Federal Constitution (Switzerland)
the Federal Constitution (shortened BV) is the condition of the Swiss Confederation.
The Federal Constitution stands on the highest stage of the Swiss juridical system. You are subordinated all laws, regulations and decrees of the federation, the cantons and the municipalities. Itmay not contradict the Federal Constitution therefore. Changes of the Federal Constitution need the agreement of a majority of people and conditions (=Kantonen).
The Federal Constitution of Switzerland exhibits a peculiarity in the comparison with other conditions: It does not plan constitutional court barness for Federals law, i.e.laws issued by the parliament, the Presidential Election Council, can be waived by the Federal court not because of unconstitutionality. This special regulation is expression of the stronger weighting of the democracy principle in relation to the constitutional state principle. Of the representative government the issued - and if necessary in a referendum tuning ofBeing correct people accepted - laws are not to be able to be set by a court repealed. In more recent time the Federal court has the priority of international law however for the case of a conflict between a Federal law and a höherrangigem international law (in particular the EMRK)in principle affirms. The exclusion of the constitutional court barness in all other respects does not apply to the kantonale legislation. Kantonale conditions (under certain conditions), laws and regulations can be explained by the Federal court for unconstitutional.
history
basis for the today's Federal Constitution formsthe condition of 12. September 1848. This again is strong from the condition of the USA, as well as ideas of the French affects revolution. The condition does not plan besides that the cantons are independent (sovereign), so far it the Federal Constitution explicitlylimits. Short military conflicts went to the introduction of the condition of 1848 ahead (special federation war).
The condition of 1848 was partly revised 1866 and revised 1874 totally. With this total revision the referendum on Swiss federal level was introduced. Since 1891 containsthe condition the Initativrecht on partial revisions. Therefore a fraction of the voters (to time 100 ' 000) knows the decree, who or abolition of individual regulations of the Federal Constitution suggest change and a tuning of people and conditions obtain. Partial revisions of the condition are thus at any time possible.
The Federal Constitution became into the 1990er - years a second time totally revises and from people and conditions to 18. April 1999 with 59,2% respectively 12 2/2 of 20 6/2 condition voices well. It replaced the Federal Constitution of 29. May 1874(old Federal Constitution, briefly aBV) and has among other things nine different, up to then only in decisions of the Federal court and right comments held fundamental rights seizes. It stepped at the 1. January 2000 into force.
Due to condition initiatives and counter proposals the Swiss Federal Constitution is subject to relatively frequentChanges.
See also: Political system of Switzerland.
Web on the left of
| Wikisource: Federal Constitution of the Swiss Confederation - source texts |
- sources & documents to Swiss condition history
- historical conditions of Switzerland 1291-1999
- Federal Constitution of the Swiss Confederation of 18. April 1999 (systematic collectionthe Swiss Federal Law)
- reform of the Federal Constitution - official Website at the Swiss Federal Office for law
- Federal Constitution of the Swiss Confederation of 29. May 1874
- historical encyclopedia of Switzerland: Articles Federal Constitution
- constitutional amendments take place either due to people initiatives: List of all accepted people initiatives, due toof counter proposals to people initiatives:List of the accepted counter projects or due to suggestions of government and parliament: Would list all mandatory referenda, which were accepted.
