Tobacco vote and double majority: when the left turns populist

Antoine-Frédéric Bernhard and Jonas Follonier

The rule requiring a double majority of the people and the cantons was quietly disregarded Sunday February 13 by a Socialist lawmaker, in the context of the vote on banning tobacco advertising. This situation is not new and occurs regularly during federal elections, particularly when the double-majority rule puts the left at a disadvantage. These repeated attacks on the Swiss system stem from opportunistic populism and undermine one of the pillars of Swiss democracy, which remains relevant today. Analysis.

It was a foregone conclusion: regardless of the outcome of the vote on the «Children Free of Tobacco» initiative, the double-majority rule—which requires that amendments to the Federal Constitution be approved not only by a majority of the population but also by a majority of the cantons—was bound to be challenged—or at least dismissed as secondary—by the initiative’s proponents. Precisely because it was not a foregone conclusion. And sure enough, that’s exactly what happened.

This rule, it should be noted, was established in 1848, when modern Switzerland was founded. According to historian Olivier Meuwly, an expert on this period, «this rule reflects a willingness to compromise on the part of the victors of the Sonderbund War, the Radicals.» The aim was indeed to incorporate the interests of the Catholic cantons—which roughly correspond to the rural cantons—into the democratic system, which is built on a delicate balance. While, typically, the more populous, urban, and liberal cantons—historically Protestant—have an advantage over the others during elections, the Alpine and less progressive cantons carry greater weight in constitutional votes. «What is at stake here is the protection of minorities ensured by federalism as a whole, of which the double majority is a consequence.» The minorities in question are the cantons. As a reminder, the Federal Constitution, Article 1 defines Switzerland as being composed of a people and of cantons - that's what a federal state is all about.

It turns out, however, that the double majority rule sometimes serves the interests of the left, since a few small, rather conservative cantons are able to thwart the will of the people, whose numerical majority is to be found in the cities, which are largely committed to left-wing ideas. This was the case, for example, with the federal initiative «Responsible Multinationals», which was narrowly accepted by the people, but clearly rejected by the cantons. As a result, left-wing personalities regularly attack this rule, arguing that, since the 19th century, it has been a matter of course for them to take the initiative.^th Over the course of the century, the demographic gap between the small cantons and the large ones has widened significantly, with one person from Appenzell «counting as» forty from Zurich. This attitude can legitimately be described as opportunistic, insofar as it follows a purely utilitarian logic: disparaging a political system—or even proposing (for the duration of a single Sunday) to change it—in order to gain an advantage.

Another justification for the double-majority rule is that, when public opinion differs widely from region to region, it is better to maintain the current situation rather than seek constitutional change. The double majority is a kind of safeguard against any form of tyranny of the majority. Former Federal Councillor Pascal Couchepin put it this way on 1^er December 2020 following the rejection of the «Responsible Multinationals» initiative, on the set of 19h30«If a law isn't necessary, then it's useless.» This organization of democratic life, because it can give the impression of going against the expression of the popular will, can easily fall prey to populist rhetorical elements, as was the case yesterday - «populism» being first and foremost «a political style, based on systematic recourse to appealing to the people», as historian of ideas Pierre-André Taguieff points out.

Hans Stöckli's populism

On Sunday, February 13, when the majority of the population was in favor of the «Tobacco-Free Kids» initiative, but not yet the majority of the cantons, Bernese member of the Council of States Hans Stöckli, of the Socialist Party, said Speaking to RTS: «For now, we’re pleased with the majority of the people, and ultimately, it’s the people who matter.» In short, the message is this: «If we secure a majority of the cantons, so much the better, because that means the people have a majority in enough cantons; if we don’t, the result isn’t really legitimate, since the people still have the majority, and that’s what should take precedence.»

The idea is rather ironic when you note that Hans Stöckli is elected to the Council of States - an institution designed to balance the power of the cantons and the power of the people, like the double majority rule. Let's skip the «we don't care about the rules when it doesn't suit us» part. What's worth noting is the claim that the double majority rule has always been obsolete or even illegitimate. «This kind of statement is clearly populism, as the Swiss left is wont to do,» says Olivier Meuwly.

If you want to reform a system, you first have to understand it and its history. A closer look at the double majority rule reveals that it is the fruit of in-depth political reflection aimed at guaranteeing a balance of power in Switzerland by proposing a vision of democracy other than the law of numbers alone. It is also the fruit of a synthesis between centralism (primacy of the majority of the people) and federalism (primacy of the majority of the cantons), and should not be applied only when the issues to be voted on directly «concern» the cantons, as some elected representatives would like. Depending on historical circumstances, it may be to the advantage of one political camp or another, but it must not be at the expense of populist and opportunistic rhetoric that ultimately serves the interests of one political camp in particular.

Other arguments will be needed to truly legitimize an institutional changeover in Switzerland.

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Header image: State Councillor Hans Stöckli (SP/BE) in 2019 © parlament.ch