muoh a. the sxpcdiency OF adopting the
referendum both In the appellate and In the
initiative form 10 urged by q strong party In
Belgium, and finds not a few advocates In
England also, a detailed description OF the
Institution a. II e1su and works In the Swiss
Confederation aud IN the ~oantons. or COM
ponent parts thereof. is a timely and useful
contribution 10 current political discussion.
We are indebted to Mr.. c. p. TREvBLrAS for an
English translation Of the most exhaustive
work upon the subject, The Referendum IN
Switzerland. by SIMoS DEPLoIoB tLonEmans.
Green a co.,. The author Of this book re-
count. the historical origin OF tho referendum.
explains It's mechanism and sets forth Its re-
suits. We purpose here TO show what the
Swiss referendum IL a. regards is application
both 10 Federal and to cantonal mstter~. an q
then 10 indicate the conclusions at which the
author arrives with re'erenoe 10 is results.
Ths Constitution OF Switzerland. which WA
established in ls4s. gave the people the right
OF demanding q revision OF ths Federal organic
law. In the discussions which took place In
the Diet. it was understood that this right would
include partial as well a. total revision. Sub
seouent demands. however, for a partial re-
vision we're laid aside by the Federal authorities,
who. ba,ing their decisions on the letter Of the
OOnsllllbOus " VI aioN d'iiohNh " "
Vision should only take q general and indie
terminate form. Thus whsn In 1880 moro than
5000 ~eleotor, demanded that Article 80 OF tho
Federal Consh tuition should DO replaced by q
new article, the electors had 10 resi- On them
selves 10 seeing their demand for q partial re-
vision taken as q demand for a general revision
ara submitted to the people In this form. The
reasons sfve- for taking this step we're severely
criticized at the time. and 10 Is clearly illogical
that II the people could demand q revision Of
the whols Federal organic law. they should be
oonsttltionally incapable OF demanding the
revision Of q part thereof without imperflins
the whole Constitution IN order to insert q
single clause.
With a view Of freeing the people from tds
troublesome restriction. some Of the Deputies
Of the Right demanded that the power OF the
people to claim the revision OF specified articles
Of the Constitution should be formally recos-
nised. The Federal Council. or Cabinet
was ordered TO consider and report on the pro
posals and declared Itself favorable TO the amend
ment. The debates on the proposal commenced
In the Federal Assembly or Swiss Congress
In September. 1900. and we're brought TO a close
in April. 1891. All the interest Of the debates
centred around the form In which the popular
initiative should be exercised. The Federal
iOunCu presented tho iOlIOWlnE bCnefnes lho
repeal or modification Of particular articles Of
the Federal Constitution as well a. the inssr-
ton Of new constitutional clauses may be do
manded through the medium Of popular initia-
tive. A soon as 80, 900 S wiss citizens having the
right 20 vote shall present a demand Of this kind
the question whether such a revision shall
take place shall be put TO tho electors and tho
answer shall depend upon the majority Of the
citizens taking part In The vote. Should the
answer be In the Affirmative the Federal As
sembly shall proceed with the revision"
To some Of the Deputies the defect Of this
proposal was that u left the hands Of the Cham
beers too free. As long as the power Of giving
effect TO the demand was vested In the Chambers
the door was always left open to them 10 tamper
- Asy liked with ths sxprssGaoa Of tAsipepalAr