SALIENT FEATURES OF SWISS CONSTITUTION

                       'SALIENT FEATURES OF SWISS CONSTITUTION'

               The salient features of the Swiss constitution after its total revision in 1999 can be discussed as under:

1. A written and lengthy Constitution: The Swiss constitution of 1848 as amended in 1874 and 

which was totally revised in 1999 is a written document. The new constitution of Switzerland is more detailed constitution. It has 196 articles and these have been classified into six titles and each of which contains several chapters.

2. A rigid Constitution: The Swiss constitution is a rigid constitution. The constitution cannot be  amended by ordinary law making process. Th e process of amending the constitution is complicated.

An amendment can become law only when it is approved by majority of the Swiss voters and by a majority of the cantons.

3. A Republican Constitution: The Constitution of Switzerland is Republican in character. It is also believed that Switzerland is the first to experiment with the Republican institution in the world.The constitution establishes Republicanism not only at the centre but also in various cantons. Being a Republic, all potential institutions of Switzerland - Federal, Cantonal and Communal are elective in character. The principal of Republicanism is in fact the bullwark of Swiss democracy.

4. Federalism: Art 1 of the 1874 Swiss constitution describe Switzerland as a Confederation. But in reality, It was a Federation with 23 cantons (20 full & 6 half cantons) constituting the federation. The 1999 total revision of the constitution has further given strength to the federation. Switzerland is now a federation both in name as well as on reality.

                                The Federal character of the Swiss Constitution is reflected by its following features; Non-Sovereign status of Cantons, Supremacy of Swiss Constitution, Existence of Written and rigid constitution affecting a division of powers between the Swiss Federation and the cantons, the cantons have their separate constitution etc. All these features clearly established the existence of a federation in Switzerland.

5. Direct Democracy: Switzerland has been the home of direct democracy. Since 1848, Switzerland has been working as a direct democracy through such devices of direct legislation- Referendum and initiative. Under the system of referendum, the people have the right to approve or disapprove the laws or constitutional amendment passed by their legislature. Under the systems of initiative Swiss voters can initiate any proposal for Constitutional amendment, which get incorporated in the constitution when majority of Swiss voters as well as of cantons approves it in referendum.

6. Plural Executive: A unique features of the Swiss constitution is that it provides for plural executive which consists of seven members

elected by the Federal Assembly for four years. The executive powers are collectively exercised by the Federal Council. The president is elected by the Federal Assembly for a period of one year only, and is simply "first among equals". He in no way enjoys a position superior to that of the rest of his colleagues.

7. Bicameral Legislature: The Swiss Legislature is a bicameral body. The upper house known as the Senate (Council of States) represent the cantons of Switzerland or equal basis like that of American Senate which accords equality to all the stages. It is a small house consisting of 200 members. Both the houses have kept on par in respect of their powers.

8. Bill of Right: A major change affect by the new Swiss Constitution has been the incorporation of a detailed bill of Rights. Under Title 2 chapter 1 and 2 and article 7 to 40, the new constitution describes the basic, civil, social and political rights of the Swiss people. The bill of rights is a very detailed bill and incorporates almost all the rights and freedoms which stand recognized  as essential conditions of civilized living and necessary for the enjoyment of the right to life.

9. Dual Citizenship: The system of double citizenship prevails in Switzerland. The constitution states that every citizen of the cantons shall be the citizen of Switzerland. This entitles a person to enjoy the citizenship of his cantons as well as that of the Swiss Federation.

10. No Judicial Review: The Swiss judiciary play a less vital role then the judiciary in India or USA. The Swiss Federal Tribunal has only limited judicial review authority. It can declare only cantonal law unconstitutional. But it does not exercise judicial review of the laws passed by the central government.

11. Permanently Neutralized Status: Switzerland is a permanently neutralized state. This status has been conferred upon Switzerland by an international treaty. Switzerland has taken upon itself the decision that it shall join neither any war nor military alliance. It refuses to be drawn into any military/controversial security related conference/ treaty/ organisation and alliance. Till 2002 it was not even a member of the United Nations. It joined the world body only in 2003 but without giving up its permanently neutralized status.

             
        The political system of Switzerland has such features as direct democracy and plural executive, the political maturity of the Swiss, and the status of a permanently neutralized and internationally recognized neutral state. Those have all combined to give Switzerland an honorable place in the world, and its constitution enjoys a unique place in the world of constitution.

                                          Read more: Swiss Federal Constitution

                  

                                         Swiss Federal Constitution of 18 April 1999 (pdf)

                                                                     Download