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Direkte Demokratie und Menschenrechte

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  • Gebhard Kirchgässner

Abstract

There is a basic tension between the principle of democracy and the rule of law. This becomes obvious whenever the Swiss citizens accept an initiative that is incompatible with the European Convention on Human Rights. First, we discuss the traditions behind these two principles before we survey the empirical papers about the relation between direct democracy and minority rights in the US as well as in Switzerland. Then we discuss the literature on the relation between direct democracy and death penalty. There, the conflict becomes rather obvious. Solutions, which will always involve compromises between these two principles, necessitate some role of the Supreme Court, at the cost of some, but only minor limitations of direct popular rights.

Suggested Citation

  • Gebhard Kirchgässner, 2009. "Direkte Demokratie und Menschenrechte," CREMA Working Paper Series 2009-18, Center for Research in Economics, Management and the Arts (CREMA).
    • Handle: RePEc:cra:wpaper:2009-18
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    1. Gebhard Kirchgässner, 2010. "Direkte Demokratie," CREMA Working Paper Series 2010-16, Center for Research in Economics, Management and the Arts (CREMA).

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    JEL classification:

    • H11 - Public Economics - - Structure and Scope of Government - - - Structure and Scope of Government
    • H72 - Public Economics - - State and Local Government; Intergovernmental Relations - - - State and Local Budget and Expenditures
    • H74 - Public Economics - - State and Local Government; Intergovernmental Relations - - - State and Local Borrowing

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