Abstract
Federal Switzerland is en route to the future. What this route looks now and how Swiss constitutional law and the Swiss political system are to meet the requirements that will be put to the State of the future is dealt with in this paper. Clearly, the paper will limit itself to just a few of the many aspects involved.
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Notes
- 1.
Hans Nawiaski spoke of a 3-part federal State: the member-State level, the central State and the whole federal State. These three parts—which blanked out the municipal level—become clear political realities in the Swiss case and are even named in the constitution as Cantons (member States), the Confederation (central State) and the Swiss Confederation (the whole federal State or encompassing entity) all of which have different roles.
- 2.
See below.
- 3.
This Statement needs to be qualified because six “half-Cantons” also exist. In the House of Cantons, they legally have only one representative (in stead of two) and their vote, when it comes to constitutional provisions, only has half the weight. These are really historical reminiscences that affect small Cantons.
- 4.
With one small and difference of little significance: in the first constitution of 1848 it says “The Cantons are sovereign insofar as their sovereignty is not limited by the Federal Constitution, and they shall exercise all rights which are not transferred to the federal authorities.”
- 5.
Today, this is expressly regulated in Article 48 of the Federal Constitution.
- 6.
Regulated in Article 56 of the Federal Constitution.
- 7.
Article 128 (2) of the Federal Constitution. The maximum tax level for Confederation taxes is stipulated in the constitution.
- 8.
Article 46 of the Federal Constitution.
- 9.
Article 46 (2) of the Federal Constitution.
- 10.
At any rate, a counter-proposal may weaken the effect.
- 11.
Article 161 of the Federal Constitution: “No member of the Federal Assembly may vote on the instructions of another person.”
- 12.
In this situation the half-Cantons would only have half a vote.
- 13.
Article 47(2), second sentence of the Federal Constitution.
- 14.
Article 47(2) of the Federal Constitution. Also look at paragraph 4.4.
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Kägi-Diener, R. (2013). Current Challenges Faced by Swiss Federalism. In: López Basaguren, A., Escajedo San Epifanio, L. (eds) The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-27720-7_24
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DOI: https://doi.org/10.1007/978-3-642-27720-7_24
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