Subsidiary Switzerland versus hierarchical parties

Have you ever thought about this? According to Article 5a of our Federal Constitution, our country is subsidiarily organised. The dictionary says: socio-political principle according to which superordinate social units (especially the state) may only take on tasks that subordinate units (especially the family) are unable to fulfil.

Art. 5a Subsidiarity

The principle of subsidiarity must be observed in the allocation and fulfilment of state tasks.

And now let us look at the structure of all previous parties in comparison. These are organised hierarchically. If you just want to be considered as a candidate for the National Council, you have to behave like a good little sheep in the party and if you question the party line too much, you are immediately out of the candidate carousel. How are hierarchically organised parties supposed to manage to represent a subsidiary system? And if you are then elected as a so-called “representative of the people”, Article 161 of the Federal Constitution applies.

Art. 161 Ban on instructions

The members of the Federal Assembly vote without instructions.

As a newly elected or veteran politician, try to abide by this article of the Federal Constitution and behave as a “representative of the people”. There are factional constraints and woe betide anyone who does not abide by them. So where is the constitutional requirement? Why are the blocs so cemented when it comes to factual issues?

Dear politicians, when you take your oath of office, keep the words in your memory, act accordingly and leave our constitution and our basic rights alone.

To make it easier for you to remember, we are writing down the oath here:

Federal Act
on the Federal Assembly
(Parliament Act, ParlG)

of 13 December 2002 (as at 1 September 2023)

The Federal Assembly of the Swiss Confederation,

based on Article 164 paragraph 1 letter g of the Federal Constitution1

Art. 3 Oath and vows

1 Each member of the Federal Assembly shall take an oath or vow before taking office.

2 Persons elected by the United Federal Assembly shall take their oath or vow before the United Federal Assembly following their election, unless the law provides otherwise.

3 Any person who refuses to take the oath or vow shall renounce his office.

4 The oath reads:

“I swear before God Almighty to observe the Constitution and the laws and to fulfil the duties of my office conscientiously.”

5 The vow reads:

“I vow to observe the constitution and the laws and to fulfil the duties of my office conscientiously.”