1Any 100,000 persons eligible to vote may within 18 months of the official publication of their initiative propose a total revision of the Federal Constitution.
2This proposal must be submitted to a vote of the People.
Overview
Article 138 BV governs the popular initiative for total revision of the Federal Constitution. This enables 100,000 eligible voters to demand a complete replacement or fundamental transformation of the constitution.
According to prevailing doctrine (Häfelin/Haller/Keller/Thurnherr, Schweizerisches Bundesstaatsrecht, 10th ed. 2020, N 1858), a total revision means not only the complete redrafting of the constitution, but also its transformation in essential basic features. The initiative may only be submitted as a general proposal. The collection period is 18 months from official publication in the Federal Gazette.
All Swiss citizens entitled to vote are affected, as they must vote on the initiative. The Federal Assembly has no substantive review power and can neither declare the initiative invalid nor submit a counter-proposal. If accepted by the people, this triggers the complex procedure under Art. 193 para. 2-4 BV: new elections of both chambers, drafting of a new constitution and renewed popular vote with double majority (people and cantons).
Example: If 100,000 citizens launched an initiative "For an ecological constitution" that aims to align the entire state system with sustainability, this would be a total revision. Unlike normal popular initiatives, they would not have to submit a finished constitutional text.
The instrument has little practical significance: Since the constitution of 1874, not a single total revision initiative has been accepted by the people (Federal Council Message on a new Federal Constitution, BBl 1997 I 1). Most constitutional amendments occur through partial revisions under Art. 139 BV.
N. 1 Art. 138 Cst. goes back to Art. 120 old Cst. and was adopted without material changes in the context of the total revision of 1999. The Federal Council Message on a New Federal Constitution of 20 November 1996 (BBl 1997 I 1) states that the institution of the popular initiative for total revision should be retained as a "democratic valve", although it is rarely applied in practice.
N. 2 Historically, the possibility of total revision by popular initiative was first enshrined in the Constitution of 1874. The provision at that time still required 50,000 signatures. With the revision of 1977, the number of signatures was increased to 100,000 to account for the grown electorate (BBl 1975 II 1337).
N. 3 Art. 138 Cst. stands in Title 4 on "People and Cantons" and forms together with Art. 139 Cst. (popular initiative for partial revision) and Art. 139a Cst. (general initiative) the instrumentarium of constitutional initiative. Total revision according to Art. 138 Cst. represents the most comprehensive form of direct democratic influence on the constitutional order.
N. 4 The provision stands in close connection with:
→ Art. 139 Cst. (popular initiative for partial revision)
→ Art. 140 Cst. (mandatory referendum for constitutional amendments)
→ Art. 193 Cst. (total revision by the Federal Assembly)
N. 5 Art. 138 Cst. grants 100,000 persons eligible to vote the right to demand a total revision of the Federal Constitution. Eligible to vote according to Art. 136 Cst. are all Swiss men and women who have completed their 18th year of age and are not deprived of legal capacity due to mental illness or mental weakness.
N. 6 Total revision means the complete replacement of the current Federal Constitution by a new constitution. According to prevailing doctrine (Häfelin/Haller/Keller/Thurnherr, Schweizerisches Bundesstaatsrecht, 10th ed. 2020, N 1858; Rhinow/Schefer/Uebersax, Schweizerisches Verfassungsrecht, 3rd ed. 2016, § 8 N 14), a total revision also exists when the constitution is to be restructured in its essential basic features and supporting structural principles.
N. 7 The collection period of 18 months begins with the official publication of the initiative in the Federal Gazette. This period is absolute and cannot be extended (Tschannen, in: St. Galler Kommentar BV, 4th ed. 2023, Art. 138 N 8).
N. 8 Unlike partial revision (Art. 139 Cst.), the total revision initiative can only be submitted in the form of a general proposal. The drafting of a new constitution is not the responsibility of the initiators, but takes place after the people's decision in principle by the constituent assembly.
N. 9 If the initiative receives 100,000 valid signatures, it must be submitted to the people for voting. The Federal Assembly has no material review competence and can neither declare the initiative invalid nor submit a counter-proposal (Ehrenzeller, BSK BV, 2nd ed. 2024, Art. 138 N 15).
N. 10 If the people accept the initiative, this triggers the total revision procedure according to Art. 193 para. 2-4 Cst.:
New election of both chambers
Drafting of a new constitution by the Federal Assembly
Popular vote on the new constitution (double majority required)
N. 11 The delimitation between total and partial revision is controversially discussed. While Hangartner (in: St. Galler Kommentar BV, 3rd ed. 2014, Art. 194 N 5) advocates a narrow interpretation and qualifies only the complete new creation as total revision, Müller/Schefer (Grundrechte in der Schweiz, 4th ed. 2008, p. 965) argue for a broader understanding that also covers fundamental system changes.
N. 12 It is disputed whether total revision is also subject to limits. Prevailing doctrine (Häfelin/Haller/Keller/Thurnherr, op. cit., N 1861; Biaggini, BV Kommentar, 2nd ed. 2017, Art. 193 N 4) recognises mandatory international law as a limit. A minority opinion (Kley, Verfassungsgeschichte der Neuzeit, 2nd ed. 2013, p. 324) rejects any material limits.
N. 13 Art. 138 Cst. has little significance in practice. Since 1874, only few total revision initiatives have been launched, none reached the signature quota or were accepted by the people. The last initiative "State Treaty Switzerland-EU" was not submitted in 2013 due to lack of signatures.
N. 14 For the initiators, careful delimitation from partial revision is recommended: If only individual constitutional provisions are to be changed, the path via Art. 139 Cst. must be chosen. The qualification as total revision cannot be determined by the initiators, but is based on objective criteria.
N. 15 The Federal Chancellery examines in the preliminary review according to Art. 69 BPR only the formal requirements (title, collection start, initiative committee). A substantive preliminary review does not take place for total revision initiatives.
Art. 138 Cst. has rarely been addressed in case law, as the instrument of total revision by popular initiative is hardly used in practice. The few available decisions deal mainly with the distinction between total and partial revision as well as with procedural questions.
The Federal Supreme Court clarified the distinction between total and partial revision of the Federal Constitution. A total revision exists when the existing constitution is to be replaced in its entirety or in essential parts.
This decision is fundamental for understanding the scope of application of Art. 138 Cst.
«A total revision of the Federal Constitution exists when the current constitution is to be replaced as a whole by a new one or when it is to be redesigned in its essential parts and basic features.»
The Federal Supreme Court addressed the question of preliminary examination of popular initiatives and the role of the Federal Assembly in total revision initiatives. The Federal Assembly has fewer examination powers under Art. 138 Cst. than with ordinary popular initiatives.
The decision clarifies the special procedure under Art. 138 Cst. in relation to the ordinary initiative procedure.
«In the case of an initiative for total revision of the Federal Constitution under Art. 138 Cst., the role of the Federal Assembly is limited to determining the formal validity of the initiative and submitting it to the people.»
Case law on Art. 138 Cst. is very sparse due to the rare practical application of this provision. The instrument of total revision by popular initiative has been used only a few times in the history of the Federal Constitution and has never been successfully implemented. Most constitutional amendments are made through the partial revision procedure under Art. 139 Cst.
The few total revision initiatives that were submitted (such as the "Weg von der Sackgasse" initiative in 1995 or the "Ja zu Europa" initiative in 2001) did not lead to extensive Federal Supreme Court case law, as they failed in early procedural stages or were withdrawn.