Constitution of Switzerland

Constitution of the Swiss Republic

Act of Mediation

Federal pact of 1815

August 1st

Constitution of 1848

The new constitution is written at the beginning of 1848 and it is adopted by the Diet. It will be then approved by the 22 cantons.

The governing idea of the new charter is to give to Switzerland a government more centralized and to entrust good number of capacities to him and duties which fell hitherto on the cantons.

This transfer of competence will support the economic development of the country by removing the interior tariff barriers which had hitherto prevented freedom of movement of the people, goods and the pecuniary values.

On the plan of the institutions, the principal innovation is the installation of a bicameral Parliament - the federal Parliament - and of a government of seven members, the Federal council, with a rotating presidency.

The new constitution in addition guarantees to the citizens a certain number of rights and freedoms, in particular freedom of the press, the freedom of religion and the right of establishment.

Another important innovation: civil right to obtain a change of the constitution by popular vote.

To raise however that like everywhere else at the time, only the men have the right to vote.

The new federal Parliament meets for the first time on November 6th, 1848, the forces reformists and progressists being definitely majority. The Parliament elects the first federal government and appoints the first federal president in the person of Jonas Furrer. She in addition makes of Bern the Swiss capital or more exactly the “federal city” as she is called officially.

In the years which follow, the federal Parliament adopts a series of laws which centralize and unify the administration. The Federal state thus takes in hands the postal services and creates a currency and a system of weight and measurements single. It in addition abolishes the interior customs, which had seriously handicapped the inter-cantonal trade hitherto.

Constitution of 1874

August 1st

Constitution of 1999

The Constitution of 1999 is the third constitution of the Swiss Confederation, after those of 1848 and 1874. It was accepted by the double majority of the Cantons and the Swiss People on April 18th, 1999 and is coming into effect on January 1st, 2000.

It organizes the operation of the State and its relationship with the cantons, guarantees certain a number of rights to the citizens and directs the social goals of its policy.

Its preamble clarifies the desires of the people and the Cantons to reinforce freedom, the democracy, independence as well as food together in the respect and the mutual assistance and finally to make use of its freedom. No bond with a text of intention, such as the Universal declaration of the Human rights, is indicated.

The Constitution perhaps modified only following one popular voting by the double majority. The Federal Parliament takes care that the constitution respects the principle of the unit of the form, that of the unit of the matter or the imperative rules of the international law and can cancel an article according to this principle even if this one is accepted by the People.

The new constitution in short

The constitution of 1999 fact following the need for reorganization of the original constitution of 1848 and that of 1874, which had been modified more than 140 times and was regarded as become illegible. Thus certain articles added in consequence of popular initiative, such prohibition of the wormwood, were withdrawn from the constitution.

In fact the constitution of 1999 is a reorganization of the preceding ones. The organization of the State and the Basic principles remaining the same one, only four laws were modified as well as a repealed ordinance. One will note however the disappearance of the capital punishment for high treason, envisaged in time of war.

History

It will have been necessary more than thirty years to modify the constitution. Indeed it is following work of the Wahlen commission, in 1973, then Furgler and as of a report/ratio of the Federal council in 1985 as the federal assembly decides on a total revision of the constitution and charges with it the Federal council, this occurs in 1987. The new constitution, according to the mandate of the assembly, must make the text constitutionally up to date, systematic and comprehensible.

It is into 1996 that the Federal council gives to the Rooms his message proposing some reforms in the sectors of justice and the popular rights. December 18th, 1998, the federal assembly, after modifications and additions, adopts it.

April 18th, 1999 by 59.2% of yes and 12 cantons plus two halves, favorable, the people accepted the federal decree relating to the update of the constitutions. Precision which the participation was relatively weak, with a rate of 35.89%.

Important provisions of the Swiss federal constitution

Article 1: Defines the concept of Confederation Swiss, the names of the 26 cantons.
Article 2: Indicate the objectives by the country.
Article 3: Explain that the cantons are sovereign in the fields which are not allotted to the Confederation.
Article 5: Guarantees that the activities of the State are subjected to the Right.
Article 7: Alliance and the treaty between cantons are prohibited. On the other hand the cantons have the right to conclude between them of conventions (on the legislation, justice and the aministration).
Article 8: Only the Confederation has the right to declare the war, to sign treaties and alliances with the foreign States.
Article 10: Prohibited the capital punishment and torture.
Article 38: Guaranteed right of blood instead of that of the ground for obtaining Swiss nationality maintains.
Article 41: Defines the social goals of the State and guarantees in particular the access to the care, with social protection (unemployment, disability, disease, old age), with housing, education.
Article 59: Obligation to be useful.
Article 72: Specify that the relationship between the Church and the State is spring of the cantons.
Article 136: Political rights of the Swiss citizens.
Article 138-142: Definition and operation of the popular rights, such as the popular initiative and the referendum.
Article 177: Principle of the collegial structure within the Federal council.
Article 191c: Guarantee of independence of Justice.

Revision

The constitution perhaps modified or revised completely on the basis of article 192 to 195. The People, the Federal council or the Parliament can be the initiator of a modification or a renewal which the people as well as the Cantons must accept in popular voting the modification or the renewal. The modifications or the new constitution must respect the international law. It is interesting to note that in the case of a total revision of the constitution the two rooms must also be renewed (anticipated elections).

Organization of the text

Title first: General provisions, articles 1 to 6.
Title 2: Social basic rights, citizenship and goals, articles 7 to 41.
Title 3: Confederation, cantons and communes, articles 42 to 137.
Title 4: Populate and cantons, articles 138 to 142.
Titer 5: Federal authorities, articles 143 to 191.
Title 6: Revision of the Constitution and transitional provisions, articles 192 to 197.

See too

Political of Switzerland
Federal court

Notes and references of the article

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