Box 3.5 The actors: from majority rule to power-sharing

In 1848 all legislative powers were concentrated in parliament. The radicals, with an absolute majority in both houses, determined the rules of the game.

The referendum (1874) and the popular initiative (1891) enabled the people to intervene directly in the legislative process. In the bicameral parliament as well as in the obligatory referendum, the required double majority brings in the federative element, thus giving power-sharing a vertical dimension.

The referendum developed into an instrument to oppose the government and was used by political parties and economic interest groups. From 1891 onwards, conservatives (1891), the Swiss People's Party (1929) and the social democrats (the first time in 1943) were integrated through membership of the Federal Council. Economic and social organisations in the 1930s became so powerful that they were able to block the legislative process through the referendum. The situation led to the use of the urgency clause and the emergency power by the federal authorities in times of economic and political crisis.

After 1947, when a constitutional amendment recognised economic interest groups as participants in the decision-making process, the preparliamentary process became important. Organised interests were offered participation in committees of experts and the consultation procedure. Here, preceding parliamentary deliberation, compromise is sought through negotiation. The procedure reduces the risk of referenda challenges.

With the growth of social and economic activities of the federation after the Second World War, the Federal Administration has acquired greater political influence for two reasons. First, it has its own experts, who often direct the preparliamentary process. Second, it has all the feedback knowledge of implementation which often stimulates proposals for legislative reform.

The Federal Council intervenes after the preparliamentary procedure. The Council revises the bill, which is then called a 'project of the Federal Council'. Yet the Council's role should not be underestimated; it controls most elements of the procedure (priorities of different projects, nomination of experts, time schedule and soon).