Swiss House Functioning & Legislative Measures

Functioning of the House

• House business requires an absolute majority of members.
• The Swiss Constitution ensures the two chambers possess equal power.
• C F Strong noted the Swiss legislature's Upper House powers are indistinguishable from those of the Lower House, making it unique.

Legislative Measures

• Legislative actions must pass both houses.
• Bills are dropped if the Committee fails to reach an agreement due to disagreement between the two Houses.
• Parity is enjoyed by both houses, even in financial affairs.
• The Swiss Council of States is not as strong as the American Senate, but stronger than the British House of Lords or the Canadian Senate.

Swiss Constitution

• The Swiss Constitution's founders wanted the Council of States to mirror the American Senate, granting it superior status over National Council representatives.
• Nonuniformity impacts tenure and recall practices among Cantons.
• Unlike the American Senate, it lacks special executive and judicial authority.
• The Constitution grants the two chambers co-equal and coordinate authority.
• It does not hold a subservient role like upper chambers in parliamentary governments.
• It often disagrees with its lower chamber.
• It has occasionally persisted in disagreement with the lower chamber, and adhered to it
• Determination has led to bills being dropped.
• Power parity in legislative, constitutional, and financial affairs has prevented subservience like the British House of Lords and Canadian Senate.
• Budgeting begins in the lower chamber one year, and in the upper chamber the next.
• A small membership allows it to finish work quickly, quashing claims of idleness.
• It has not used its coordinate authority or small size to its advantage in the Federal Assembly.
• Unlike US Senators protecting state interests, Council deputies act as individual representatives guided by conscience.
• The Council of States has a low profile and insignificant role in the Swiss Constitutional System, especially when compared with the American Senate.
• It is considered not only a second, but also a secondary chamber.
• It doesn't have the prestige of the British House of Lords and is assigned a subsidiary role to the lower House.
• No "whip" system exists within the Swiss Parliament.
• Individual members of parliament vote without any instructions.

Joint Sessions

• Joint Sessions are held by the Houses to resolve definite issues, although each house usually operates separately for standard business.
• Election of the Federal Council, its President, Federal Tribunal judges, the Chancellor of the Confederation, and the General-in-Chief of the Federal Army necessitates a joint session.
• Joint sessions are also required for resolving jurisdictional disputes among federal entities, such as those between the Federal Council and the Federal Tribunal or the Insurance Tribunal.
• Joint sessions grant pardons, but both houses are required to sit together for amnesty grants.
• In joint sessions, the Chairman of the National Council presides, with decisions determined by majority vote.
• The superiority of any stronger Chamber numerically is clear from this Legislative Procedure.

Swiss Law-Making Process

• Switzerland's law-making approach is unique.
• Neither house possesses special priority rights.
• Unlike other democracies, all bills, including money bills, are introduced in both houses simultaneously.
• Simultaneous introduction ensures separate consideration by both Chambers.
• The Federal Council presents a list of bills to the Presidents of both Houses of the Swiss Legislature at the commencement of every annual session. The most important bills are typically introduced by Federal Councilors.
• Other members can initiate bills, but most important ones are introduced by Councillors.
• Presidents mutually decide how to assign each proposed measure to a chamber.
• Introduction in one chamber is considered an automatic introduction in the other.
• Measures are sent to committees in both chambers, with committee representatives reflective of their party's strength.
• Committee members nominate these members, unless they are selected by the House itself.
• Committees typically agree unanimously, which is relayed to the House with an elected reporter.
• Divergent opinions may be sent to the House with two or more reporters.
• There are twelve Standing Committees.

Relations Between Houses

• Complete equality is the Swiss Legislature's hallmark.
• The Chambers possess co-equal and co-ordinate authority at all times.
• Bills can be initiated in either chamber.
• This differs from India and the United Kingdom, where money bills begin in the lower house.
• Federal Councilors are accountable to and must answer questions in both houses.
• Both houses convene a joint session to elect the Federal Council, its judges, and its Chancellor.
• The houses also meet to grant pardons and resolve inter-authority disputes.
• Dr. C F Strong said the functions of whose Upper House are in no way differentiated from those of the Lower.

Conflict Resolution

• The Swiss Constitution lacks guidelines for resolving inter-house conflicts.
• This is considered a constitutional lacuna.
• This is not a significant issue in practice.
• Deadlocks between the two houses are rare.
• Conflicts "have not been pushed to a point of a constitutional crisis".
• Control of Swiss legislation rests with the people.
• Neither house takes an uncompromising position.
• An elaborate reconciliation process exists.
• The bill is dropped should resolution fail.
• It must be started again if it's reintroduced.
• The chambers vote together if a decision is vital.
• The Lower House, being larger, tends to prevail in such votes.