The Popular Initiative and the Double Majority

In one line

A hundred thousand Swiss voters can put a constitutional amendment on the ballot, and it passes only if a majority of voters and a majority of cantons approve it.

In the wording a student can write in an exam: the popular initiative entitles a specified number of voters to propose a constitutional amendment which must be submitted to a popular vote, and the double majority requires such an amendment to be approved both by a majority of the persons voting throughout Switzerland and by a majority of the cantons.

The initiative

Article 136 gives political rights in federal matters to all Swiss citizens over the age of eighteen who are not incapacitated, and provides that they may participate in elections to the National Council and in federal votes, and may launch and sign popular initiatives and requests for a referendum.

Article 138, total revision. A hundred thousand persons eligible to vote may within eighteen months of the official publication of their initiative propose a total revision, and the proposal must be submitted to a vote of the People.

Article 139, partial revision. A hundred thousand persons eligible to vote may within eighteen months of the official publication of their initiative request a partial revision. It may take the form of a general proposal or of a specific draft.

If it is a general proposal and the Federal Assembly approves it, the Assembly prepares the partial revision and submits it to the vote of the People and the Cantons; if the Assembly rejects it, the People decide whether it should be implemented, and if they say yes the Assembly drafts.

If it is a specific draft it is submitted to the vote of the People and the Cantons, and the Federal Assembly recommends acceptance or rejection and may put forward a counter-proposal.

Article 139(3). Where an initiative fails to comply with the requirements of unity of form, of unity of subject matter, or with mandatory provisions of international law, the Federal Assembly shall declare it invalid in whole or in part.

The counter-proposal

The Assembly's power to put a counter-proposal alongside an initiative is the most sophisticated part of the mechanism. The voter is asked whether he accepts the initiative, whether he accepts the counter-proposal, and, if he accepts both, which he prefers.

The effect is that the Assembly can respond to a popular demand with a moderated version rather than simply opposing it, and initiatives are frequently withdrawn when a satisfactory counter-proposal is offered.

The double majority

Article 142(2). Proposals submitted to the vote of the People and the Cantons are accepted when a majority of those who vote and a majority of the Cantons approve them.