National Governance

From a first reading of the accompanying Political Rights information, it may not be immediately evident how important the system of National Governance is to successful Direct Democracy (DD). The pervasive effect of what is sometimes referred to as the “background music” should not be underestimated. There is little doubt that for DD to function well, the current conflictual political model in Scotland and the UK (i.e. Government vs Opposition parties) is not optimal because it’s inherently unstable. Additionally, there are little or no constitutional safeguards against the appointment of inexperienced or, even worse, incompetent Ministers.

Under the current system, Governments and Ministers come and go over a relatively short period of time whereas National Governance is a long-term business. Ideally, therefore, DD would be implemented in a more consensual political environment possibly involving, as in many countries around the world, government by some form of coalition.

In this context, the Swiss governance format is virtually imposed by the People in the Constitution and, rather than speak of government by coalition, the accompanying video The Magic Formula emphasises government by consensus.

Switzerland’s system of National Governance is perhaps best summed up by the Federal Chancellor’s words in his introduction to “The Swiss Confederation – a brief guide 2023”:

“In Switzerland you don’t have to topple a government or dissolve Parliament to shift political course – all you have to do is stand on the street and gather signatures to trigger a referendum. Or, to put it more succinctly: other countries cling firmly to their constitution and change their governments. We hold on to our government and instead change the constitution.”

The video The Federal Council explains how the Swiss government operates – with seven Ministers, each one responsible for a government department – and demonstrates how a country can function perfectly well without needing either a Monarch, popularly elected President or Prime Minister.

I hope these pages will provide a useful contribution to the forthcoming debate on Scotland’s future system of National Governance.

National Governance

A framework for Scottish National Governance ?
(Article no. references are to the Swiss Constitution)
(Direct & Decentralised Democracy in blue, Parliamentary Democracy in red)

Process	Constitutional Basis
The People control the Constitution (Art. 138): 90,000 voters (2% of the electorate) may propose a totally new Constitution within 18 months from official publication of their Popular Initiative; a majority popular vote is required to approve the proposal. This is the cornerstone of Popular Sovereignty (Direct Democracy (DD)) through which new National or Regional Constitutions are developed (i.e. Constitutional Conventions).	Direct Democracy (People only)
*The People & Regions jointly control changes to the Constitution (Arts. 139 & 140*): 90,000 voters may also propose partial changes to the Constitution within 18 months; Depending on the level of detail in the Constitution itself, the subjects on which Popular Initiatives can be launched may vary considerably (in Switzerland the Constitution is very detailed and, therefore, Initiatives can be launched on virtually any subject). A double majority of People and Regions is required to approve such constitutional changes as well as those proposed by the Government including accession to international treaties. This is what is often referred to as Decentralised Direct Democracy (DDD).	Direct & Decentralised Democracy (People & Regions)
Parliament and Government draft legislation and statutory instruments: Parliament and Government draft laws and statutory instruments to implement approved Constitutional changes and other constitutionally defined business of government – and no more (residual power being vested in the Regions). This is a normal parliamentary process, similar to the UK, except that because the constitutionally defined seven member Swiss Government is elected by Parliament, the legislative process is much more consensual than in either Holyrood or Westminster where it is conflict-based. Switzerland has no Prime Minister but rather a Presidency which rotates annually among the seven members of government each of whom is responsible for a government department of which there are therefore only seven. The Ministers are selected / re-elected by Parliament (i.e. by the main Political Parties) every four years, based on their successful track record to date. Upon first appointment, Ministers are already nationally recognised as “Top Performers” (not necessarily as politicians) and “Sackings” are therefore extremely rare (only four since 1848).	*Parliamentary Democracy*
The People & Regions control Parliament and Government (Art.141): 45,000 voters (1% of the electorate) or any three Regions may launch a Referendum to contest all proposed legislation or certain statutory instruments within 100 days from official publication of the Bill approved by Parliament; a majority popular vote is required to approve or reject proposals. This is similar to the Scottish Salvo, except that the right to a Swiss referendum operates at the time of publication of each proposed law or instrument unlike Salvo whereby, “from 1592-1707, the Scottish Parliament acknowledged the sovereignty of the people – the higher authority – by offering ‘Salvo’ at the end of every session: anyone could challenge parliamentary legislation that prejudiced their civil rights or freedoms.” (Sara Salyers “This is our Claim of Right” Salvo©2022).	Direct & Decentralised Democracy (People & Regions)