However, in case of a conflict between a federal law and the law of any Canton on a concurrent subject, the former prevails over the latter. LTD is the parent company of CIVILSDAILY IAS. Although various provisions for centralization of power have been made in Swiss constitution, democratic principles still prevail in the country. Q. no. vigilant public opinion coupled with a strong desire to preserve regional The Non federal The members of the executive (Federal Government) participate in the deliberations of the legislature. Religious education cannot be imparted. It is a society with four main linguistic groups – German, French, Italian and Romansh, and the Swiss people have voluntarily been living as one united nation under a federal system. Adopted on: 29 May 1874 . Again, the approvals of cantons are required for the amendment of the constitution. countries. The Constitution of Switzerland is the supreme law of the land. are authorized to legislate Concurrent List: Construction and maintenance of balance between regional autonomy and the requirements of an effective national The Preamble 2. Press is The 1848 Constitution was one of the few successes of the Europe-wide democratic revolutions of 1848. It also provides for social equality of men and women and special legal protection for disabled and disadvantaged people. offence. The Federal Constitution lays down the powers of the Confederation and the cantons. 1. “The Swiss confederation came into being to consolidate the alliance of the confederated members and to maintain and increase the unity, strength and honour of the Swiss nation.”. The laws passed by the Federal Parliament are not subject to its power of judicial review. However, the confederating units were very much sovereign in administering the internal affairs. autonomy, stands as an effective safeguard to promote national solidarity. Like the US Federation, the Swiss federation also accepts the sovereign equality of all the Cantons whether big or small. is the head of the government, it is a collegian body known as Federal Council Plural The provision for referendum as the means of popular review over the laws made by the Federal Parliament has been the main reason behind the denial of this power to the Federal Court. Home > Constitution of Switzerland > Silent Features of Swiss Federal Constitution. in All these features clearly establish the existence of a federation in Switzerland. By 1513, the alliance came to have 13 Cantons. The proposal can be initiated either by the Federal Parliament or by 1, 00,000 of Swiss voters. power to initiate no-confidence motion against the Council. The national Constitution cannot be amended without their approval. The Cantonal governments look after law and order, elections, construction of public works and highways, local government, public education and other such subjects. A Federation and not a Confederation 3. Each full Canton two and each half Canton has one seat in the Senate. Each full Canton sends two representatives and each Half-Canton one representative to the upper house of the Swiss Federal Parliament—the Senate. consistently participate directly in public affairs through such devices as Federal Constitution 2 101 2 It shall promote the common welfare, sustainable development, ... features and information by means of public telecommunications is guaranteed. It has no power to reject federal laws. of diplomatic corps, declaration of war, making of peace, negotiation of After the treaty of Westphalia in 1648, the confederation got recognition of its independent existence. The Preamble records a firm faith in sovereignty of the people and the Cantons and makes a firm resolve to maintain and strengthen Switzerland. Permanently Neutralized Status. Switzerland is now a federation both in name as well as in reality. initiative and recall. Inspite of all these differences, the Swiss constitute a thoroughly coherent nation. Ever since 1291, Switzerland has been a Republic. But such detailed discussions have been made to avoid any ambiguity regarding the division of powers between the federal and cantonal governments. The new constitution came in to force on May 29, 1874. A proposal for a total or partial amendment of the constitution can come either from the Swiss Federal Parliament or through an initiative sponsored by 1,00,000 voters. Bicameral Federal Parliament in which the Upper House Represents the Cantons and Others. It is the only legislature in the world, the powers of whose upper house are in no way different from those of the lower house.”. After the French Revolution, some changes were brought in the Swiss system and the Congress of Vienna gave to Switzerland the old Confederate and added three more Cantons to it. The 1874 Constitution has been replaced by the Constitution 1990. The most ancient of these instruments of direct democracy is Landsgemeinde or open town meeting in which every male adult can speak, make his own laws and elect officers. It is worth-pointing it out that cooperation between the federal accountability of the Federal Council to the Assembly, the former enjoys the chambers of the Federal Assembly shall have to be re-elected. noted, that the level of per capita income in Switzerland is one of the highest Hence all traditions also performed due role along with conscious Thereafter the constitution has undergone various changes. insert in its Constitution any such clause as clashes with the provisions of government and the governments of Cantons has been fully ascertained in various These two are parliamentary features. It is hailed as a Dynamic Constitution (features like protection of individual, welfare state et al) Comparison scheme w.r.t Indian Constitution. Linguistically and religiously, Switzerland is a heterogeneous country. This procedure is first used in Switzerland and it is still widespread in the country. When compared with the Constitution of the U.S.A., we find it a very lengthy constitution. It joined this world body only in 2003, but without giving up its permanently neutralized status. consisting of 122 articles. Every the federating units enjoy full autonomy within their respective sphere of 3 It shall ensure the greatest possible equality of opportunity among its citizens. Confederation The powers of the central government The federal character of the Swiss Constitution is reflected by its following features: (iii) Existence of written and rigid constitution affecting a division of powers between the Swiss Federation and the Cantons. It includes all 4 It is committed to the long term preservation of natural resources and to a just and peaceful international order. Provisions Regarding Language: Feature # 19. A large Constituion : The new constitution of Switzerland is one of the largest constitution in the world. The Federal Constitution of 1848 advocated for a centralized government and, therefore, took over many rights and duties which were earlier enjoyed by the cantons. Written Constitution 4. The new constitution has given the Federal Government centralized control over military matters. Later on, one more Full Canton was created as a part of the Swiss confederation. Referendum and Initiative: Referendum and Initiatives are two procedures by which voters express their wishes regarding government policy or proposed legislation. Like the U.S. Constitution, it provides for the governmental system of the Swiss Federation and allows each Canton to have its own constitution within the parameters of Republicanism. The constitution gurantees to the cantons their territory, their sovereignty, their constitutions, the liberty and rights of their people and the constitutional rights of citizens, and the rights and powers conferred by the people on the authorities. This practice is repeated every year. 1. (True/False). It is also believed that Switzerland is the first to experiment with republican institution in the world. Political Science, Swiss Constitution, Features, Features of the Swiss Constitution, © 2017 PoliticalScienceNotes - All rights reserved Terms of Service Privacy Policy Contact Us, © 2017 PoliticalScienceNotes - All rights reserved, Top 9 Federal Features of the Swiss Federation | Political System, Swiss Bill of Rights: 4 Features | Political System, 7 Salient Features of Chinese Judicial System, Amendment of the Swiss Constitution: 2 Methods, Communist Party of China | Political Science, Essay on Village Panchayats | India | Political Science, Essay on Communalism | India | Political Science, Directive Principles of State Policy | Essay | India | Political Science, Essay on Justice | India | Political Science. 4 (i) The constitution of 1874 has given the Federal Government centralized control over military matters. This House enjoys co-equal powers with the lower house i.e. The Swiss Constitution and Politics Chapter 8 New Swiss Constitution Salient Features of the new Swiss Constitution A careful examination of the new Swiss constitution reveals a number of basic chaeracteristics. Under Title 2 Chapters 1 and 2 and Article 7 to 40, the Constitution now describes the basic, civil, social and political rights of the Swiss people. Usually, much of these issues belong to the sphere of ordinary laws and not constitutional laws. Switzerland has taken upon itself the decision that it shall join neither any war nor any military alliance. referendum. The President performs all the functions of the head of the state for one year. It paved the way for national integration and the Swiss Diet approved a new constitution for establishing a stronger and organized government in Switzerland in 1848. Like other true federations, the Swiss federation also recognizes the right of each Canton to have a separate constitution of its own. can legislate. By another convention, the Cantons speaking the three main languages are always given a seat each in the Federal Government. National Council is the popularly, elected chamber and constituted on the basis However, the cantons maintained their internal autonomy. A person before becoming a citizen of Switzerland must be a citizen of Canton and he cannot be a Cantonal citizen without becoming a citizen of a Commune.