The danger of majority tyranny

Published on openDemocracy (http://www.opendemocracy.net)

The danger of majority tyranny

Thomas W. Bechtler, 02nd March 2010

Subjects:

Democracy and government [1]

Switzerland [2]

europe [3]

Thomas W. Bechtler [4]

Switzerland's democracy lies nearer to the dividing line between direct democracy and tyranny

of the majority than most. Last year's decision to outlaw minarets reflects the dangers of crossing

that line

About the author

Dr. Thomas W. Bechtler is an entrepreneur and investor based in Switzerland. He is chairman of the

Human Rights Watch Committee, Zurich.

Author: Thomas W. Bechtler

Summary: Switzerland's democracy lies nearer to the dividing line between direct democracy and

tyranny of the majority than most. Last year's decision to outlaw minarets reflects the dangers of

crossing that line

Has the minaret poll in Switzerland helped in creating an atmosphere against all things foreign and

“different”? Minarets, headscarves, Jewish cemeteries, German professors, international law –

judging from recent debate in Switzerland one might wonder if they are all contrary to Swiss values.

Who better to define and postulate what is quintessentially “Swiss” than the people themselves in a

referendum, just like the one held on 29 November. But this argument brings a queasy feeling and

reminds us that there are limits on popular sovereignty.

The “yes”’ to banning minarets [5] has brought these limits to mind, causing a real shock and deep

disappointment for many people. I cannot remember any referendum that has divided our country

both politically and ethically in a similar manner.

In the widely held discussions after the event there were repeated suggestions that political parties

had underestimated the fears some Swiss have [6] that Muslims might segregate themselves and

not respect Swiss customs and laws. Are such fears real or simply nothing more than a clever

fabrication?

Obviously the responsibility for our political culture has fallen by the wayside. A solution has been

found for a problem that our country is not faced with. The sad game of discrimination has once

again been played successfully. And, just as in our national playwright and novelist Max Frisch’s play

“The Fire Raisers [7],” normal citizens and “arsonists” have become one, this time through a

plebiscite.

It is an undisputed fact that Swiss politics are closely linked to the will of the people than almost

anywhere else. The fact that the Swiss are able to take an active role in deciding issues is a part of

our national identity and is undeniably one of our country’s special qualities.

Democratically reached decisions reflect the will of the people in a given moment, though, not

necessarily a superior wisdom or power. Democratic decisions can be wrong, unjust and impractical,

violate the country’s constitution and even violate basic human rights. They can even relate to

issues for which the democratic system is quite simply inadequate.

Ironically it was freedom-loving Switzerland,of all countries, that voted for a measure based on

religious discrimination that violates both our own constitution and Swiss values and also breaches

the European Convention on Human Rights. This is a country renowned for its role in the

Page 1 of 3

http://www.opendemocracy.net/topics/democracy-and-governmenthttp://www.opendemocracy.net/countries/switzerlandhttp://www.opendemocracy.net/view_content_by_region/europe.jsphttp://www.opendemocracy.net/author/thomas-w-bechtlerhttp://www.economist.com/blogs/charlemagne/2009/11/_normal_0_false_false_6http://www.spiegel.de/international/europe/0,1518,664176,00.htmlhttp://en.wikipedia.org/wiki/The_Fire_Raisers_%28play%29

The danger of majority tyranny

Published on openDemocracy (http://www.opendemocracy.net)

development of international law, a state whose neutrality has international roots, a nation that

stands for tolerance and open-mindedness whose prosperity is based on the global economic

network and is home to the International Red Cross!

The issue boils down to two different conceptions of democracy. Under an absolutist interpretation,

the people decide, no ifs or buts. In a comparison from the world of art, (Brunnellesci [8]), the central

perspective converges in a point determining the order of the composition. Anything that may stand

in the way of democracy is deemed suspect: judges, elected representatives, even international law.

In contrast, representatives of a liberal rule of law tend to set out from the interaction of various

elements, as is visible – using the analogy of the arts once again – in the popular artist Alexander

Calder’s mobiles [9]. The parts are in a constant balance, jointly ensuring the stability of the whole

(“checks and balances”). The democratic principle is essentially the basis for the decisions of

democratically elected representatives and of the people in direct democracy decision making.

The principle of separation of powers, which forms the basis for judges’ decisions in individual cases,

is just as important in a functioning democracy. Human rights and democracy, rule of law and

popular sovereignty are not mutually exclusive but rather mutually dependent.

International law is also of equal importance. A more stringent formal and substantive examination

of the content of referendums – be it through parliament, the Federal Council, the Federal Court or a

special body – is in fact urgently needed.

Any argument that the European Court of Human Rights has no place assessing an issue decided

directly by the Swiss people, ignores the role Switzerland played in developing the Court, and the

fact that the court is part of the Council of Europe, a body that Switzerland currently chairs [10].

The debate about the limits of popular sovereignty will surely go on in Switzerland for some time to

come. We need to make sure that the discussion is characterized by clarity of analysis, precision in

drawing these borders and public education. An absolutized concept of democracy can threaten

freedom and is susceptible to misuse. An enlightened people recognizes and acknowledges the limits

of its sovereignty and knows that these limitations are what strengthen democracy and freedom.

SideboxesRelated stories: Sanssouci revisited [11]

Switzerland in Wonderland [12]

Country: Switzerland

Topics: Democracy and government

This article is published by Thomas W. Bechtler, and openDemocracy.net under a Creative

Commons licence [13]. You may republish it without needing further permission, with attribution for

non-commercial purposes following these guidelines [14]. These rules apply to one-off or infrequent

use. For all re-print, syndication and educational use please see read our republishing guidelines [15]

or contact us [16]. Some articles on this site are published under different terms. No images on the

site or in articles may be re-used without permission unless specifically licensed under Creative

Commons.

Source URL: http://www.opendemocracy.net/thomas-w-bechtler/danger-of-majority-tyranny

Created 03/02/2010 - 12:40

Links:

[1] http://www.opendemocracy.net/topics/democracy-and-government

[2] http://www.opendemocracy.net/countries/switzerland

[3] http://www.opendemocracy.net/view_content_by_region/europe.jsp

[4] http://www.opendemocracy.net/author/thomas-w-bechtler

[5] http://www.economist.com/blogs/charlemagne/2009/11/_normal_0_false_false_6

Page 2 of 3

http://en.wikipedia.org/wiki/Filippo_Brunelleschi#Invention_of_linear_perspectivehttp://calder.org/homehttp://calder.org/homehttp://www.coe.int/t/dc/files/presidences-sessions-cm/presidences/switzerland/default_en.asphttp://www.opendemocracy.net/qurratulain-zaman-thomas-baerthlein/sanssouci-revisitedhttp://www.opendemocracy.net/christophe-solioz/switzerland-in-wonderlandhttp://opendemocracy.net/license/cchttp://opendemocracy.net/license/cchttp://creativecommons.org/licenses/by-nc-nd/2.0/uk/http://www.opendemocracy.net/media-enquries-syndication#Republishingmailto:theo.edwards@opendemocracy.nethttp://www.opendemocracy.net/thomas-w-bechtler/danger-of-majority-tyranny

The danger of majority tyranny

Published on openDemocracy (http://www.opendemocracy.net)

[6] http://www.spiegel.de/international/europe/0,1518,664176,00.html

[7] http://en.wikipedia.org/wiki/The_Fire_Raisers_%28play%29

[8] http://en.wikipedia.org/wiki/Filippo_Brunelleschi#Invention_of_linear_perspective

[9] http://calder.org/home

[10] http://www.coe.int/t/dc/files/presidences-sessions-cm/presidences/switzerland/default_en.asp

[11] http://www.opendemocracy.net/qurratulain-zaman-thomas-baerthlein/sanssouci-revisited

[12] http://www.opendemocracy.net/christophe-solioz/switzerland-in-wonderland

[13] http://opendemocracy.net/license/cc

[14] http://creativecommons.org/licenses/by-nc-nd/2.0/uk/

[15] http://www.opendemocracy.net/media-enquries-syndication#Republishing

[16] mailto:theo.edwards@opendemocracy.net

Page 3 of 3