Evening star., 1937-05-05
SWISS CONSIDER
COURT LAW VETO
Repent Distrust of Judiciary
in Face of Flood of
"Emergency" Acts.

Aroused by an unprecedented pro-
gram Of emergency" laws, SWit1er-
land, repenting a 80-year-old distrust
of the judiciary, is seriously consid-
ering move to give its high court
measure OF control over national leg
lslation.
This, at least, is the impression
brought back by Mrs. Charlotte A.
Hankin, crusade fellow Of the Ameri-
can Association of University Women,
who has just returned to Washington
after a years study of the scope of
judicial review In Europe.
When the present Swiss judicial sys-
tenn was set up in 1874, Mrs Hanklp
said, close study had been given the
operation of the Supreme Court IN
this country. Some Of the decisions
of our court, particularly the Dred
Scott decision and the legal tender
cases, apparently convinced the franz
ers of the Swiss constitution that it
was unwise to give the courts power
to invalidate enactments of the na-
tional government.
van ANSfiS" Sohtoho A<n"s'
Consequently the Federal Court,
SWitzerland's highest tribunal, was
given authority to review enacCmentS
of the % cantons, somewhat anala-
gous to our States, but no power to
pass on national legislation.
The constitution, however, con-
tanned provision that national laws,
with the exception of emergency
laws, could be subjected to approval
or disapproval by referendum. This
worked satisfactorily until recent
years, when the increasing number
OF these emergency laws aroused wide
dissatisfaction. AS a result move
ment has been started to amend the
constitution to give the Federal Court
power to decide whether a given
statute is in fact an emergency law.
Should this amendment pass, it was
pointed out, it would give the court
power TO prevent the government
from violating the spirit of the Swiss
constitution by too freely invoking
the emergency law clause
President Roosevelt,s plan TO en-
large the Supreme Court by appoint
ment of six new members unless JUS
tees over 10 resign has aroused wide
interest in Europe, Mrs. Hankin de-
clared. Sentiment for and against
the plan is divided along much the
same lines as in this country, she
said, but the majority of Europeans
seem TO be with the President.
In Europe, she explained where the
multiplicity of political parties
makes enactment of any legislation
difficult, the average citizen cannot
comprehend system of government
which would give the courts power
to undo hard-won legislative accom-
plishments. She also pointed out
that the average age of European
justices is 65, when retirement IN
most cases is mandatory
Lifetime Tenure Disliked.
Il talked to any number of people"
Mrs. Hankin said, who simply can't
understand Why our own justices
| don't retire The idea of a lifetime
judgeship is abhorrent to them"
Mrs. Hankin said she was particu-
larly interested in the operation OF
the judiciary in England and France.
| There, while the courts have no
power to specifically invalidate an
act of the legislature, their powers
Of Interpretation are so broad that
| they can. and in many cases have,
compelled the amendment of legis-
| lation.
In the course of her studies Mrs.
Hankin visited the Union OF Soviet
Socialist Republics. Poland, Hungary
Czechoslovakia. Austria. Italy, Swift
zerland, France and Great Britain.
She already has submitted her
| preliminary report to the Fellowship
Committee of the American Associa-
ton of University Women and is now
organizing her material, preparing for
| a series of lectures and ultimately
work on a comparative study Of her
subject.
With her husband, Gregory Han
kin, she has Offices in the Woodward
| Building.