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The Landsgemeinde
Landsgemeinde
(German: [ˈlantsɡəˌmaɪndə]) or "cantonal assembly" is a public, non-secret ballot voting system operating by majority rule, which constitutes one of the oldest forms of direct democracy. Still at use – in a few places – at the subnational political level in Switzerland, it was formerly practiced in eight cantons. For practical reasons, the Landsgemeinde
Landsgemeinde
has been abolished at the cantonal level in all but two cantons where it still holds the highest political authority: Appenzell
Appenzell
Inner Rhodes and Glarus. The Landsgemeinde
Landsgemeinde
is also being convened in some districts of Appenzell Inner Rhodes, Grisons
Grisons
and Schwyz
Schwyz
to vote on local questions. The German term Landsgemeinde
Landsgemeinde
itself is attested from at least the 16th century, in the 1561 dictionary of Pictorius. It is a compound from Land "land, canton; rural canton" and Gemeinde "community, commune". Eligible citizens of the canton or district meet on a certain day in the open air to decide on specific issues. Voting is accomplished by those in favor of a motion raising their hands. Historically, or in Appenzell
Appenzell
until the admission of women, the only proof of citizenship necessary for men to enter the voting area was to show their ceremonial sword or Swiss military sidearm (bayonet); this gave proof that you were a freeman allowed to bear arms and to vote. The Landsgemeinde
Landsgemeinde
has been the sovereign institution of the Swiss rural cantons since the later Middle Ages, while in the city-cantons such as Lucerne, Schaffhausen, or Bern, a general assembly of all citizens was never established. Similar assemblies in dependent territories were known under terms such as Talgemeinde (for Talschaften, used in Ursern, Hasli, Obersimmental), Teding (Engelberg), Parlamento (Leventina), Zendgemeinden (for the Zenden or districts of Valais), but also as Landsgemeinde
Landsgemeinde
in Toggenburg
Toggenburg
and in parts of Grisons.[1]

Contents

1 Definition

1.1 Structure 1.2 Subject of the votes

2 History

2.1 Origin 2.2 Evolution and current situation

3 Related political paradigms and criticisms

3.1 Direct democracy 3.2 Ochlocracy

4 See also 5 References 6 Bibliography

Definition[edit] Structure[edit] At the Landsgemeinde, citizens of a district or canton assemble annually in a public space under open sky to vote on a series of ballot questions. Depending on the canton, they raise their hand or voter identification card to either accept or reject the motion, which constitutes a non-secret ballot. Decision is taken by majority rule, and in case of incertitude, the Landammann estimates on which side the majority falls with the help of his colleagues from the communal council. The duration of the Landsgemeinde
Landsgemeinde
varies significantly between the two cantons that still convene it. In Glarus, because of the high level of deliberation and possibility for citizens to propose an amendment of an existing law article or the introduction of a new one, the Landsgemeinde
Landsgemeinde
lasts between 2 and 4.5 hours on average. In Appenzell Inner Rhodes on the other hand, deliberation is limited, thus the Landsgemeinden usually end after 1 to 2.5 hours.[2] Subject of the votes[edit] Symptomatic of the federalist system of Switzerland,[3] the Landsgemeinde
Landsgemeinde
differs in the scope of its usage from canton to canton. The legislative power is concerned both in Appenzell
Appenzell
Inner Rhodes and Glarus, where the Landsgemeinde
Landsgemeinde
can be used to implement laws or modify the cantonal constitution. In Appenzell
Appenzell
Inner Rhodes, the Landsgemeinde
Landsgemeinde
can also cover governmental issues,[4] while in Glarus tax laws are regulated by Landsgemeinde
Landsgemeinde
decision and alternative legislative counter-proposals (‘constructive referendums’) can be formulated by the citizens and voted on this occasion.[5] In none of the two cantons is the Landsgemeinde
Landsgemeinde
used to elect the parliament.[6] History[edit] Origin[edit]

Die Landsgemeinde, fresco in the Federal Palace of Switzerland
Switzerland
by Albert Welti
Albert Welti
and Wilhelm Balmer

The Landsgemeinde
Landsgemeinde
assembly is a tradition with continuity back to the later Middle Ages, first recorded in the context of the formation of the Old Swiss Confederacy. The tradition ultimately continues the Germanic thing, although not uninterruptedly, as the Alamanni
Alamanni
had lost their independence to the Frankish Empire
Frankish Empire
in the 8th century, but re-emerging in territories with imperial immediacy since the 13th century. The first Landsgemeinde
Landsgemeinde
proper is attested for Uri in 1231; however, these early assemblies grew as it were seamlessly out of the older institution of blood courts (assemblies with the purpose of dispensing judgement on criminal offenses, see high justice). The Middle Latin texts when recording a Landsgemeinde
Landsgemeinde
usually express this by making universitas "the universality", or communitas hominum "the community of men" of a certain canton the subject of a sentence (see, for example, the Federal Charter of 1291), in order to emphasize that the decision was made by the community (direct democracy) rather than by a political elite. In the Old Swiss Confederacy, the existence of a Landsgemeinde
Landsgemeinde
was the defining feature of the rural cantons (Länderorte, as opposed to the city-cantons). These Cantons were: Uri, Schwyz, Unterwalden
Unterwalden
(the forest-cantons), Glarus and Appenzell
Appenzell
and Zug. Zug
Zug
took an intermediate position, as it was a city-canton which due to the existence of a Landsgemeinde
Landsgemeinde
was also counted under the rural cantons. With the formation of Switzerland
Switzerland
as a federal state, the formerly sovereign cantonal assemblies became subject to federal law, and the Landsgemeinden came to be seen as anachronisms. Evolution and current situation[edit]

2013 Landsgemeinde
Landsgemeinde
in Glarus

The usage of the Landsgemeinde
Landsgemeinde
was progressively abandoned at the cantonal level through the 19th and 20th century. Indeed, Zug
Zug
and Schwyz
Schwyz
jettisoned it in 1848, followed by Uri in 1928. Nidwalden
Nidwalden
in 1996, Appenzell
Appenzell
Outer Rhodes in 1997 and Obwalden
Obwalden
in 1998 abolished their cantonal Landsgemeinde
Landsgemeinde
by secret ballot votes. Currently, Appenzell
Appenzell
Inner Rhodes, which rejected in 1991 by Landsgemeinde
Landsgemeinde
the abolition of this institution, and Glarus are the only remaining cantons to use this form of direct democracy. Beside the 1991 vote of Appenzell
Appenzell
Inner Rhodes, the usage of the Landsgemeinde
Landsgemeinde
has since then never been questioned in these two cantons, which suggests that citizens are attached to their institution. Moreover, turnout rates remained constant in the last 50 years both in Appenzell
Appenzell
Inner Rhodes and in Glarus. In the latter canton a participation record of 50% was even recorded in 2001.[6] The Canton of Glarus
Canton of Glarus
recently introduced measures to encourage participation at the Landsgemeinde. In 2007, participation was extended to citizens aged 16 and older, which constitutes an exception in Switzerland.[7] Likewise, each year on the day of the Landsgemeinde, participants can use all public transports of the canton for free. In Appenzell
Appenzell
Inner Rhodes and Glarus, the modernization of the institution, for example through the potential introduction of electronic vote-counting systems is debated, but no political party is opposed to the maintenance of the Landsgemeinden.[2] Besides the cantonal assemblies, the Swiss Confederation is supporting various projects inspired by the Landsgemeinden and built on the same ideas. For instance, the 4th Cyber- Landsgemeinde
Landsgemeinde
was organised on April 6, 2016 in Bern, with the aim to use democratic deliberation to foster reflections and find solutions related to the topic of cyber-security.[8] Likewise, the urban municipality of Kloten implemented in 2012 a version of the Landsgemeinde
Landsgemeinde
to deliberate on the allocation of funds to local projects, which enabled for example the construction of a new Kindergarten.[9] Related political paradigms and criticisms[edit] Direct democracy[edit] The Landsgemeinde
Landsgemeinde
forms one of the pillars of the direct democratic core of the Swiss political structure. Even if its use has sharply decreased in the past century, it is still considered as a characteristic institution of the Swiss democracy and is generally considered as a participative and inclusive democratic practice. However, while participation is according to the cantonal constitutions not only encouraged but also required as part of the civic duty of the concerned individuals, it is unclear if the Landsgemeinde
Landsgemeinde
offers better inclusivity and fosters a higher level of participation than the more traditional secret-ballot voting methods.[10] Paul Lucardie (2014) notes for example that: Evidence suggests that attendance at assemblies in Appenzell
Appenzell
and Glarus, as well as most town meetings in Vermont and possibly also in ancient Athens, has always been limited to roughly twenty per cent of the citizenry.[11] Moreover, the inclusion of women was until recently one of the main concerns for the inclusivity of the Landsgemeinde. Up to 1991, women weren't allowed in the Landsgemeinde
Landsgemeinde
in the canton of Appenzell
Appenzell
Inner Rhodes, which was the last canton of Switzerland
Switzerland
to grant women the right to vote, making it an exceptionally late introduction of women's suffrage for a European country.[12] Ochlocracy[edit] There have been suggestions placing the Landsgemeinde
Landsgemeinde
system in the vicinity of "ochlocracy" or "tyranny of the majority".[clarification needed][who?] Blum and Köhler (2006) suggested there might only be a "limited level of preliminary debate" possible leading to a failure to consider minority opinions.[13] The open ballot system ostensibly fails to assure the secrecy of the vote Switzerland
Switzerland
has explicitly introduced an exception to article 25 of its International Pact on Civil and Political Rights in order to protect the Landsgemeinde, avoiding to comply with the letter of article 21.3 of the Universal Declaration of Human Rights
Universal Declaration of Human Rights
protecting the secrecy of the vote. [14] Switzerland
Switzerland
has never ratified the first convention protocol of the European Convention on Human Rights
European Convention on Human Rights
for a similar reason.[15] Under such conditions, social control and other crowd manipulation processes might then prevent citizens from voting according to their own preferences and mislead rational decisions. On the other hand, according to the Greek antic tradition of parrhesia -literally "saying everything"- a public assembly could teach individuals to express their opinions with frankness and collective responsibility.[16] Studies of outcomes of the Landsgemeinde
Landsgemeinde
in various administrative divisions (Schaub 2012, Gerber & Mueller 2014[citation needed]) seem to suggest that proper preliminary deliberation can help reach better decisions defined by the "unforced force of the better argument" (Habermas, 1992) [17][clarification needed] See also[edit]

Voting in Switzerland Direct democracy Inclusive Democracy Participatory democracy

References[edit]

^ Stadler, Hans. (2008) Historical Dictionary of Switzerland, Landsgemeinde
Landsgemeinde
[1] ^ a b Ueber die Macht des kleinen Buergers. Tagblatt, 28 April 2013. http://www.tagblatt.ch/ostschweiz-am-sonntag/ostschweiz/art304158,3385183 ^ The Federal Council, portal of the Swiss government. (2012) Swiss Federalism
Federalism
"Archived copy". Archived from the original on 14 July 2016. Retrieved 24 June 2016.  ^ Landsgemeinde
Landsgemeinde
in Appenzell
Appenzell
Inner Rhodes Archived 3 March 2016 at the Wayback Machine. ^ Glarus Landsgemeinde ^ a b Schaub (2012), p. 309. ^ http://www.landsgemeinde.gl.ch/node/87 ^ "Archived copy". Archived from the original on 20 April 2016. Retrieved 10 April 2016.  ^ http://www.landsgemeinde-kloten.ch/archiv/landsgemeinde-2012 ^ Schaub (2012), 322-323. ^ Lucardie, Paul.(2014) Democratic Extremism in Theory and Practice: All Power to the People. 56 ^ Geschichte-schweiz.ch (2004) Switzerland's Long Way to Women's Right to Vote http://history-switzerland.geschichte-schweiz.ch/chronology-womens-right-vote-switzerland.html ^ Blum, R., Köhler, B. (2006). Partizipation und Deliberation in der Versammlungsdemokratie. Schweizer Landsgemeinden mit Kommunikationsdefiziten? In K. Imhof, R. Blum, H.Bonfadelli, & O. Jarren (ed.), Demokratie in der Mediengesellschaft (285–303). ^ https://www.admin.ch/opc/de/classified-compilation/19660262/index.html ^ Hangartner, Yvo, Kley, Andreas. (2000) Die demokratischen Rechte in Bund und Kantonen der Schweizerischen Eidgenossenschaft. Schulthess Verlag. ^ Saxonhouse, Arlene W. (2000) The Practice of Parrhêsia. Free Speech and Democracy in Ancient Athens. 85-90. ^ Habermas, Jürgen. (1992) Deliberative Politics: A Procedural Concept of Democracy. 306

Bibliography[edit]

T. Favre-Bulle. (2015) The Urban Diffusion of Local Direct Democracy between Switzerland
Switzerland
and the United States. H. Ryffel. (1903) Die schweiz. L. nach geltendem Rechte. W.-A. Liebeskind. (1971) L. et suffrage féminin, 371-375. S. Duroy. (1987) «Les "Landsgemeinden suisses"», in Les procédés de la démocratie semi-directe dans l'administration locale en Suisse, 1-94. Schaub, Hans-Peter. (2012) Maximising Direct Democracy – by Popular Assemblies or by Ballot Votes? Swiss Political Science Association. H.R. Stauffacher. (1989) Herrschaft und L. P. Blickle. (1990) «Friede und Verfassung, Voraussetzungen und Folgen der Eidgenossenschaft von 1291», in Innerschweiz und frühe Eidgenossenschaft 1, 15-202. U. Kälin. (1991) Die Urner Magistratenfam. L. Carlen. (1996) «Die Landsgemeinde», in Die Ursprünge der schweizerischen direkten Demokratie, ed. A. Auer, 15-25, (with Bibl.) F. Brändle. (2005) Demokratie und Charisma. B. Adler. (2006) Die Entstehung der direkten Demokratie. B. Wickli. (2006) Polit. Kultur und die "reine Demokratie"

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