Unconstitutionality of the Proportional Representation System for the Election of the Landrat in the Canton of Nidwalden

Facts

The FSCA dealt with the constitutionality of the proportional representation system for the election of the Landrat in the Canton of Nidwalden. The appellants, the "Greens of Nidwalden" and two voters, argued that the existing electoral system with vastly different-sized constituencies violates the Constitution and is not justified by any historical circumstances. The FSCA found that the proportional representation system of the Canton of Nidwalden for the election of the Landrat does not withstand the Cst. While the cantons are largely free to design their political system and electoral procedure, they must comply with the requirements of the Cst., in particular the principle of electoral freedom under Art. 34 para. 2 Cst. The electoral system introduced by the Canton of Nidwalden does not meet the requirements of a genuine system of proportional representation. On the one hand, the high natural quorums in the individual municipalities, which in some cases exceed 10%, point to a failure to achieve the principle of proportionality. On the other hand, the large differences in the number of seats of the municipalities lead to a lack of sufficient equality of the value of the votes. The FSCA therefore concluded that the electoral system clearly fails to meet the requirements of electoral freedom resulting from Art. 34 para. 2 Cst. Significant political minorities are also excluded from the Landrat, and a large number of votes are disregarded. This electoral system is incompatible with the principles of proportional representation.

Considerations

The FSCA examined whether the electoral system can be justified on the grounds of traditional territorial organization. The Constitutional Court of the Canton of Nidwalden had affirmed this, as the political municipalities are to be regarded as historically grown constituencies with considerable organizational, economic and political autonomy, as well as a corresponding sense of community among the inhabitants. However, the FSCA did not consider these arguments sufficient. While reasons of…