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Actes législatifs votés par l'Assemblée fédérale au cours de la législature 1995-1999
The institutional arrangements that characterize the Swiss, corporatist-like, decision-making system were designed at a time when the impact of the "outside world" on both the form and content of legislative acts was presumably very low. With the deepening of the processes of economic globalization and political internationalization, however, an increasing number of issues that used to be domestic in nature are now co-defined at the international level and/or strongly influenced by norms elaborated abroad.
Against this background, the purpose of this project is to evaluate the impact of the internationalization/globalization processes on the national decision-making system and related institutional arrangements in Switzerland. In order to do so, we shall intend to rely on a double strategy. First, we will carry out a "before-after" analysis, that is, a comparison between the characteristics of the Swiss decision-making institutions and processes in the most recent legislative period (1995-99), with those at an earlier stage of the internationalization process (legislative period 1971-75). While data already exists for the period 1971-75, corresponding data - on the institutional setting, the duration of decision making processes, the importance and level of conflictuality of a given act, etc. - will have to be gathered for the legislature 1995-99. All legislative acts which were treated by the Swiss parliament between 1995 and 1999 and which were either initiated by a popular initiative or subject to a referendum (presumably around 200 acts) will be included in the quantitative analysis. Second, we will carry out a more detailed, but still mostly quantitative, network analysis of a small sample of the "most important" legislative acts of the period 1995-99. We shall focus on three legislative acts that differ with respect to their "international-national" character: a "purely" domestic policy decision, and two types of "mixed" decision. For this part of the study, socio-metric data collected through structured interviews with the relevant political elites will be the main source of information.
The first general assumption of this project is that the process of internationalization has induced changes in the institutional framework of the Swiss decision-making system. Most noticeably, internationalization is expected to have limited the formal consultation/ concertation procedures during the legislative process. The "before-after" analysis will help test whether and to what extent these changes have actually occurred. The second general assumption is that the changes in the decision-making institutions brought about by internationalization have influenced the distribution of political power in the Swiss political system. The policy network analysis in the three selected policy domains will help highlight the possible changes in power relations and how they are related to institutional changes.
Datenbank über die zwischen 1983 und 2007 gültigen, normativen Erlasse des schweizerischen Bundesrechts
The project is methodologically inspired by an previous study carried out by Wolf Linder at IDHEAP in Lausanne in 1985 on the subject of "legal inflation". At that time, the population and development of Swiss laws from 1947 to 1982 were statistically documented and evaluated on the basis of a complete survey. Based on a methodological approach that, similar to demography, distinguishes between population and flow variables, the growth of legislation with all additions and removals as well as the evolution of the scope of legislative activity were collected and analysed for all legislative bodies and standardisation levels as well as the various fields of activity. The predominantly descriptive study, published in a journal article and in book form, provided for the first time a comprehensive picture of the longer-term evolution of legislative activity and also refuted popular assertions such as that of "legislative inflation" or the increase in "prescriptive" vis-à-vis the "constitutional state".
The current project examines legislative activity from 1983-2007, enabling a second 25-year period to provide interesting information and comparisons with the results of the previous study. However, in line with the further developed state of research and the statistical data now available on parliamentary and general Swiss policy research, a number of new analytical questions offer themselves:
- Can the "internationalization of politics" also be determined at the level of intensified international legislative activity and typical areas (above all economic and environmental legislation), as postulated in the literature on globalization?
- Does the legislative activity in individual areas (e.g. environmental law) follow economic cycles?
- Does strong controversy lead to longer treatment of a bill, but to more frequent revision of the law?
- Does globalisation lead to a stronger position of the executive in lawmaking or, conversely, has parliamentary reform led to a stronger position of the Councils in legislation?