Switzerland – 2018 Review of Constitutional Law: The 'Globalization Paradox' in Constitutional Practice

Forthcoming, Global Review of Constitutional Law (Richard Albert, David Landau, Pietro Faraguna, and Simon Drugda, eds. I•CONnect & Clough Center for the Study of Constitutional Democracy at Boston College, 2019)

12 Pages Posted: 19 Mar 2019

Date Written: February 21, 2019

Abstract

Switzerland is the most globalized country in the world. Albeit being not a member of the European Union, it is closely linked to the latter by a densely knit network of bilateral treaties allowing, among other things, for free movement of persons. Switzerland furthermore undertakes to abide by the judgments of the European Court of Human Rights. The Court has construed the European Convention on Human Rights (ECHR) as “living instrument” expanding the ECHR in both scope and relevance. At the same time, the Swiss Federal Constitution is a “popular constitution”. All amendments to the Constitution are subject to a referendum. Such referenda are abundant: In 2018 alone, Swiss voters were called to the ballot box on four different occasions to vote on a total of eight constitutional draft amendments. Switzerland’s constitutional design therefore emphasizes popular sovereignty and democratic self-governance. Being a small and open economy, Switzerland is, at the same time, vulnerable to changes in its political, economic, and legal environment having only limited political clout to shape world markets and the rules and regulations thereof. Switzerland is thus often left with little choice but to flexibly adapt to changing circumstances. The inherent tensions between self-governance, democracy, and economic globalization, for which Dani Rodrik coined the term “globalization paradox”, are well known. Constitutional developments of the past year in Switzerland bear witness of this “globalization paradox”.

Keywords: Constitutional Law, Comparative Constitutional Law, Globalization, Globalization Paradox, Switzerland, European Convention on Human Rights, Direct Democracy, Popular Sovereignty, Small Open Economy, Targeted Sanctions, Dulimi, Nada

JEL Classification: K33, K19, K23, K40, F02

Suggested Citation

Reich, Johannes, Switzerland – 2018 Review of Constitutional Law: The 'Globalization Paradox' in Constitutional Practice (February 21, 2019). Forthcoming, Global Review of Constitutional Law (Richard Albert, David Landau, Pietro Faraguna, and Simon Drugda, eds. I•CONnect & Clough Center for the Study of Constitutional Democracy at Boston College, 2019), Available at SSRN: https://ssrn.com/abstract=3339556

Johannes Reich (Contact Author)

University of Zurich ( email )

Faculty of Law
Raemistrasse 74/8
Zurich, 8001
Switzerland

HOME PAGE: http://www.ivr.uzh.ch/en/institutsmitglieder/reich.html

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