History
The Landsgemeinde’s origins date back to the thirteenth and fourteenth centuries. The first Landsgemeinde was mentioned in a document in Schwyz in 1294, and the first mention in Glarus dates back to 1387.
It is no coincidence that this institution arose during the time that the Orte (the name ‘canton’ dates from the sixteenth century), Schwyz, Unterwalden, and Uri took an increasingly independent position towards the Habsburg Emperor, German Kings of the Holy Roman Empire, and powerful abbeys (among others, Einsiedeln, Engelberg, and Säckingen).
The Landsgemeinde originated from dispute settlement agreements between and within the Orte, as well as agreements on grazing land, trade, and other economic matters. The free farmers organised themselves in the so-called Markgenossenschaften to manage common grazing land.
The opening of the Gotthard Pass in the years 1220-30 was also relevant. Trade with northern Italy and its city republics increased dramatically. Perhaps these sovereign republics inspired the Orte, who participated directly in this trade and had access to Northern Italy.
Moreover, the Habsburg Emperor granted the Orte the Reichsunmittelbarkeit in the fourteenth and early fifteenth centuries. Furthermore, the Emperor suffered one military defeat after another against the Orte, starting with Morgarten in 1315.
The first documented Landsgemeinde of Glarus in 1387 was also the first Constitution of Glarus. The term Landsgemeinde first appeared in the fifteenth century. In 1387, it refers to the “Gemeinde der Landleute”.
Voting rights were granted to all male citizens who had completed their military service (over the age of 14 or 16) and were residents of Glarus.
The Constitution contained two important provisions: the principle of counting the most votes and the Landsgemeinde always having the final say. In other words, the individual citizens were the sovereigns, not a few (powerful) families or functions.
Although the Landsgemeinde has serious shortcomings in today’s standards and political reality, including vote-buying, which was often more intractable, it was a unique institution in Europe. Nowhere else did individual citizens have the last word.
Tasks
The Landsgemeinde appointed the government, the mayor (Landammann), judges, tax collectors and other officials; it was the legislator, concluded (international) treaties and decided on war and peace.
Reformation 1529
The Landsgemeinde proved its worth during the Reformation. While the rest of Europe was in flames, the citizens of Glarus in the Landsgemeinde decided in 1529 that both religions (Protestant and Catholic) were allowed.
The citizens and their parishes chose their own religion. The result was a predominantly Catholic northern part of the canton and a predominantly Protestant southern part. The Constitution in 1532 even incorporated the principle of religious freedom.
It was also unique in sixteenth-century Europe. Other cantons decided similarly. In Zurich, the government (Grosser Rat) voted to introduce the Protestant faith. In Appenzell, the citizens split into two distinct entities: a Catholic Appenzell Innerrhoden and a Protestant Appenzell Ausserrhoden in 1597.
The Eidgenossenschaft (the thirteen cantons of 1513) experienced several short military conflicts in 1529 and 1531 (the Kappeler Wars), as well as in 1656 and 1712 (the Villmerger Wars). Still, these were economically rather than religiously inspired. Moreover, they were mere trifles compared to the (civil) wars in the rest of Europe.
Of course, the emergence of two religions did lead to significant (personal) tensions, for example, in a Catholic and a Protestant bakery or butchery and schools. However, the political system kept the peace, which is the (unique) merit of the Landsgemeinde and its citizens.
1798
The Landsgemeinde functioned until 1798, when the French occupiers created the Helvetic Republic (1798-1803) and abolished this centuries-old institution.
It led to so much resistance that Napoleon in 1803 reintroduced the Confederation (1803-1813) of cantons, including the Landsgemeinde of Glarus, in the Mediation Act.
The Landsgemeinde of Glarus has been functioning again since 1815, and the current Swiss Confederation since 1848. Together with the Landsgemeinde of Appenzell Innerrhoden, it is the world’s last ‘largest parliament’.
Proceedings
Its functioning, symbolism, voting procedures (raising hands with ballot papers) and powers have mostly stayed the same. What has changed is the composition (with women since 1971) and the voting on many more issues.
The Landsgemeinde meets on the first Sunday in May in the Ring on Landsgemeindeplatz.
The schedule and topics are sent out well in advance. Those entitled to vote can request speaking time, propose changes, or introduce budgets.
Various procedures precede the actual Landsgemeinde. Proposals and other items are precisely regulated in the so-called Traktanda (see www.landsgemeinde.gl.ch).
Discussion
The Landsgemeinde not only enjoys (international and scientific) interest but is also the centre of attention regarding its functioning.
The most frequently cited shortcomings are the low participation rate (around 30% of those entitled to vote), the absence of secret ballots, the complexity of the issues, the opportunity for ‘populists’, and the lack of expertise among citizens (the same objections are often used against the referendum). Electronic voting or voting at the ballot box is more effective, accessible, and representative, making it a good alternative to traditional democracy.
Some arguments have merit; others (populism, lack of expertise) do not.
The most heard arguments in favour of the Landsgemeinde are the public discussion and control of the government and the citizens’ power over the (Constitution) law, budget, and policy. Once a year, citizens call politicians to participate in a public debate.
The citizens are the legislators and are directly involved in the political process. This political constellation does not have a caste of politicians and their officials. Moreover, citizens can only point to themselves when they make decisions. They are the politicians. In practice, citizens provide factual arguments and submit well-founded proposals.
Moreover, it is not just a matter of ‘yes’ or ‘no’. Participation in the (preceding) procedures and discussions in the media are just as relevant.
Conclusion
The Landsgemeinde is under scrutiny in Glarus due to its valid disadvantages. However, the advantages still outweigh the disadvantages, and few consider abolishing it.
Of course, only the Landsgemeinde can abolish the Landsgemeinde. A citizen submitted a request to this effect in 2009, but it was in vain.
Sensible decision-making during the Reformation in 1529, Europe’s first social legislation in 1848 and 1864, municipal mergers from 24 to 3 municipalities in 2006, the right to vote for 16-year-olds in 2007, and the election of the government by secret ballot show that it is not a relic from the past but a living mechanism, with all its advantages and disadvantages. The Landsgemeinde is not a folkloristic l’art pour l’art but a serious direct democratic institution and concept.
Das Wort ist frei, and the debate is open every first Sunday of May.
(Source: L. Leuzinger, Ds Wort isch fri, Zurich 2018; www.landsgemeinde.gl.ch; Glarus, Museum zur Landsgemeinde).
