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Law B > Lecture 4: Democracy > Flashcards

Lecture 4: Democracy Flashcards

(62 cards)

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1
Q

What is the core principle of democracy?

A

All state power is based on the will of the people.

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2
Q

What are the two main characteristics of a democratic political system?

A

Popular self-determination and public control over political power.

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3
Q

Define democracy.

A

A form of government in which all citizens participate equally—either directly or through elected representatives—in political and legal decision-making.

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4
Q

What are the three basic forms of democracy?

A

Direct democracy, semi-direct democracy, and representative democracy.

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5
Q

What is an autocracy?

A

A government where power is held by one person or group without legal constraints or popular control.

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6
Q

What distinguishes direct democracy?

A

Citizens vote directly on policy issues; no parliament is involved in its ideal form.

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7
Q

What is semi-direct democracy?

A

A representative democracy with elements of direct participation, such as referendums and initiatives.

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8
Q

What is representative democracy?

A

Citizens elect representatives who make policy decisions on their behalf.

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9
Q

Key feature of parliamentary democracy (e.g., UK, Germany)?

A

Close integration between legislature and executive; parliament can dismiss the government.

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10
Q

Key feature of presidential democracy (e.g., USA)?

A

Clear separation of powers; president serves fixed term and cannot dissolve parliament.

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11
Q

Who is the head of state in parliamentary vs presidential systems?

A

Parliamentary: separate head of state (symbolic); Presidential: president is both head of state and government.

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12
Q

What type of democracy is Switzerland?

A

Semi-direct and consensus-oriented.

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13
Q

What is the highest authority in Switzerland?

A

The Federal Assembly (legislative), subject to the rights of the people and cantons.

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14
Q

Who elects the Federal Council in Switzerland?

A

The United Federal Assembly.

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15
Q

What are political rights in Switzerland?

A

Rights enabling citizens to participate in elections and policy decisions (e.g., vote, referendum, initiative).

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16
Q

What is the right to vote in Switzerland?

A

Participation in elections and popular votes, including signing initiatives and referenda.

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17
Q

What is “aktives Wahlrecht”?

A

The right to vote in National Council elections.

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18
Q

What is “passives Wahlrecht”?

A

The right to stand for election to federal offices.

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19
Q

Who is eligible to vote or be elected?

A

Swiss citizens over 18, with legal capacity.

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20
Q

What is a popular initiative?

A

A tool allowing citizens to propose constitutional amendments via signature collection and popular vote.

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21
Q

What conditions must a valid initiative meet?

A

Consistency in form and subject, respect for ius cogens, and practical implementability.

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22
Q

What is the political function of an initiative?

A

Gives citizens control over the political agenda, especially when authorities ignore certain issues.

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23
Q

What is a mandatory referendum?

A

Automatically required by law for key constitutional decisions (e.g., amendments, joining the EU).

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24
Q

What does a mandatory referendum require?

A

Double majority: people and cantons.

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25
What is an optional referendum?
A referendum triggered by a petition from citizens or cantons, used to challenge legislation.
26
What is the political function of a referendum?
A veto tool, encouraging inclusive decision-making.
27
What are the three branches of the Swiss government?
Federal Assembly (legislative), Federal Council (executive), Federal Supreme Court (judicial).
28
What is the composition of the Federal Assembly?
National Council (200 members) and Council of States (46 members).
29
What principle governs the Federal Council?
Collegiality—decisions are made jointly, regardless of party views.
30
What is the role of the Federal Supreme Court?
The highest judicial authority for civil, criminal, administrative, and constitutional cases.
31
What are its core functions?
Interpret the constitution, ensure legal unity, and provide final judicial protection.
32
How are judges elected?
By the United Federal Assembly for a term of six years.
33
What democratic tools exist at the cantonal level?
Mandatory referenda, legislative referenda, popular initiatives (even for legislation), and recall votes.
34
Can people elect cantonal officials?
Yes; in many cantons, voters elect executives, judges, and prosecutors.
35
What are the three levels of Swiss citizenship?
Swiss, cantonal, and communal.
36
What principle primarily governs Swiss citizenship?
Ius sanguinis (by descent).
37
What are requirements for naturalization?
10 years of residence (with conditions), integration, local language, and communal approval.
38
Who qualifies for simplified naturalization?
Spouses, third-generation immigrants, stateless persons, etc.
39
How can Swiss citizenship be lost?
By decree (renunciation or national interest violation) or automatically under specific conditions.
40
What is the constitutional status of social objectives?
Non-justiciable guidelines for authorities.
41
What are key social rights?
Right to assistance, child protection, and free basic education.
42
What is the principle of the division of powers in Switzerland?
It is an unwritten but essential constitutional principle dividing power among the legislative, executive, and judicial branches.
43
What are the three branches of the Swiss government?
Legislative: Federal Assembly Executive: Federal Council Judicial: Federal Supreme Court
44
What is the Federal Assembly?
The highest authority in the Swiss Federation, subject to the rights of the people and the cantons.
45
Is the Federal Assembly unicameral or bicameral?
Bicameral – composed of the National Council and the Council of States (Art. 148 para 2 Cst)
46
What are the key features of the National Council?
200 members Represents the people Democratic element Elected by proportional representation (Art. 149 Cst)
47
What are the key features of the Council of States?
46 members Represents the cantons Federal element (Art. 150 Cst)
48
What is the United Federal Assembly?
Joint deliberation of both chambers under the President of the National Council (Art. 157 Cst)
49
What are the powers of the Federal Assembly?
Legislation (Art. 163 et seqq. Cst) Finances (Art. 167 Cst, Art. 25 ParlA) Elections (Art. 168 Cst, Art. 130 et seqq. ParlA) Supervision (Art. 169 Cst, Art. 26 ParlA) Foreign Policy (Art. 166 Cst, Art. 24 ParlA)
50
What are special features of the Federal Assembly?
Milizsystem: Members have other professions Prohibition of voting instructions (Art. 161 Cst) Public meetings (Art. 158 Cst) Immunity (Art. 162 Cst) Parliamentary committees (Art. 153 Cst) Parliamentary groups (Art. 154 Cst, Art. 61 ParlA)
51
What is the Federal Council?
The supreme governing and executive authority of the Federation (Art. 174 Cst)
52
How is the Federal Council composed and elected?
7 members Equal standing Elected by the United Federal Assembly (Art. 157 Cst, Art. 132 ParlA) Term of office: 4 years Follows the magic formula Represents geographic and linguistic diversity (Art. 175 Cst)
53
What principle governs the Federal Council’s decisions?
The principle of collegiality (Art. 177 para 1 Cst)
54
Who is the President of the Federal Council?
A primus inter pares (first among equals)
55
How is the Federal Administration organized?
7 Departments, each headed by a Federal Councillor (Art. 178 para 2 Cst) Departments contain offices and are supported by general secretariats
56
What are the powers of the Federal Council?
Government policy administration (Art. 180 para 1 Cst) Legislation (Art. 181, 182 para 1, 184–185 Cst) Finances (Art. 183 Cst) Foreign policy (Art. 184 Cst) Further duties (Art. 187, 180 para 2 Cst)
57
What is the Federal Supreme Court?
The supreme judicial authority of the Swiss Federation (Art. 188 Cst)
58
What is its jurisdiction?
Civil, criminal, administrative, and constitutional cases Court of last instance (Art. 189 Cst)
59
What is Art. 190 Cst about?
The court applies federal acts and international law—limited judicial review
60
How is judicial independence ensured?
Guaranteed by the Constitution (Art. 191 Cst)
61
How is the Federal Supreme Court composed?
35–40 full-time judges 7 divisions (Art. 188 para 3 Cst) Term: 6 years (Art. 145 Cst) Elected by the United Federal Assembly (Art. 168 Cst)
62
What are the duties of the Federal Supreme Court?
Protection of the constitutional order Guarantee legal unity in the Federation Interpret the constitution and legal acts Provide judicial protection as the court of last resort

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