Maya Hertig Randall

Taming the Demos through Courts? The Example of the Swiss Deportation Initiative

  • Abstract

Informations and abstract

Keywords: Constitutional Amendments; Direct Democracy; Popular Initiatives; Human Rights; Rule of Law; Judicial Review.

Since the beginning of the new millennium, Swiss citizens have accepted a series of constitutional amendments initiated by the people (via so-called popular initiatives) which clash with the rule of law and human rights. Against this backdrop, the present contribution examines the possibilities and limits of the judiciary to tame the excesses of direct democracy in the Swiss political and constitutional context. Using the «deportation initiative» as a case study, it concludes that the role of the judiciary is limited but nevertheless significant. «Taming the demos» requires the collaboration of all the branches of government, civil society and political parties.

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