Switzerland

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%.
by Prof. Markus Kern / Tobias Egli, University of Bern Construction activity in Switzerland is intense: Every day, the equivalent of eight soccer pitches is newly covered with buildings. The increasing concern about the phenomenon of urban sprawl has already had tangible political consequences in recent years: In 2012 the so called «Second Home Initiative» was accepted on the federal level, banning the construction of second homes in municipalities with a proportion of second homes exceeding 20%. In the same year the voters of the Canton of Zurich accepted the so called «Arable Land Initiative» aiming at the protection of arable land in the canton.
by Prof. Markus Kern / Nora Camenisch-Ehinger, University of Bern On November 25, 2018 three proposals were up for decision by the Swiss electorate. Two of them were pertaining to constitutional change and can be said to be situated at either of the poles of constitutional importance:
by Prof. Markus Kern / Antonia Huwiler, University of Bern The Swiss electorate only accepted one of the three proposals up for discussion: The direct counter-proposal to the Bike Initiative. The Fair Food Initiative and the Initiative for food sovereignty have been rejected. The voter turnout amounted to around 37%.
by Thomas Fleiner, Professor Emeritus of Public Law, University of Fribourg, Former President of the Executive Committee of the IACL The voters decided to reject the popular initiative with the lowest turnout (33.7%) of the last 6 years.  At the same time, the majority of the voters adopted the law on the risk of money games. The sovereign decided on this Sunday with two decisions. One decision was on a popular initiative for sovereign or plain money, the second was a referendum on the law concerning the risk of playing games with money.  
by Thomas Fleiner The sovereign decided on this Sunday on two crucial decisions, with regard to the Swiss constitution: The turnout of this vote was 54.1%. This turnout is exceptionally high for Switzerland, because the discussions mainly on the decision of the sovereign with regard to radio and television were strongly emotional. The first decision concerns a federal decision of the Swiss parliament about the financial order of Switzerland (Article196 cipher 13, 14 par 1 and 15 of the Constitution). The sovereign adopted this first decision by a majority of 84,1%; all cantons adopted this decision of the Parliament; however, the sovereign rejected the second popular initiative by a majority of  71,6% against 28.4%. 
by Thomas Fleiner. On Sunday November 27, the Swiss sovereign (according to Article 195 as well as Article 142 par two of the Constitution) decided on a popular constitutional initiative concerning the organized and controlled exit from nuclear energy. The decision was made with a turnout of some 49% against the initiative voted 54% while 45% voted yes. 18 cantons voted no and only 5 cantons voted yes.
by Thomas Fleiner On September 25, the Swiss sovereign (according to Article 195 and Article 142 par 2 of the Constitution) rejected two popular constitutional initiatives and the voters decided on a referendum (Article 142 par 1 of the Constitution) against the law on the intelligence service. The sovereign rejected both initiatives and the majority of the voters accepted the law on the intelligence service. The turnout was about 42%.

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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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