Ss Cyril and Methodius University in Skopje, Faculty of Law Iustinianus Primus, Skopje
Abstract
Switzerland is a country which practices original democracy, as per the scope of federalism on the one hand, so to the meaning of the referendum on the other1. The Swiss Federation is made up of the cantons and the citizens2. The direct participation of the cantons and the citizens in affairs which are in the competences of the Federation is accomplished through two key institutions: the Federal Assembly and the referendum. The Federal Assembly is the supreme legislator at the federal level and the highest authority in Switzerland. The Swiss bicameral system was created after the model of the United States. What distinguishes this model from the model of the United States and its differentia specifica is the equal powers at the disposal of both houses of Federal Assembly. Thus, in the exercise of the legislative function, i.e. the adoption of federal laws, both houses are completely equal.laws shall be deemed adopted only if they are adopted in both houses. Following the American experience on one side and remaining consistent to its own tradition of practicing direct democracy on the other side, Switzerland creates a model of legislative procedure which today represents a successful cocktail of simple parliamentary procedure and possibility for direct participation of the citizens in the legislative process. Thus, Kelzen’s postulate that “the creation of state will is not a function only of the state personality, but it should be marked as a social process which includes all factors that participate in the legislation”3, is deemed that relates best to the Swiss model of legislative procedure. It will not be a mistake to say that this model enables the highest possibility for direct participation of the citizens in the legislative process. Today, the Federal Assembly as the highest legislative authority in the Swiss Confederation and the citizens and the cantons, through the facultative legislative referendum, represent equal partners in the initiation, forming and the passing of the federal laws
