Answer Sheet Answer 2: When it comes to direct democracy, Switzerland is usually cited as the country that is the closest to having a directly democratic ystem of government. Although Switzerland retains features of a representative democracy (e.g. it has an elected Parliament), various forms of dit ct democracy are used frequently at national, cantonal and local (commune) level. This case study focuses on the mechanisms and use of Switzerland's direct democracy. Switzerland is a federative state with 26 cantons (individual constituent states) and around 2,740 communes. Swiss voters have the right to cast their votes at the federal, cantonal and local levels. Om average, four times a year there are referendums at all three levels. Numerous different direct democracy mechanisms can be used at federal level in Switzerland, The mechanisms fall into two broad categories: referendums and initiatives - there is no provision for use of the recall in Switzerland. Each mechanism can be used to achieve different results, and has different design features, Power of referendum: All Swiss citizens, whether living in Switzerland or abroad, who have reached the age of 18 and who are not disqualified on grounds of mental incapacity are entitled to vote in referendums (article 136 of the Swiss federal constitution). There are no quorum requirements such as a turnout quorum for a referendum to be valid, The outcome of a referendum — be it an optional or a mandatory, the two kinds of referendum, is always binding as well. 1) Mandatory Referendum: The first type of direct democracy mechanism is the mandatory re endum, ie, a referendum that the government must call in relation to certain important political issues. These are: a. In the event of a total or partial revision of the federal constitution;b.to join a collective securi organization (e.g. the United Nations) or a supranational community (e.g, the EU); or ¢. to introduce urgent federal legislation without the required constitutional basis and which will be in force for longer than a year. Such a decision requires the approval of both a popular majority and the majority of the cantons, A popular majority means a simple majority of those voting. A majority of the cantons is achieved when the popular vote has been in favour of the proposal in a majority of cantons. A referendum is also mandatory: a, for citizens’ initiatives aimed at a total revision of the federal constitution; b. for citizens’ initiatives aimed at a partial revision of the federal constitution which ‘were presented as a general proposal and have been rejected in the Federal Assembly; and ¢. in order to reach a decision where the Federal Council (the government) and the National Council and the Council of States (the parliament) have disagreed as to whether a total revision of the federal constitution should take place or not. In the latter three cases, the referendum is decided by a simple majority of the voters. 2) Optional referendums: This, unlike the mandatory referendums, can be held in relation to new or amended federal acts and/or international treaties. The optional legislative referendum is held in relation to all federal laws and urgent federal laws which are due to be valid for more than a year. The optional referendum on international treaties is held in relation to international treaties that are of unlimited duration and may not be terminated, and international treaties that provide for membership of international organisations or contain legislative provisions that have to be implemented by enacting federal laws. Optional referendums are called if $0,000 signatures are collected in support of a referendum within 100 days, or if eight cantons request a referendum, and pass with a popular majority. Until 2004, an optional referendum has never been successfully requested by a group of cantons; the first referendum initiated by the cantons was held on 16 May 2004.Initiatives can be used to propose changes to the federal constitution. Once an initiative is filed, a specified number of valid signatures (i. . signatures of registered yoters) are required in order to force the Federal Council and Parliament to consider the initiative and to hold a referendum on the initiative proposal Amendments to the constitution can be proposed using two different initiative mechanisms. The popular initiative for a partial revision of the constitution provides voters with the opportunity to propose a draft revision to part of the federal constitution. 100,000 voters must sign an initiative in order for a referendum to be held on the proposal. The popular initiative for a total revision of the constitution also requires the support of 100,000 voters in an initiative, In both cases, the signatures must be collected within 18 months of the initiative being filed. From late 2006, the general popular initiative will be available to Swiss voters. This ‘mechanism can be used to force a referendum on the adoption of a general proposal that will be incorporated on a constitutional and/or legislative level, providing that 100,000 signatures are collected in support of the initiative. Until 2006, initiatives in Switzerland can be submitted as a general proposition or in the text that would be adopted if the initiative measure is successful. However, after the implementation of the general popular initiative, the popular initiative for a partial revision of the constitution will only be accepted in the form of a written text proposition (general propositions in relation to the constitution should be made using the general popular initiative). In response to initiatives which meet the required signature threshold, the Swiss Parliament advises the people on whether to adopt or reject the proposal. In addition, the government is also able to formulate a counter- proposal that is included on the ballot. The "double-yes" vote allows voters to approve both the original initiative and the government’s response to it, and indicate which of the two measures they prefer. The measure which receives the most support is passed. Opinion: Experience in Switzerland has shown that initiatives and referendums can be fully integrated into the political system in a way that enhances democracy at all levels, In recent years, referendums have dealt with subjects such as immigration, geneticallymodified foods, health care, taxes and transport, to mention only a few of the many subjects which have been treated in citizens” initiatives or other types of popular vote. But how do Swiss citizens feel about this democratic system, which relies on greater involvement from the electorate? Direct democracy has a curious effect on voter turnout — it scems the more of a voice people have, the less often they turn out to vote. Undoubtedly, direct democracy has played a key role in shaping the modern Swiss political system. Yet it is important to question the actual impact of direct democracy ues that, in other countries, are the responsibility of elected representatives. On one reading, it could be argued that the impact has been limited: in the first century of using the initiative (1891-2004), just 14 initiatives were passed in Switzerland, Yet to consider this statistic alone ignores the considerable, indirect impact of direct democracy. Although the majority of initiatives fail, the fact that there has been an initiative, and therefore a campaign, increases publicity surrounding the issue in question and public knowledge of it. This may well increase pressure on the government to introduce measures dealing with the issue, even if it is not required to by virtue of a successful referendum, An initiative might therefore be successfill in achieving some of its proponents’ aims, even if it is not successful in the sense of having passed. This trend explains why many initiatives are filed but subsequently withdrawn; because sometimes a government chooses to act before an initiative reaches the referendum stage. A further impact of the direct democracy mechanisms within Switzerland is that the government is forced to seek a wider consensus about the statutory (and constitutional) measures that it seeks to introduce than is the case in a purely representative system, In a representative system, the party of government may, in the absence of a large majority, have to develop cross-party consensus on an issue in order to ensure that the measure is approved. In the Swiss system, the possibility of an optional referendum forces the government to ensure consensus with groups outside of Parliament so as to prevent the possibility of such groups seeking to overturn the new legislation. Conversely, the significance of direct democracy in the Swiss system is often cited as the reason for the weakness of Swiss political parties and the relatively lowsignificance attached to normal elections. This is because, given the prominence of direct democracy, political parties are not solely responsible for controlling the federal ies on which agenda. In addition, direct democracy often raises cross-cutting is members of political parties might not be in agreement, Answer 3: ntroductioi The United States Senate is the upper chamber of the United States Congress. The framers of the American Constitution gave it not only to coordinate authority in certain the legislative, executive and financial matters but conferred upon its special powers which are not enjoyed by any second chamber of the world.On account of its special powers, the Senate has become the most remarkable invention of modern politics. The United States Senate comprises of 100 members Each of the 50 states in the US sends two Senators. The States sends two Senators on the basis of equal representation irrespective of size and population, The term of the United States Senate is six years. 1/3 (One third) of the United States Senate retired every two years. The retiring Senators are eligible for re-election. The Senate has a continuous life as it will never dissolve as a whole, similar to that of rajya sabha in India. Powers of the Senate in Brief; The Senate enjoys equal and co-ordinates legislative authority with the House of Representatives. Its amending power is so wide that it ean insert new proposals by striking out everything from a Money Bill. Thus, this almost equal to the origination of a new money bill. Moreover, there is no time limit for the Senate to pass the money bill. As regards the ordinary legislation, the legislative history of the congress shows that the Senate has originated more important legislations than the house of representatives, bill becomes law only when agreed by the President after having passed in both the houses. In case there is a difference between the two houses, a conference committee that consists of 3-9 members from each house is constituted to resolve the deadlock. Even in this compromised committee, the Senate has every prospect of out-witting themembers of the other house by sheer advantage of greater political skill and superior bargaining capacity. ‘The Senate also checks the President by having the power to approve or not approve the treaties he makes with other nations. The Senate approves the appointments that the President makes to his Cabinet, ambassadors, federal judges, and all civilian employees of the government who are not covered by another area. As per the constitution of the United States of America, the Senate has the sole power to try all impeachment. The House of Representatives and the Senate can impeach the President, the Vice President, and other high-ranking officials. When the Senate acts as the court of impeachment, it is considered the highest court preside over by the Chief Justice of the Supreme Court. With the consent and advice of the Senate, the President can appoint judges of the Supreme Court. ‘The Most Powerful Second Chamber in the World: ‘The Senate is the most powerful 2nd Chamber in the world because of the following points: 1) The Structural advantage Unlike other second-chambers in the world like the British House of Lords, Indian Rajya Sabha, Swiss Council of States and French Senate, the US Senate is democratically constituted and directly elected. The system of popular election of the US Senators as well as the equality of representation of the states in it has contributed to strength, dignity, and vitality of the US Senate. mparison to other ‘The other second chambers in the world are inferior to the lower houses in their respective countries. Thus, the US Senate is clearly more powerful than the House of Representatives. As a legislative body, the House of Lords in the United Kingdom can delay a non-money bill only for a year but cannot veto it. In India, though the Rajya Sabha has equal law-making power with the Lok Sabha, but the joined session method of conflict resolution between the two houses favors the Lok Sabha, However, the joined conference committee method of conflict resolution between the Senate and the House of Representatives in the USA almost always favours the former. TheUS Senate enjoys a superior position even in matters of controlling the finances of the country. Exeept for the limitation that money is not introduced in it, US Senate has every power to modify and change the contents of a money bill. There is also no time limit for it to pass the money bill. However, the House of Lords in the United Kingdom has one month and the Rajya Sabha in India has 14 days, within which they have to pass the money bill. Countries of other second chambers have little direct control over the executive which is responsible for the lower house in their respective countries. The US Senate, on the other hand, exercises direct control over the appointments and treaties made by the President. Besides this, the US Senate’s role in impeachment is very effective and deterministic 3) Investigative power The US Senate has not only created an instrument of supreme power in the hands of a few powerful leaders, It has also in some way undermined the system of separation of powers and checks and balances so masterly devised by the founding fathers and so zealously safeguarded by the Supreme Court. This may result in the possibility of a tyranny of the upper chamber. Such is the power of the US Senate which is unparalleled by any other second chamber. Trial of Impeachments: The Constitution makes the Senate the sole court to try all impeachments. The Constitution-makers were impressed by the impeachment procedure in England and so they provided for it in the American Constitution as well. Impeachment in America ivil officers of the United can be made against the President, Vice-President and all States for treason, bribery or other misdemeanors. The impeachment charges are framed by the House of Representatives. A member of the House makes an accusation from the floor of that body. A Committee of the House is appointed to investigate the charges. If the Committee recommends that the impeachment should be proceeded with, the House passes a resolution and prepares the articles of impeachment. These are then transmitted to the Senate which has no option but to hear these charges by sitting as a court. A two-thirds vote of the Senate is required for conviction, The punishment which the Senate ean impose is removal from office and disqualification from holding a civil office ever again under the national Government, There is no appeal or pardon once penalty by impeachment has been inflicted.4) Long Tenure with High Power and Functions The small size, long tenure, important function and powers, higher age requirement, and the provision of check over the executive have put the US Senate in a position of advantages over others Senate. As a result, the US Senate has become more prestigious and honor to become its members. 5) Greater Freedom of Speech ‘The US Senate enjoys the freedom of speech than the members of any other second chamber in the world. Discussion and debates in the house are lively and dynamic. It can elicit nation-wide interest and attention. Its opinion is reckoned even by the President. The United States Senate transacts its business mainly through the various committees appointed at the beginning of a new session of congress. Some of the most vital committees are ~ finance, foreign relations, interstate commerce, etc. All issues before the Senate are referred to as the relevant committees for opinion and advice, A Senator cannot be a member of more than two committees together, The Senate as chairman head these committees. There is greater freedom of debate in the Senate. Generally, a Senator can speak on a particular bill for any length of time. A minority of Senators may willfully misuse the privilege of unlimited freedom of speech with a view of delaying and even preventing passage of a bill 6) Solidarity and Unity of the Senate. Another factor that adds to the power and prestige of the US Senate is its solidarity and unity. Unlike in other second chambers, its members stand as one unit. Thus, an attack on its authority, its rights, and tradition raise a storm of protest from all Senators, irrespective of party al Conclus ‘Thus, the position of the US Senate as an Upper House is unprecedented. The Senate in the US has succeeded in effecting the chief object of the father’s constitution. This, can be summarized from its powers of creation of a centre of gravity in the government, an authority able to correct and check the democratic recklessness of the House of Representatives, the Monarchical ambitions of the president. The US Senatehad added to its strength and prestige. Hence, it is not only the most powerful second chamber but also one of the most powerful legislative assemblies in the world.