Democracy Versus the Rule of Law in Switzerland and the United States

Ernst Juerg Weber
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Ernst Juerg Weber: Department of Economics, University of Western Australia, http://www.web.uwa.edu.au/person/ernstjuerg.weber

No 25-06, Economics Discussion / Working Papers from The University of Western Australia, Department of Economics

Abstract: Switzerland has a limited form of constitutional jurisdiction, restricting the Federal Supreme Court's ability to review the constitutionality of federal laws. Instead, direct-democratic mechanisms like popular initiatives and referendums ensure that government policy reflects the will of the people. This article contrasts the Swiss constitutional tradition with that of the United States, highlighting key constitutional challenges, such as judicial review, in the U.S. policy-making process. The success of a constitution depends on an informed electorate willing to engage in open and respectful debate.

Keywords: democracy; rule of law; referendums (search for similar items in EconPapers)
JEL-codes: D72 K10 K30 (search for similar items in EconPapers)
Pages: 50
Date: 2025
Note: MD5 = b031821f2a48692c65dd99403c54203f
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