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Constitution of the Swiss Confederation (1999, as amended 2016) (excerpts related to referendum) (English)

Federal Constitution of the Swiss Confederation 

(excerpts)

[...]

 

Art. 136 Political rights

1 All Swiss citizens over the age of eighteen, unless they lack legal capacity due to
mental illness or mental incapacity, have political rights in federal matters. All
citizens have the same political rights and duties.

2 They may participate in elections to the National Council and in federal popular
votes, and launch or sign popular initiatives and requests for referendums in federal
matters.

[...]

Chapter 2 Initiative and Referendum

Art. 138 Popular initiative requesting the total revision of the Federal
Constitution
1 Any 100,000 persons eligible to vote may within 18 months of the official publication
of their initiative propose a total revision of the Federal Constitution.⁸⁶
2 This proposal must be submitted to a vote of the People.

Art. 139⁸⁷ Popular initiative requesting a partial revision of the Federal
Constitution in specific terms
1 Any 100,000 persons eligible to vote may within 18 months of the official publication
of their initiative request a partial revision of the Federal Constitution.
2 A popular initiative for the partial revision of the Federal Constitution may take the
form of a general proposal or of a specific draft of the provisions proposed.
3 If the initiative fails to comply with the requirements of consistency of form, and of
subject matter, or if it infringes mandatory provisions of international law, the Federal
Assembly shall declare it to be invalid in whole or in part.
4 If the Federal Assembly is in agreement with an initiative in the form of a general
proposal, it shall draft the partial revision on the basis of the initiative and submit it
to the vote of the People and the Cantons. If the Federal Assembly rejects the initiative,
it shall submit it to a vote of the People; the People shall decide whether the
initiative should be adopted. If they vote in favour, the Federal Assembly shall draft
the corresponding bill.
5 An initiative in the form of a specific draft shall be submitted to the vote of the
People and the Cantons. The Federal Assembly shall recommend whether the initiative
should be adopted or rejected. It may submit a counter-proposal to the initiative.

Art. 139a⁸⁸

Art. 139b⁸⁹ Procedure applicable to an initiative and counter-proposal
1 The People vote on the initiative and the counter-proposal at the same time.⁹⁰
2 The People may vote in favour of both proposals. In response to the third question,
they may indicate the proposal that they prefer if both are accepted.
3 If in response to the third question one proposal to amend the Constitution receives
more votes from the People and the other more votes from the Cantons, the proposal
that comes into force is that which achieves the higher sum if the percentage of votes
of the People and the percentage of votes of the Cantons in the third question are
added together.

Art. 140 Mandatory referendum
1 The following must be put to the vote of the People and the Cantons:
a. amendments to the Federal Constitution;
b. accession to organisations for collective security or to supranational communities;
c. emergency federal acts that are not based on a provision of the Constitution
and whose term of validity exceeds one year; such federal acts must be put
to the vote within one year of being passed by the Federal Assembly.
2 The following are submitted to a vote of the People:
a. popular initiatives for a total revision of the Federal Constitution;
abis.⁹¹ …
b.⁹² popular initiatives for a partial revision of the Federal Constitution in the
form of a general proposal that have been rejected by the Federal Assembly;
c. the question of whether a total revision of the Federal Constitution should be
carried out, in the event that there is disagreement between the two Councils.

Art. 141 Optional referendum
1 If within 100 days of the official publication of the enactment any 50,000 persons
eligible to vote or any eight Cantons request it, the following shall be submitted to a
vote of the People:⁹³
a. federal acts;
b. emergency federal acts whose term of validity exceeds one year;
c. federal decrees, provided the Constitution or an act so requires;
d. international treaties that:
1. are of unlimited duration and may not be terminated,
2. provide for accession to an international organisation,
3.⁹⁴ contain important legislative provisions or whose implementation requires
the enactment of federal legislation.
2 …⁹⁵

Art. 141a⁹⁶ Implementation of international treaties
1 If the decision on ratification of an international treaty is subject to a mandatory
referendum, the Federal Assembly may incorporate in the decision on ratification the
amendments to the Constitution that provide for the implementation of the treaty.
2 If the decision on ratification of an international treaty is subject to an optional
referendum, the Federal Assembly may incorporate in the decision on ratification the
amendments to the law that provide for the implementation of the treaty.

Art. 142 Required majorities
1 Proposals that are submitted to the vote of the People are accepted if a majority of
those who vote approve them.
2 Proposals that are submitted to the vote of the People and Cantons are accepted if a
majority of those who vote and a majority of the Cantons approve them.
3 The result of a popular vote in a Canton determines the vote of the Canton.
4 The Cantons of Obwalden, Nidwalden, Basel-Stadt, Basel-Landschaft, Appenzell
Ausserrhoden and Appenzell Innerrhoden each have half a cantonal vote.

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86 Adopted by the popular vote on 9 Feb. 2003, in force since 1 Aug. 2003 (Federal Decree
of 4 Oct. 2002, Federal Council Decree of 25 March 2003, Federal Decree of
19 June 2003; AS 2003 1949; BBl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960).

87 Adopted by the popular vote on 27 Sept. 2009, in force since 27 Sept. 2009 (Federal
Decree of 19 Dec. 2008, Federal Council Decree of 1 Dec. 2009; AS 2009 6409;
BBl 2008 2891 2907, 2009 13 8719).

88 Adopted by the popular vote on 9 Feb. 2003 (Federal Decree of 4 Oct. 2002, Federal
Council Decree of 25 March 2003; AS 2003 1949; BBl 2001 4803 6080, 2002 6485,
2003 3111). Repealed in the Popular Vote on 27 Sept. 2009, with effect from
27 Sept. 2009 (Federal Decree of 19 Dec. 2008, Federal Council Decree of 1 Dec. 2009;
AS 2009 6409; BBl 2008 2891 2907, 2009 13 8719). This article in its version in the Federal
Decree of 4 Oct. 2002 never came into force.

89 Adopted by the popular vote on 9 Feb. 2003, para. 2 und 3 in force since 1 Aug. 2003
(Federal Decree of 4 Oct. 2002, Federal Council Decree of 25 March 2003, Federal Decree
of 19 June 2003; AS 2003 1949; BBl 2001 4803 6080, 2002 6485, 2003 3111 3954
3960). Para. 1 in its version in the Federal Decree of 4 Oct. 2002 never came into force.

90 Adopted by the popular vote on 27 Sept. 2009, in force since 27 Sept. 2009 (Federal
Decree of 19 Dec. 2008, Federal Council Decree of 1 Dec. 2009; AS 2009 6409;
BBl 2008 2891 2907, 2009 13 8719).

91 Adopted by the popular vote on 9 Feb. 2003 (Federal Decree of 4 Oct. 2002, Federal
Council Decree of 25 March 2003; AS 2003 1949; BBl 2001 4803 6080, 2002 6485,
2003 3111). Repealed in the Popular Vote on 27 Sept. 2009, with effect from 27 Sept.
2009 (Federal Decree of 19 Dec. 2008, Federal Council Decree of 1 Dec. 2009; AS 2009
6409; BBl 2008 2891 2907, 2009 13 8719). This let. in its version of Federal Decree of
4 Oct. 2002 never came into force.

92 Adopted by the popular vote on 27 Sept. 2009, in force since 27 Sept. 2009 (Federal
Decree of 19 Dec. 2008, Federal Council Decree of 1 Dec. 2009; AS 2009 6409;
BBl 2008 2891 2907, 2009 13 8719).

93 Adopted by the popular vote on 9 Feb. 2003, in force since 1 Aug. 2003 (Federal Decree
of 4 Oct. 2002, Federal Council Decree of 25 March 2003, Federal Decree of
19 June 2003; AS 2003 1949; BBl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960).

94 Adopted by the popular vote on 9 Feb. 2003, in force since 1 Aug. 2003 (Federal Decree
of 4 Oct. 2002, Federal Council Decree of 25 March 2003, Federal Decree of
19 June 2003; AS 2003 1949; BBl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960).

95 Repealed by the popular vote on 9 Feb. 2003, with effect from 1 Aug. 2003 (Federal
Decree of 4 Oct. 2002, Federal Council Decree of 25. March 2003, Federal Decree of
19 June 2003; AS 2003 1949; BBl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960).

96 Adopted by the popular vote on 9 Feb. 2003, in force since 1 Aug. 2003 (Federal Decree
of 4 Oct. 2002, Federal Council Decree of 25 March 2003, Federal Decree of
19 June 2003; AS 2003 1949; BBl 2001 4803 6080, 2002 6485, 2003 3111 3954 3960).