Publication

Back to overview

Die Demokratische Mitwirkung an der Entstehung und Umsetzung Rechtsetzender Beschlüsse Internationalen Rechts

Type of publication Peer-reviewed
Publikationsform Original article (peer-reviewed)
Publication date 2015
Author Petrig Anna,
Project International Law and Domestic Law-Making Processes
Show all

Original article (peer-reviewed)

Journal Schweizerische Zeitschrift für internationales und europäisches Recht
Volume (Issue) 2015(4)
Page(s) 507 - 537
Title of proceedings Schweizerische Zeitschrift für internationales und europäisches Recht

Abstract

This article discusses the role of the Swiss parliament and people in the adoption and implementation of secondary law. In Switzerland, secondary law is often incorrectly perceived as technical law and thus unworthy of democratic participation. However, its content and function do not differ from treaty law per se, and the idea that its adoption is a prerogative of the executive branch must be revisited and replaced by a more participa-tive concept. Yet the current legal framework and doctrine on democratic participation in the adoption of international law is heavily treaty-driven and little heed is paid to sec-ondary law. This does not accurately reflect the reality of norm creation at the interna-tional level, which has become increasingly diverse, dynamic and complex. Democratic participation during the adoption of secondary law is crucial because its statute-like na-ture often leaves no room for any further implementing legislation at the domestic level.
-