1 Big picture
referendum, Centre for Research on Direct Democracy (C2D), direct democracy, report, worldwide
1.1 Switzerland holds one fifth of all worldwide referendums
Figure 1.1 illustrates the evolution of national referendums worldwide from the 1900s until today, distinguishing between Switzerland and the rest of the world. The figure shows the absolute number of referendums per decade, and additionally depicts the share of Swiss referendums. The figure shows that throughout the last century, Switzerland has consistently played a significant role in holding referendums, especially in the earlier decades when referendums were relatively rare globally. From the latter half of the 20th century onward, there was a sharp rise in the number of referendums conducted by other countries. This reduced Switzerland’s share of worldwide referendums, even as its absolute number of referendums remained stable.
Overall, the large number of referendum votes in Switzerland highlights the key role that direct democracy plays there (Hesse and Loser 2024). Today, every enfranchised Swiss citizen gets to vote on around a dozen referendums per year at the national, cantonal, and municipal level (Serdült 2024, 200).
1.2 National referendums
At the national level, the mandatory referendum and citizens’ initiative for total revision of the constitution was introduced with the founding of the Swiss Confederation in 1848 (Serdült 2024, 200). In 1874, the optional legislative referendum was established. Since then, citizens can collect a certain number of signatures to force a popular vote on a federal law (Degen 2011).
For partial revisions of the constitution, the citizens’ initiative was introduced at the federal level in 1891, thus enabling citizens to collect a certain number of signatures to force a vote on a partial constitutional revision (Degen 2016). For each citizen’s initiative, the government or parliament can also formulate a counter proposal, and submit it to a popular vote along with the original initiative.
At the federal level, initatives and referendums are mandated by Title 4, Chapter 2 of the Federal Constitution (Swiss Confederation 2024). For the optional referendum, 50,000 signatures need to be collected within 100 days, whereas for the popular initiative (termed as citizens’ initiative in the following report), 100,000 signatures need to be collected within 18 months. The mandatory referendum is triggered automatically for amendments to the Federal Constitution, accessions to organizations for collective security or to supranational communities, and certain emergency legislation.
For optional referendums to be accepted, a simple majority of the popular vote is sufficient. In contrast, citizens’ initiatives and mandatory referendums require a double majority of citizens and cantons.
1.3 Cantonal referendums
At the cantonal level, referendums were introduced in the 19th century (Serdült 2024). Already before, some Swiss cantons had institutionalized the Landsgemeinde, which is a cantonal citizens’ assembly (Schaub 2016). The political rights of the citizens at the federal level were themselves inspired by cantonal models. Although direct democratic insitutions exist in all cantons, there is a large variance. Direct democratic rights - computed through an index that encompasses measurements such as the necessary number of signatures or the deadlines - are strongest in the cantons of Glarus, Basel Landschaft and Appenzell Innerrhoden, whereas they are the weakest in Vaud, Ticino and Geneva (Stutzer 1999; Vatter 2013, 2024)
Below, we discuss cantonal similarities and differences with regard to their implementation of direct democratic instruments.
Minimum requirements under federal law
At the cantonal level, most political rights are fixed in the cantonal constitution. These constitutions underlie the minimum requirements found in Article 51 paragraph 1 of the Federal Constitution (Swiss Confederation 2024). This stipulates that the cantonal constitution must be a democratic one (Belser and Massüger 2015; Rhinow 2000, 84; Hangartner et al. 2023, 541). In addition, the consent of the citizens to the constitution is required. It must also be possible to revise the constitution at any time if the citizens demand so (Belser and Massüger 2015; Auer 2016, 231; Hangartner et al. 2023, 541).
This contrasts with the concept of non-amendable “eternity-clauses” such as those found in the German, French and Italian constitutions (Schmid 2020, 639). Contrary to these “eternal constitutions”, constitutions in Switzerland must be amendable at any time (Fedlex 1995, 993; Auer 2016, 236; Rhinow, Schefer, and Uebersax 2016, 154). Any amendment requires the consent of the citizens (Belser and Massüger 2015). A de facto ban on amendments, including any waiting periods, would therefore be unconstitutional (Schmid 2020, 645; Fedlex 1995, 993; Rhinow, Schefer, and Uebersax 2016, 154; Biaggini 2017, 563).
The Federal Constitution thus provides the cantons with the institutions of the mandatory constitutional referendum and the popular initiative for partial or total revision of the constitution (Auer 2016, 231; Buser 2011, 19; Rhinow 2000, 92; Tschannen 2021, 669). If a canton were to dispense of one of these two instruments, this would constitute a violation of Article 51 paragraph 1 of the Federal Constitution. Article 51 of the Federal Constitution also protects against anti-democratic developments in the federal state, since a minimum of direct democratic instruments is ensured (Belser and Massüger 2015). At the same time, the diversity and autonomy of the cantons is maintained. The cantons are free to grant the people additional rights (Hangartner et al. 2023, 541; Tschannen 2021, 669; Jaag 2020, 110).
The cantonal constitutions must not contravene federal law pursuant to Article 51 paragraph 2 of the Swiss Federal Constitution. If they do, the Federal Assembly will not approve the cantonal constitution. In the approval process, the Federal Assembly examines the cantonal constitution to ensure its compliance with federal law, particularly with Article 51, paragraph 1 of the Federal Constitution (Rhinow 2000, 84; Auer 2016, 236; Rhinow, Schefer, and Uebersax 2016, 172; Hangartner et al. 2023, 542).
Mandatory referendums
Mandatory referendums are those proposals that are subject to a referendum by virtue of the constitution or a law. These votes must be held ex officio. If such a bill is not put to a vote or is not accepted by the citizens, it does not enter into force (Auer, Malinverni, and Hottelier 2013, 201; Auer 2016, 415).
The minimum requirement under federal law in Article 51 paragraph 1 of the Federal Constitution requires the instrument of a mandatory constitutional referendum in all cantons (Auer, Malinverni, and Hottelier 2013, 201; Auer 2016, 231; Tschannen 2021, 669). This means that the authorities are obliged to submit every constitutional amendment to the voters, regardless of whether this proposal originates from the citizens in the form of a popular initiative, or from the cantonal parliament (Belser and Massüger 2015; Auer 2016, 231; Hangartner et al. 2023, 541).
In the case of a partial revision, the proposed constitutional amendment is voted on directly. In the case of a total revision, the citizens decide in a mandatory preliminary vote whether the revision should be drafted at all and often who will be responsible for this task. The authors of the new constitution can be the parliament or a constitutional council elected exclusively for this purpose. Once work on the new constitution has been completed, it is again subjected to a mandatory referendum (Auer 2016, 415; Jaag 2020, 110).
The cantons may extend this mandatory requirement under Article 51 paragraph 1 of the Federal Constitution by stipulating the mandatory referendum for other matters in their constitution, or by means of a cantonal law (Tschannen 2021, 669; Hangartner et al. 2023, 541).
In addition, the cantons can also voluntarily subject other proposals to an optional referendum that are not already subject to a mandatory referendum under the constitution (Tschannen 2021, 268). In this case, the holding of a referendum is linked to a required number of signatures and a deadline determined by cantonal law (Auer 2016, 417). These referendums are listed here under the term optional referendum.
Cantonal differences
The Swiss cantons are considered to be the most direct democratic bodies in the world. In particular, they are more direct democratic than the Swiss Confederation because the range of matters subject to referendum is wider than at the federal level (Auer 2016, 1003). The rights of the people at the federal level are themselves inspired by cantonal models. In addition to the mandatory constitutional referendum, some cantons – namely Uri, Schwyz, Glarus, Solothurn, Basel Landschaft, Schaffhausen, Appenzell Innerrhoden and Aargau - also recognize the mandatory legislative referendum. In these cantons, changes to legislation must be put to a popular vote (Haller, Kölz, and Gächter 2020, 270).
In addition to the mandatory legislative referendum, various other forms of referendum have been established in the cantons. Some examples of these cantonal referendums are listed below. Within the framework of the so-called administrative referendum, not only laws and international and intercantonal treaties can be subject to a referendum, but also individual administrative acts, such as the awarding of licenses (Glaser 2012; Hangartner et al. 2023, 1627–28). In addition, the budget referendum, the tax rate referendum, the referendum on fundamental decisions and the consultation referendum are widespread direct democratic rights in the cantons (Haller, Kölz, and Gächter 2020, 280).
Territorial referendums are special, as they apply to changes in the territory of a canton pursuant to Article 53 paragraph 2 of the Federal Constitution and to territorial changes between cantons pursuant to Article 53 paragraph 3. These require the consent of the affected population and the cantons concerned. In the case of a change in the number of cantons, the consent of the citizens and the cantons throughout Switzerland is required (Hangartner et al. 2023, 1895–1900).
Another special form of referendum is the constructive referendum, also known as a popular proposal, in the cantons of Bern and Nidwalden (Glaser, Serdült, and Somer 2016, 1343; Hangartner et al. 2023, 2088–93). There, a certain number of citizens can force a referendum and put forward an alternative proposal to the bill passed by the cantonal parliament (Haller, Kölz, and Gächter 2020, 273). This procedure serves to avoid the failure of the entire bill by allowing only the disputed provisions to be challenged. In certain cantons, generally binding parliamentary resolutions and parliamentary ordinances are also subject to an optional referendum (Buser 2011, 132–33).
The financial referendum, which does not exist at the federal level, illustrates the cantonal diversity in Switzerland (Hangartner et al. 2023, 443). In Lucerne, a referendum is mandatory for one-off expenditures over 25 million Swiss francs or recurring expenditures over ten times the amount of an annual expenditure. Uri requires a referendum from CHF 500,000 for new expenditures or from CHF 50,000 for recurring expenditures if they are incurred over ten years. In Fribourg, the referendum applies to new net expenditures that exceed 1 % of the-last approved government expenditure. Appenzell Ausserrhoden and Jura use referendums for expenditures that exceed defined thresholds for the tax unit or the state budget (Federal Supreme Court of Switzerland 1989, 141; Haller, Kölz, and Gächter 2020, 280; Hangartner et al. 2023, 1272). These cantonal regulations differ significantly in some cases and are exemplary of the diversity of referendums in Switzerland (Buser 2011, 138–42).
Landsgemeinden
Until the late 1990s, five cantons still had Landsgemeinde votes. Nidwalden abolished the Landsgemeinde in 1996, Appenzell Ausserrhoden in 1997, and Obwalden in 1998. Today, only Appenzell Innerrhoden and Glarus still hold the Landsgemeinde, the other 24 cantons vote at the ballot box (Buser 2011, 172; Auer 2016, 409; Haller, Kölz, and Gächter 2020, 197).
In Appenzell Innerrhoden and Glarus, all enfranchised citizens meet once a year to vote on a wide range of issues. Elections and votes at cantonal level are held by a show of hands (Buser 2011, 172; Auer 2016, 409; Jaag 2020, 117). The Landsgemeinde is regarded as the supreme authority of the respective cantons, although it does not replace parliament or the ballot box (Buser 2011, 172; Haller, Kölz, and Gächter 2020, 198; Jaag 2020, 117). The exact number of votes in favor of or against a proposal can only be estimated and cannot be determined precisely (Buser 2011, 172).