The Swiss Constitution (Bundesverfassung in German, Constitution fédérale in French, Constituzione federale in Italian and Constituziun federala in Romansh) is at the highest level of Switzerland's judicial system. It regulates laws, regulations, and decrees of the federation, the cantons, and communities. Cantonal constitutions may not contradict the federal constitution. Amendments to the constitution require the assent of a majority of the people and of the cantons.

Jurisdiction

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The Swiss Federal Constitution has a certain peculiarity when compared to other constitutions in the world. It does not provide for any constitutional jurisdiction over any federal laws, that is, laws proclaimed by Parliament may not be struck down by the Federal Court on the grounds of unconstitutionality. This special provision in the Swiss Constitution is a manifestation of how democratic principles are held to outweigh the principles upon which the constitutional state is built. Laws proclaimed by the Federal Assembly are not to be taken out of force by a court not chosen by the people. Lately, however, as a matter of principle, the Federal Court has tended to favour international law over a federal law in cases where the two conflict. The same exclusion of constitutional jurisdiction does not apply to cantonal laws, which may be interpreted or struck down as the Federal Court deems fit.

History

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The groundwork for today's Swiss Constitution was laid with the promulgation of the Constitution of 12 September 1848, which was deeply influenced by the US Constitution and the ideas of the French Revolution. This constitution provided for the cantons' sovereignty, as long as this did not impinge on the Federal Constitution. This constitution was created in response to a 27-day civil war in Switzerland, the Sonderbundskrieg.

The Constitution of 1848 was partly revised in 1866, and wholly revised in 1874. This latter constitutional change introduced the referendum at the federal level. Beginning in 1891, the constitution contained the "right of initiative", under which a certain number of voters could make a request to amend a constitutional article, or even to introduce a new article into the constitution. Thus, partial revisions of the constitution could be made any time.

The Federal Constitution was wholly revised for the second time in the 1990s, and the new version was approved by popular and cantonal vote on 18 April 1999. It replaces the constitution of 29 May 1874, and it contains nine fundamental rights which up until then had only been discussed and debated in the Federal Court. It came into force on 1 January 2000.

Owing to constitutional initiatives and counterproposals, the Swiss Constitution is subject to continual changes.

See also: Politics of Switzerland.

External links

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• English translation of Swiss Constitution (work in progress)
• German, French, and Italian texts of the Swiss Federal Constitution.

Source

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• Translation of linked German article.

Politics of Switzerland | Constitutions | Swiss law

Bundesverfassung (Schweiz) | Costituzione della Confederazione Svizzera