immigration

by Thomas Fleiner On November 30, the Swiss voters and the cantons had to decide on three popular initiatives. They rejected all three initiatives with 60 to 78% of voters. The participation of voters was 48%. Sixty percent of the voters and almost all cantons rejected the popular initiative for economic justice for taxpayers. The initiative proposed a new article in the constitution, which required that all people living in Switzerland have to pay taxes according to their economic performance.
by Thomas Fleiner In Switzerland, any constitutional amendment can only enter into force when the double majority of the voters of Switzerland and the voters of the cantons have adopted the partial or the general revision of the constitution (Article 140 of the Swiss Constitution). Most constitutional revisions are proposed to the sovereign (majority of the national voters and of the cantonal voters) by the ordinary legislature that is a parliament with a national chamber and a chamber of the cantons.

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Swiss votations on February 9, 2020

by Prof. Markus Kern / Fabian Schmid, University of Bern

On February 9, 2020, two proposals were up for decision by the Swiss electorate:
– the Popular Initiative claiming “more affordable homes” as well as
– a referendum concerning a ban on discrimination based on sexual orientation in criminal law
The Popular Initiative was rejected by 57.1% of the Swiss population and by all but 4½ of the cantons, whereas the amendment of criminal law was clearly accepted by a majority of 63.1% of the voters. Electoral turnout was at 41.7% resp. 40.9%.

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Illiberal constitutionalism 2 – constraints on public power

by Tímea Drinóczi, Professor, University of Pécs, Faculty of Law, Hungary

Illiberal states emerging in Europe, such as Hungary and Poland, are still constitutional democracies, which are shaped peacefully by populist politicians from a more substantial form of constitutional democracy that prioritizes (liberal) constitutional values through the use of populist style of governance, abusive constitutionalism, and autocratic legalism.[1] In our cases, the minimum requirements of a constitutional democracy, such as the rule of law, human rights, and democracy, have been defectively worded in a constitution, or poorly implemented or enforced.

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