World Comparative Politics - The Political System of Switzerland

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WORLD COMPARATIVE POLITICS THE POLITICAL SYSTEM OF SWITZERLAND

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The Political System of Switzerland

Residency Pre-Assignment World Comparative Politics

Submitted to

Dr. Michael Leube

By

Tabea Hirzel

In partial fulfilment of therequirement for the

World Comparative Politics CourseSMC University

Vienna, January 25, 2010


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Abstract

Switzerland could be considered as what David Sloan Wilson and Elliott Sober defined a

trait group (1994). This is not a thesis proposal to consider multilevel selection as the main

foundation of a countries constitution. In the case of Switzerland where a common genetic

pool and common culture can only be defined in a highly contradictory way Wilson &

Sobers theory offers a background that gives the Helvetian phenomenon a possibility to be

understood from a socio-political point of view.

Index

Abstract ................................................................................................................................. - 2 -Introduction ........................................................................................................................... - 3 -Origins ................................................................................................................................... - 3 -

Prehistory .......................................................................................................................... - 3 -Celtic Tribes ...................................................................................................................... - 4 -Roman Empire ................................................................................................................... - 4 -Frank and German Empire ................................................................................................ - 5 -The Ancient Rgime .......................................................................................................... - 6 -The Helvetic ...................................................................................................................... - 7 -Birth of a Democracy ........................................................................................................ - 7 -

Todays political system ........................................................................................................ - 8 -Brief constitutional history ................................................................................................ - 8 -The constitution ................................................................................................................. - 8 -Political bodies .................................................................................................................. - 9 -

Federal Supreme Court .................................................................................................. - 9 -Swiss Federal Council ................................................................................................. - 10 -Swiss National Council ............................................................................................... - 10 -Council of the States ................................................................................................... - 10 -

Decision making process ................................................................................................. - 11 -Analysis Strengthes and Weakness ..................................................................................... - 11 -

Strengthes ........................................................................................................................ - 11 -Weakness ......................................................................................................................... - 12 -

People and the Government ................................................................................................ - 12 - Conclusion ........................................................................................................................... - 13 -Bibliography ........................................................................................................................ - 13 -


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Introduction

1882 Ernst Renan defined: Switzerland is not a nation based on ethnical, religious, linguistic

or cultural identity but is rather understood as a voluntary association of independent,

autonomous republics and former city states that by free will agree to cooperate. (Renan,

1882); A theory that is largely accepted since then.

But what led to this voluntary association and to the redaction of the Swiss constitution

(Bundesverfassung) and the creation of Switzerland as a nation state in 1848, almost forty

years earlier? Answers shall be found analysing the social-psychological process

(Deschamps, Pez, Pennebaker, & et al., 2006) carefully looking into the history ofSwitzerland and its constitution, considering the fact history is never unbiased (Romanowski,

1996). This is therefore the version of the author of this paper, a Swiss national herself.

Origins

The territory of modern Switzerland was built very late in the Tertiary of the Neozoic by the

tectonic formation of the continents, when the African the European tectonic plates crushed

together around 65 Mio years ago. This was the birth of the Alps, the mountains crossing all

Switzerland and covering around 70% of its territory. First human activities are dated back to

150.000 to 100.000 BD years, rather late comparing to the estimation of 2 Mio years for the

first (wo)men in Africa, but some of the first human traces in Europe.

PrehistoryPrehistory was an active time in terms of culture and activity in this area. Starting with the

Palaeolithic around 18.000 to 8.000 BD, rich in stone carvings and archaeological findings of


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cave settling, followed by the Megalith culture and lake border settlings found all over the

Middle Lands and Western Switzerland during the Mesolithic around 3.000 to 1.800 over the

middle lands and Western Switzerland continuously evolving through the Neolithic bronze

time, marked through trade between divers Celtic tribes settling in Switzerland and Greek and

Roman tribes, especially the Etruscans. The prehistoric time ended 800 BD with the first

written texts by the Helvetii, the strongest of the Alpine Celtic tribes.

Celtic Tribes

The Helvetii were one of the Celtic tribes that lived in this area apart from the Bojii, Rauracii

and Raetii and well for being fierce soldiers (Gaius Iulius Caesar, 57 BD). In the middle of

crossing migration routes of several Celtic tribes their culture belonged to the Hallstead

culture from southern Germany and Austria and later La Tne culture centred in WesternSwitzerland and France. During the Roman Empire the Helvetii highly intensified their trade

with Rome and Greece and the first city Aventicum was assumingly build as trade centre. The

result was an unbalanced growth in population of the Helvetii. No exact sources are left about

what they actually motivated in 58 BD to move from the Middle Lands northwards to the area

of Bibracte, todays Autun in Burgundy, France. Their lifestyle was described by Caesar as in

ongoing conflict with the other Celtic tribes, pushing them away from pasting lands or

robbing them their goods. A known fact is that 300.000 Helvetii confronted Caesar inBibracte, which is an extremely high number for those times considering that until the

beginning of the 18 Century the total Swiss population was only 1.2 Million (Hunziker, 2005).

This was probably the emigration of the whole Helvetii tribe and build an important threat to

the Roman Empire, the Helvetic Rauracii a Roman, friendly tribe lived in this area, which by

then was under Roman protection and an important trade centre. Whatever the motivation of

the Helvetii was to leave Switzerland, they were defeated by Caesar. Four important outcomes

resulted from this even; it was politically effective for Ceasar to win a battle against an

unbeatable tribe and promoted his own political plans, the Helvetii had to return to

Switzerland and learnt that outside their territory their change for survival was less,

Switzerland became part of the Roman Empire as Gallica Belgica and later under the name of

Germania Superior. The Helvetii culture already mingled with Roman and Greek influences

became romanised.

Roman Empire

The Roman occupation had many advantages for the Helvetic tribes. The Romans used theirstrategy of a federal administration also in Switzerland and recognizing their bellicose


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abilities by hiring them for the Roman military. This should become an important source of

wealth for the Swiss people until the 19th Century. Since the northern limes had already

moved southwards, due to the Germanic and Alemanic pressure, the frontier of the Roman

Empire was now crossing the northern border of Switzerland and Augusta Raurica (Augst,

CH), Acquae (Baden, CH), Salodurum (Solothurn, CH), Leosonna (Lausanne, CH), Geneva

(Geneva, CH), Turicum (Zurich, CH) and Curia (Chur, CH) where built in the time between

44 and 15 BD in order to protect the frontiers and as commercial centres. Part of the Roman

military strategy was also the building of a sophisticated transport network. Thus the first pass

way through mountains over the St. Bernhard was built in 47 BD and connected the limes

with the roman capital. It was also the way which chose Hannibal Barca, originating from

Carthage in todays Tunisia and leaded in 218 BD Gaulo-Carthaginian invasion against the

Roman Empire through the Alps. Until 250 AD the Helvetii lived a quiet live and many

fortifications were in decay when 260 AD the Alemannic tribes attacked. Rome already

involved in several battles fighting uplifting tribes in the provinces sent the Theban Legion to

protect the frontiers. Its existence and its legendary origin in Egypt are rather debated in

todays history. Nevertheless, its part of the founding myth of many important Swiss locations,

including Zurich where Christinan soldiers from the Theban legion started in 286 AD the

Christianization of St. Maurice and Turicum (Zurich, CH), two cities that welcomed this new

religion as rebellion against the re-installed Caesar cult. After further attacks by the

Alemannic the Romans leave Switzerland in 401, nine years before the official end of the

Roman Empire.

Frank and German Empire

Switzerland becomes occupied by Germanic Ostrogoth and Alemannic Tribes until 439 the

Burgundy Kings pushe the Alemannic back and make Geneva the capital of their Kingdom in

496 under King Chlodwig. Until the seventh Century Switzerland belongs to the Frank

Empires, devided in Gaus, sort of autonomous provinces, and peacefully passes over to the

Holy Roman Empire Germany established by Charlemagne descendent of the Franks.

Christianization goes on throughout these period promoted by Irish monks who establish

several important monasteries in Switzerland (Dissentis, Reichenau, St. Gallen).

In 888 Switzerland becomes an independent Kingdom called High-Burgundy, with the capital

in Geneva. This is where the idea of a unified people that share their destiny and their

interests slowly evolves emphasized by severe attacks from the Hungarians and Saracens(Spanish) during the 10th Century and is enforced when Switzerland is integrated again into


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the German Empire in 1033. With the Zhringer heritage of the Burgundy empire a new era

starts. Several local aristocrats take over the power in Switzerland Zhringer, Welfen, Salier,

Walser, Toggenburger, Kyburger, Habsburger, Staufer, Landenberger and Bonstetter are the

first names related to the early local governments of city states and land states, still deeply

connected politically and through family relations with the houses of the German, the

Habsburg and the Franks as well as their descendants.

The Ancient Rgime

The following centuries are marked by battles for the independence from these large

Kingdoms, blood feuds between the families in power leading towards a high monopolization

of power in the hands of few families, fights between different city states for economic and

political reasons, fights between the cities and the land states mostly due to economic andlegal inequalities between the classes of the highly hierarchical social system lead by an

Aristocracy and the Ministerial and further religious differences by the mostly catholic

regions in rural central Switzerland and the reformed city states Base, Bern, St. Gallen,

Toggenburg, Geneva and Zurich. The Swiss understand themselves as a loose bond of

independent states, officially confirmed in 1291 by the political confederation of the Central

Swiss States in theBundesbriefand the Confederation of The Little States by Bern, Biel,

Murten and Solothurn, supported by several contractual agreements with the remaining states.This date counts today as the official historic date of the foundation of Switzerland. Known as

theAcient Rgime this political system and the related bellicose conflicts go on until 1815.

The possibility of free agreements with foreign governments and the fame of the Swiss as

fierce soldiers, supported by several extremely cruel battles between confederates motivated

an intense activity of mercenaries which led to enormous wealth but also death and suffering.

Ever more often it happened that Swiss were fighting on both sides of a battle. For this reason

is abolished with the end of the Swiss guard during the French revolution in 1815. During

almost thousand years the Swiss had suffered many conflicts in finding a common identity

and peaceful settling of their disagreements, but they also had known not to get involved into

any international conflict in none of the devastating conflicts from The 100 Years war, The

thirty years war until World War I and II had Switzerland been involved. They had learnt how

to defend their frontiers, which remained more or less unchanged, and to live in peace with

their neighbours. Now, they had to find the inner peace.


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The Helvetic

Whit the so calledHelvetic epoch starts. This period begins with numerous revolutions from

the rural people against cities governors and landlords, calledBrgermeisterandLandvogt.

Even their certainly have been cases of injustices, these uplifting are neither understood as

motivated by economic reasons nor by sufferings (Bning, 1998). The main inspiration was

an ideological one imported by the French revolution and the ideas of Jean Jacques

Rousseaus (Genf 1712-1778) Contract Social published in 1762 and promoting the idea of

the will of the people, as well as the foundation of public schools in 1775 by Heinrich

Pestalozzi (1746-1827). Remarkable is, that, even though 90% if the military came from the

rural areas, these revolutions all failed and remained rather small (Holzhey & Zurbuchen,

1997). Probably, one of the most important reasons for this was the correct analysis of the

political situation in the folk by the Aristocratic elite. Thus, they themselves proposed a

democratic system which could be accepted by all people and should maintain Switzerland as

a Confederation (Simon, 1998). By this the old Regime maintained its power and could chose

its role in the new system freely influencing the unavoidable changes going on all over

Europe. In 1813 the liberal constitution of the Cantons was set up, 1815 the Swiss Neutrality

was confirmed again and 1833 even the Catholic Church was democratized. This led finally to

theBundesverfassung in 1848, based on the Constitution of the United States, and the

recognition of Switzerland as a modern state country with its special form of direct

democracy and confederal organization as we know it today.

Birth of a Democracy

The political evolution of Switzerland is special in many aspects. From a middle age feudal

system it jumped directly into a modern democracy where minorities have the highest

possible respect and the voice of each citizen is highly valued, balancing opposing ideas and

conflicting interests the best way know so far. Being one of the most bellicose tribes it

converted to one of the most peaceful ones, not involved in any bellicose activity since 1815.

This did not happen due to a voluntary pacifism, Switzerland counts 78,2 fit soldiers out of a

population of 1000. However, the strength of the Swiss military force as one of the first in the

world is probably rather a myth going back to its Roman-Celtic history than to real current

facts. Since 1873 Switzerland converted into a leading industrial power. During a long period

of their history the Swiss managed to integrate foreign cultures and new knowledge in a way

that maintained its people unified and gave them a common identity. Today, Switzerland

counts four official languages with equal rights and lacks a single language as common

denominator. Even though most Swiss speak English, many of them would also speak the


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language of other parts. The phenomenon of identity building in Switzerland is still not fully

understood and leads to political tensions under crisis reviving the issue of over population

(bervlkerung) since the plague in 1348 and several trackings of the Jews.

Todays political system

Brief constitutional history

The constitution of Switzerland is born from a large and complex process over more than 700

years. Starting with the first confederate agreement in 1291, The Charta of Schwyz, a

document of political self-organization followed by the Charta of Sempach in 1391

establishing trade agreements and religious independence, the Stanser Verkommnis by 8

States in 1481 to order conflicts between rural areas ant the cities (Bauernkrieg), the 13-States-Union in 1513, The Peace of Basel in 1499 after the Swabian War receiving political

autonomy, the Treaty of Westphalia in 1684 after the Thirty years War, a rather failed

mediation by Napoleon in 1798 who tried to resolve internal conflicts of the Swiss Gaus by

a imposed constitution, The Congress of Vienna with the confirmation of neutrality in 1815

culminating in the creation of Switzerland as a nation state with its Confederate Constitution

(Bundesverfassung) in 1884.

The constitution

This defines Switzerland a multi-party, federal parliamentary direct democratic republic whereby

the Federal council of Switzerland is the head of government, the so called federalist system

(Fderalismus). The modern constitution is based on the Constitution of the United States of

America and the French Constitution highly influenced by the related philosophies of Jean

Jacques Rousseau, et al. The referendum is established since 1874 where only 100.000 people

can initiate at any time a general survey to change any law, including the constitution. Here

the Swiss law contradicts the Public International Law.

The constitutional law is the highest order of law and cannot be contradicted by any cantonal

or local law. However, decisions of the Federal Assembly go before the constitution. There is

now judicial review. The democratic decision process is higher valued than the state of law

(Rechtsstaat) true to Rousseaus idea of the will of the people (Rousseau, 1762).

Fundamental rights in the Constitution of the Swiss Confederation (Federal Decree 1998,

1999) are human dignity (Art. 7), right for live and personal freedom (Art. 10), protection ofprivacy (Art. 13), right of marriage and family (Art. 14), freedom of religion and conscience


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(Art. 15), freedom of opinion and information (Art. 16), freedom of media (Art. 17), freedom

of speech (Art. 18), freedom of science (Art. 20), freedom of art (Art. 21) and assembly (Art.

22), freedom of association (Art. 23), freedom of residence (Art. 24), protection against

deportation (Art. 25), guarantee of private property (Art. 26), freedom of economic activity

(Art. 27) and freedom of coalition (Art. 28). Many further rights are defined in detail.

Political bodies

The political bodies are the Federal Supreme Court of Switzerland (Bundesgericht), the Swiss

Federal Council with 7 councillors and two Chambers of equal rights; the Swiss Council of

States similar to the US upper house and the National Council comparable to the US lower

house. An important point is that with very little exception both military and political bodies

are built from normal citizens with normal jobs and lives. This is considered as the system ofMilitia which guarantees the highest possible independence. There is no direct economic

interest in entering these institutions.

Figure 1: Source from Wikipedia

Federal Supreme Court

According to the Constitution of Switzerland, the court has jurisdiction over violations of

federal law, public international law, inter-cantonal law, cantonal constitutional rights,


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autonomy of municipalities, and other guarantees granted by the Cantons to public corporate

bodies and federal and cantonal provisions and political rights (Wikipedia, 2010).

Because of an emphasis on direct democracy through referendum, the Constitution precludes

the court from reviewing acts of the Federal Parliament, unless such review is specifically

provided for by statute (Wikipedia, 2010).

Swiss Federal Council

This is executive council of Switzerland composed of seven members. Its responsibilities are

the federal administration and serving as the representative head of the states is leaded

according to the norms of collegiality, spectral representation and political balance.

Swiss National Council

The Nation Council elects the President of the National Council, proposes laws and reviews

laws from the Council of the States, and publishes laws for the obligatory and facultative

referendum.

Distribution according to fractions with its German denomination are Sozialdemokratische

Fraktion, Grne Fraktion, Fraktion CVP/EVP/glp, FDP-Liberale Fraktion, Fraktion der

Brgerlich-Demokratischen Partei, Fraktion der Schweizerischen Volkspartei, without

fraction whose evolution in percentages are shown in the table down here (Wikipedia, 2010):

Council of the States

Also called Stckli which means residency of the elder because of the high percentage of

elder politicians, 2 of each canton (1 for half-cantons), elected by simple-majority.


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Elects the President of the Council of the States (1 year-turn), without advice by their cantons!

Proposes laws and reviews laws from the National Council, publishes laws for the obligatory

and facultative referendum.

Decision making process

The decision making process starts usually with the law making Council of the States or

National Council and is presented to the people for referendum. The other possibility is a

public initiative of 50.000 signatures (100.000 in case of constitutional law) wich will be

presented to the National Assembly of the Council of the States and the National Council and

given to public survey afterwards. The process of law making is even more complex and will

not further be developed here. The Consociationalism (Konkordanzdemokratie) of the Swiss

system guaranties equal group representation, power-sharing and corporatism. The Collegialprinciple (2 equal chambers); between National Council and the Council of the States requires

their reciprocal approval with max 3. Turns and guaranties a balance of powers.

As stated before, there is no judicial review. The will of the people is the highest judicial

instance.

Analysis Strengthes and Weakness

Strengthes

Strengths of the Swiss political system have come thanks to a large periods of evolution and

political praxis of the system. Some major advantages are the balance of interests, the balance

of powers, respect for minorities and a high political participation and identification.

Inequalities between the cities and the country side, especially villages in the mountains are

compensated with special help for the. Public schools and narrow transport nets have support

the live in the country side. Labour unions and agricultural associations are quite active and

successful in defending the rights of these groups.

The balance of powers comes first of all from the sophisticated system of check and balances,

division of powers in the political bodies and a complex system of proportional representation

and quota and guaranties an equal and fair representation of all citizens.

The sensitivity for the needs of minorities and the system of a direct democracy is supported

by rich political involvement integrated in the culture that proliferates a rather highidentification with the national laws and policies.


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Weakness

The most important weakness is probably that the Swiss political system is that it is basically

created for inner peace and stability and has a minor focus on international politics, at least in

its historical development. This can lead to conflicts between the democratic rights of the

people and the international conception of human rights or the international law what makes

Swiss polity sometimes contradictious and requires highly sensitive diplomatic compromises.

Further challenges are the fluidity of the constitution that lacks an absolutely fixed written law

making the integration of new members to the group more vulnerable and the political system

rather complex, a reason why education and immigration policies are considered highly

important. For the reasons above also the decision making process can take longer but offers

in turn solutions that find a broader acceptance. Sometimes the lack of a single head

representing the country during a large period can lead to confusions in the diplomatic

discourse.

People and the Government

The structure of more or less equal people governed by elite is very old in Switzerland and

dates back at least to the times of Celtic culture. The difference in status was not very well

defined and rather attached to political than economic privileges. In general conflicts between

the people and the government in Switzerland had rather been limited. The most important

conflicts were probably the revolution during the Bauernkriege, the end of mercenaries 1815,

the uplifting of the Stfner Memorial. There have been many other conflicts, but most had

been motivated by struggles for power between people or aristocrats of different regions,

family feuds and conflicts do to divergent religious or political ideas.

Switzerland is a country that generally lacks natural resources. The Swiss wealth is mostly

based on a highly developed commercial activity. This explains why conflicts in Switzerlandare often connected with the provision of food and other resources like Salt, Wine (middle

ages), Grain, Fertilizer (WWII) Oil (actuality), sensitivity to toll tariffs and regulations for

export especially for military goods, banking services and migration laws. The high valuation

of grown structures and traditions as well as the intense connection with the mountains and

lakes and its use as spiritual inspiration and economic source (pass way, tunnel systems,

military strategy) explain many complex construction laws of the country which have led to

several conflicts in history (NEAT, Luzern Luxury Residencies, Minaret).


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History has shown that imposition of a single religion or freedom of religion by a higher

authority didnt work. Each religion and ideology had to find its role through periods of

conflict and discussions as remembered by the expulsion of the Jews in 1490 (Jewish History,

2010), Killing of thousands of Pagans and Christian Heretics, conflicts with Kurdish

separatists and New Age revolutionaries in more recent times, or the discussions about the

role of Islam in the Swiss culture.

Conclusion

Switzerland is country full of contradiction, one of the most peaceful ones but with an

important role of military in its culture, a people of free minds but one of the last to accept

women to vote (since 1971), the oldest European country with a federal and participatory

political concept that worked but, at the same time, remained in its culture feudal until

modernity. But first of all Switzerland is a nation that by external stimuli and internal conflict

has evolved as a group and offers certainly an interesting ground on further studies of multi-

level selection.

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World Comparative Politics - The Political System of Switzerland

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