CONSTRUCTING TOMORROW’S FEDERALISM

Saskatchewan Institute of Public Policy

University of Regina and Forum of Federations

Federalism in Switzerland

Kurt Nuspliger

Chancellor of State, Berne, Switzerland

Professor of Constitutional Law

University of Berne

1.Introduction

2.Federalism, democracy and power-sharing

3.Self rule and shared rule

4.Reform of the federal system

5.A new challenge: federalism and globalization

6.Conclusion

Federalism in Switzerland

95 % live in multicultural states

40 % live in federal states

Federalism = possible solution to conflict in multicultural societies

1. Introduction

Federalism: a structure, a process and a political culture

The national legitimacy of Switzerland is based on the legitimacy of municipal and cantonal democracies

2. Federalism, Democracy and Power-sharing

Democracy

Referenda

Popular votes on parliamentary decisions

constitutional amendments (Swiss people and the cantons

legislation (Swiss people)

The popular initiative

Signaturesof 100 000 citizens required

Involving all political groupings in the exercise of power

Protecting minorities

Power-sharing

Art. 3 Cantons

The cantons are sovereign insofar as their sovereignty is not limited by the Federal Constitution; they shall exercise all rights which are not transferred to the Confederation.

Self rule

3. Self rule and shared rule

Art. 45 Participation in Federal Decision Making

1In the cases foreseen by the Federal Constitution, the cantons shall participate in the decision-making process on the federal level, in particular in federal legislation.

2The Confederation shall inform the cantons timely and fully of its plans; it shall consult them if their interests are affected.

Shared rule

The Senate

46 delegates elected by the people of the cantons. Two seats per full canton, one seat per half canton.

The House of Representatives

200 representatives elected by the people according to the system of proportional representation.

The Federal Government

7 members, each indivdually elected by the Parliament.

The Conference of the Cantonal Governments

Promoting the co-operation among the cantons influencing the political decisions on the federal level.

Reform of Financial Equalization and Task Allocation between the Confederation and the cantons (RET).

4. Reform of the federal system

Reallocating the responsibilities of the Confederation and the cantons.

Improving cooperation and financial restructuring between the Confederation and the cantons.

Encouraging intercantonal cooperation.

Key features

International legislation with direct effect (EU)

IMF, WTO

MNEs

NGOs

5. Federalism and Globalization

150 years of Swiss federalism

Multilevel legitimacy

New challenge EU

Switzerland between innovation and stagnation

6. Conclusion