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

that the people shall reject the project put for
ward by the 5000 electors. In the two Inst
| casss, tho counter proposal. or the motion
for rejection. Il submitted to the people NJ tho
same time ~ the popular proposal.
Whatever form the revision takes. or what
ever It's aim may he. whether II he undertaken
by the Federal Assembly of It's own accord.
or 5000 citizens make Use Of their right II
initiative. whether II he a question OF a funda-
| mental change In the Constitution or OF sp
| modification Of n single article. there must
always he n final popular vote on tho new Con-
, stltution or on the new article In other words.
in constitutional matters the referendum 10
obligatory. Moreover the revised Constiti-
ton or tho revised article cannot come into
force unless they have received n double
| majority. In the first place. half the electors
| plus one who take part In the vote mus havs
! voted yes and, In the second place. IN half
| the cantons plus one the majority who vote
must have voted yes The revision falls 10
| the ground II IL docs not obtain this double
! majority. In a unified republic II would be
sufl Client II the majority Of the people should
sanction a revision Of the Constitution. In
a Federal republic like switzerland. wherein
national and ~cantonal sovereignties coeIist.
a modification OF the f~undamenta law Is not
| possible without the assent Of both the people
and the %cantons. As a matter OF fact, onlv
one constitutional amendment has ever failed
TO get a majority In the majority OF the can
tons when It had obtained a numerical majority
in the country. This was an amendment oon-
corning weights and measures brought for
ward In 1872.
Now let Va see what the rights Of the SwiSs
people are In their several oantons OF States
with reference TO tho amendment OF their
o%antonnl constitutions. Those right are laid
down IN Article 0 Of the Federal Constitution
OF 1874. According TO the principle pro
pounded in this article. the electors Of a canton
have in matters relating to their cantonh
constitution. frst, the right Of initiative. and.
secondly. tho right OF approval. II we leave
out OF account the cantons with Iandsge-
meinden Legislative assemblies in which every
citizen takes part, corresponding TO New
England town meetinGs). We find that a min
imum number Of signatures IL fixed by the
constitution OF each canton. and that those
who desire 70 take the initiative In bringing
about n revision must collect at least that
number before their demand can obtain Off
oial recognition. The number IL hIed NJ
1000 in Basic city. Schnf hansen and PUG. AZ
1870 in Rural Basic. az 7.ooo In Schvyn, al 81
IN Thurgau. at 5000 In Neuchhtel and In Solo
thutn, at 5000 IN the canton. OF haraau. tie
Grisons. Luceme and Zurich. at COCO In Fri
DourR, NnuO ana NalHp, bt I'uOO III llClnO, "
700 In ST. Gall. and since 1903. at 1900 IN
Berre.
A revision NAV now be undertaken at any
time, either on the initiative OF the people or
on that Of the ~cantonal legislative assembly.
except in Ticino. where the legislature has
no initiative In partial revision. In Geneva
the question Of a total revision Of the ~cantonAl
constitution must be laid before the electorate
every fifteen years. In all the c~antons, partial
and total revisions are expressly distinguished.
and the electors have the right 20 demand
either the one or tho other. Certain cantons
now recognise the right OF the electors to mi
tiate a partial revision by a bill complete In
all It's details Nm all the oantons except Basls
City. when the requisite lumber Of electors
demand a total revision OF the ~oantonal con-
s~titution. the people are first OF all consulted
on the question whether such a revision shall
take place OF not. This Il not always the case
when a partial revision Ia demanded, and never
II the demand Ia made by a formulated bill.
Theinhnbitants Of the canton decide at the sans
time whether the revision shall be undertaken
by the ordinary legislative body or by q con-
stitucnt assembly in Basic City, Berne. 81.
Gail. Ncuchatel. Schafhausen. 1fcino. ThurRsu.
vaud and valais; and in the Grisons. whether
the Great Council shall be dissolved and another
be elected TO carry out the revision, In all
oantons but one It IL the majority OF the electors
actually voting who decide in tho preliminary
referendum. Luoerne II the exception. Here
a revision cannot be proceeded with unless
a majority OF the registered electors give their
assent. In seven cantons the revision In always
undertaken by q constituent assembly; In these.
consequently. only the question OF revision
or no revision Ia put TO the sleotor. In zus
the revision Is undertaken by tho existing
Cantonal Council. while In Zurich the Great
n-,-zIt d. 4ts.a1-c - . rnaftar ~ NSf.-~ sHA
4, renewed TO work at tbs revision. The re-
vised ~oantonal constitution or constitutional
amendment. when framed. II always submitted
70 the people In every canton and docs not
come into force unless the majority Of the
electors voting decide TO acoept IL
Not only constitutional amendments bud
Federal laws and DEGREES, provided the Att-
are OF general import and are not Urgent may be
subjected 20 a referendum In Switzerland. Both
laws and decrees must be submitted 70 the
people for their sanction II . demand for .
referendum be received within three months
from $1,000 active citizens OF any light oantons,
Since the Federal Constitution OF is7&. howevsr.
cameinto force. however. the cantons have
made use OF their rights. It is the privilege oon-
coded to 30. 900 electors which has bean eIer-
cised. We should note IN conclusion certain
differences between the referendum on . re-
vision OF the Federal Constitution and one which
Ia merely concerned with ordinary Federal laws
or Federal DEGREES. First . constitutional
referendum Ia compulsory; that 10 10 say. the
vote Is enJoined by the Constitution. and taks
place as q regular part OF the procedure. no
popular demand being necessary. On the other
hand. the legislative referendum IL OPTIONAL
the right Of demanding II Ia vested in any 5000
~eelctors. or any eight ~cantons, and the popular
voting only takes place II the demand b made
In accordance with the rules laid down BY law.