Contents page 1 — Why is Switzerland the international law in question? Page 2 — the Power of The people put absolutely On a page
On Sunday read the Swiss decide on one of the most radical people’s initiatives in its history. This is not the whimsical desire, the calls for government support for farmers who let their cows the horns grow. What is meant is the so-called self-determination initiative. Submitted to the national-conservative SVP, the voters most powerful force in the country. The Initiative calls for: The national law should be more powerful than the international, as the international law.
Finds the people desire the majority of the Swiss people and the cantons, would have not only have far-reaching consequences for the country itself, but for the whole of Europe Switzerland, which sees itself as a showcase of democracy, would be the model for autocratic governments such as that of Vladimir Putin in Russia and Recep Tayyip Erdoğan in Turkey. And you will be celebrated of all the European right-wing populists is: from the Polish PiS, the Austrian FPÖ to the AfD.
How come? The issues the Initiative raises, and the Concerns that you articulated, meet with the political Zeitgeist.
As the American President Donald Trump last September before the UN General Assembly speech, he sounded like the campaign Manager of the SVP-Initiative: “America will prefer the independence and collaboration of a global government, control and domination.” Trump’s claim that “control back”, which translates to the SVP with the “self-determination”. The party of billionaire Christoph Blocher wants to keep Switzerland out of multilateral organisations as possible to get out, and instead, through a network of bilateral agreements with other countries link. To decide, the people.
The Initiative is directed against a feeling of helplessness in the face of a world in which the National, loses the Self-determined, compared to the International, the alleged foreign destination, more and more influence. In the “Autonomous decision-making possibilities, as opposed to mere consultation at the international level, lose ground,” as the Zurich international law-Professor Oliver Diggelmann formulated. The Initiative represents optionally against a Swiss, European or global Elite. Against judges who create law that never had to exist in a Parliament or in a referendum.
One of the international organisations to which the SVP has been injected, the European court of human rights (ECtHR) and the out put of the European Convention on human rights (ECHR). This occurred in Switzerland in 1974, in force, and until today – very rare – condemnation of Switzerland by the Strasbourg judges for the political hustle and bustle. The “foreign judges” in Switzerland, a historic Topos: the brave confederates rebelled against foreign bailiffs. Where it’s easy to forget that at the ECtHR, Swiss, Richter speak right.
This article dates back to the TIME no 48/2018. Here you can read the entire issue.
This court brought the SVP in the first place to launch their self-determination initiative. In 2012, the highest court in Switzerland, the Federal court stated that it was bound in its Judgments to the ECHR. This was true even if the judgments were contrary to the Swiss Constitution.
In the specific case concerned the expulsion of a Mazedoniers. The young man criminal had become due and had to be deported, so at least it saw the SVP. After all, the people had approved in 2010 a decision, the legal hardness in the fight against criminal aliens. But the Federal judge ruled The deportation be exaggerated.