DiKE Verfassungsrevolution an der Glarner Landsgemeinde von 1836

What is at stake: constitutional limits or popular vote. Rule of law or democracy. This question first arose in 1830 when the constitutional order of the Restoration was replaced by that of the Regeneration. In the canton of Glarus, a liberal constitution replaced the constitution based on confessional agreements through a majority decision at the Landsgemeinde in 1836. The question of the legality of this action not only divided the canton of Glarus but also the Federal Diet. Historically, it was answered through military force. The legal-historical assessment, conducted here for the first time with the aid of new sources, shows that the introduction of the Glarus cantonal constitution was a revolution. It not only reconstituted the state but also marked the transition between pre-modern and modern Landsgemeinde democracy.