2008 Guidebook to Direct Democracy 2008 edition analysis & opinion • essays • facts & presentations • factsheets • glossary & world survey the initiative & referendum institute europe “Loosely borrowing from Churchill: ‘Direct democracy is the worst kind of democracy – Guidebook to Direct Democracy except for all the others’.” roger de weck, writer in switzerlan d and beyond “This is the clearest and most succinct book I have read about direct democracy. The IRI Guidebook describes in precise detail how direct law-making by the voters works in Switzerland and beyond, through initiative and referendum, and shows where else in the world it is taking root.” brian beedham, the economist Never before have so many people been able to vote on substantive issues. Since the in switzerland and beyond millennium, more and more countries around the world have begun to use referendums in addition to elections, and more and more people now have the possibility of exerting an influence on the political agenda by means of a right of initiative. Throughout the world, representative democracy is being reformed and modernised. Existing indirect decision- making structures are being revitalised and given greater legitimacy by the addition of direct-democratic procedures and practice. The 2008 Edition of the IRI Guidebook addresses the key issues raised during the transition to modern democracy. It offers both an introduction to and a deepening of knowledge of the world of citizen lawmaking. Features include essays on the everyday practice of direct democracy in Switzerland, Europe and the world. Factsheets include background data on many aspects of the initiative & referendum process, and a new global survey maps both procedures and practice across the world, including hotspots such as the German “Länder” and first-time referendum practitioners in countries like Costa Rica and Thailand. With a preface by Pascal Couchepin, Federal Councillor, Head of the Swiss Federal Depart- ment of the Interior. Guidebook to Direct Democracy the initiative & referendum institute europe www.iri-europe.org edition isbn: 978-3-940716-00-2 2008 Guidebook to Direct Democracy in switzerland and beyond the initiative & referendum institute europe Guidebook to Direct Democracy in switzerland and beyond Bruno Kaufmann, Rolf Büchi, Nadja Braun 2008 edition the iri guidebook to direct democracy – 2008 edition developed, written, edited by Bruno Kaufmann, Rolf Büchi, Nadja Braun english editor Paul Carline in cooperation with Peter Fankhauser, Presence Switzerland. Presence Switzerland is an official body of the Swiss Confederation and promotes the dissemination of information about Switzerland worldwide [www.presence.ch]. concept, design and layout Amy Clark, Lukas Jaggi, Bouge! Gmbh photography Simon Opladen, Bern Cover picture: Voting in Bern railway station. printed in switzerland by Benteli Hallwag Druck AG, Bern This publication has been sponsored by Presence Switzerland [www.presence.ch] and the Swiss Agency for Development and Cooperation [www.deza.ch] To order, contact The Initiative & Referendum Institute Europe Box 200540, DE-35017 Marburg (Germany) Phone +49 6421 28 24 748 / Fax +49 6421 28 28 991 [email protected] www.iri-europe.org Third edition (English): 5,000 copies Information valid as of October 7, 2007 Available in French, Spanish and Chinese (German and Italian are forthcoming in 2008). isbn: 978-3-940716-00-2 © 2007 Initiative & Referendum Institute Europe All rights reserved. No parts of this publication may be reproduced or transmitted in any form or by any means, including information storage and retrieval systems, without prior permission in writing from the Initiative & Referendum Institute Europe. Contents PREFACE Discussing democracy means discussing the very essence of politics! 6 By Swiss Federal Councillor Pascal Couchepin, Head of the Swiss Federal Department of the Interior INTRODUCTION Initiatives & Referendums 9 Making democracy more truly representative ESSAYS 1 The year of decisions 17 How a citizen deals with six elections and 30 referendums within ten months 2 Citizens centre stage in politics 25 When the people put their collective foot on the accelerator 3 Back to the future 33 The story of a democratic revolution at the heart of Europe 4 As centralised as necessary, as decentralised as possible 41 On modern federalism 5 The land of the contented losers 49 Direct democracy reveals where in society the shoe pinches 6 Jura: democracy, not nationalism 57 How the Jura was able to make itself independent without violence 7 The myth of the incompetent citizen 65 Direct-democratic rights have an effect on those who use these rights 8 Out loud 73 Why complete strangers suddenly start talking to each other in public 9 Added-value voting 79 A system which promotes growth strengthens society – and makes people happier 10 Design determines the quality 87 Instructions for a citizen-friendly democracy 11 The democratisation of democracy 97 Switzerland’s direct democracy, sophisticated as it is, is still far from perfect 12 Utopia becomes reality 105 From Norway to Taiwan and from New Zealand to Ecuador – and now the EU! RESOURCES Overview 113 FACTSHEETS Factsheets 1-30 114 SURVEY World Survey: The Global Participation Challenge – with a special 196 feature on Germany GLOSSARY Glossary of direct-democracy terms 231 INFORMATION The Initiative & Referendum Institute Europe 244 About/Acknowledgements 246 Index 248 Discussing democracy means discussing the very essence of politics! Preface by Swiss Federal Councillor Pascal Couchepin Dear Reader, You have in your hands the 2008 edition of the “Guidebook to Direct Democracy”. The purpose of this book – which is published regularly in several languages – is to turn the spotlight on the elements of direct democracy within today’s (largely indirect) democracies, and to show their effects on day-to-day politics. Politics all too often concentrates on dealing with everyday practical issues without stopping to question the nature of the political system and the principles on which it is based. That is a pity. Discussing democracy means discussing the very essence of politics! That’s why it is vital that there should be debates and discussions about the workings of the decision- making processes. Democracy, as we know, comes in a wide variety of forms. All democratic systems have their advantages and disadvantages. That’s a good thing, because every country can then compare itself constantly with others and ask itself whether its own decision-making systems is perfect, or whether it might not be opportune, or even necessary, to borrow some ideas and practices from other countries. It is hardly surprising that we should be especially interested in the effects of direct-democratic elements on the decision-making process, since Switzerland is the country with the most extensive system of direct- democratic rights anywhere in the world, and to that extent represents a kind of reference case. Nonetheless, that does not mean that we are not continually asking ourselves whether it is still the best system for us. On the other hand, there is also the question as to whether and to what extent the Swiss form of democracy is exportable – or actually deserves to be exported. 6 We should not forget that “direct democracy” is not an end in itself. We need to know what its particular aims are and whether these are being realized. Within the overall concept of liberal democracy, a primary goal is of course to guarantee freedom. In this respect, however, all democracies – regardless of the particular form of democracy chosen – are exposed to certain dangers which merit our attention. I would like to highlight three of these: The first danger is one which the celebrated journalist and politician Alexis de Tocqueville labeled the “pouvoir sociale”. He pointed to the fact that if certain opinions, and even outright falsehoods, are continually repeated by the major media and by leading figures in politics and society, they can over time come to be seen as true. This process may go so far that opposing views can simply no longer be seen, or even end up being censored. A second danger is that a majority could threaten the basic freedom of minorities. We should never allow a “dictatorship of the numerical majority”. That is the reason why the Swiss political system is very decen- tralized, with power widely distributed between different organs, seen, for example, in the roles of the Parliament (in popular initiatives and referen- dums) and of the courts, in the fact that the members of the Federal Council are elected by Parliament, and in the bicameral parliamentary system. A third problem concerns the role of special interest groups in a democracy. The sum of special interests does not necessarily equate with the common good. The concerns of those who do not have a lobby, and may not even have a right to vote, must not be neglected. We also have to answer the question: how do we guarantee that the interests of future generations are taken into account? 7 Examining such questions within the context of the debate about decision- making processes is a very worthwhile pursuit. The “Guidebook to Direct Democracy” makes an important contribution to that debate and examination. I am sure that this 2008 edition will appeal to everyone interested in democracy, from whichever country they come! Pascal Couchepin Federal Councillor Head of the Swiss Federal Department of the Interior 8 Initiatives & Referendums Making democracy more truly representative Dear reader, Never before have so many people been able to vote on so many substantive issues as in recent years. Voters in Costa Rica approved in their first national referendum vote a free trade agreement with the United States; in Thailand and Zambia citizens had to vote on a new constitution, Latvians had the last word on a national security law and in a referendum in Romania voters re- jected a call to impeach the president.