History and Growth of the Swiss Constitution

 Early Switzerland (Pre-1291): Before the late 13th century, the territory that is now
Switzerland was not a unified entity. Instead, it consisted of numerous independent
cantons, each operating without a central coordinating authority [1]. These cantons
functioned as separate political entities, often with their own distinct laws, customs, and
systems of governance.

 The Formation of the Old Swiss Confederacy (1291): In 1291, three cantons – Uri,
Schwyz, and Unterwalden – entered into a defensive alliance. This pact is traditionally
viewed as the foundation of the Swiss Confederation. The primary aim of this alliance
was to safeguard their existing liberties and assert their independence, particularly
against the influence and potential domination of the Austrian Habsburg dynasty [1].

 Expansion of the Confederacy (1353-1648): Over the subsequent centuries, the Swiss
Confederacy gradually expanded as other cantons joined the original three. By 1353, the
Confederacy had grown to include eight cantons [2]. This expansion continued, and by
1648, the Swiss Confederation consisted of 13 member states. The Treaty of Westphalia,
signed in 1648, formally recognized the Swiss Confederation as an independent and
sovereign state, marking a significant milestone in its history [2]. The treaty also
established key principles of state sovereignty and non-interference in internal affairs
that would shape international law [3].

 The Helvetic Republic (1798-1803): The Old Swiss Confederacy proved unable to
withstand the military forces of revolutionary France. As a result, Switzerland was
transformed into a centralized state under French control, known as the Helvetic
Republic. This new unitary constitution, however, was incompatible with the long-
standing Swiss traditions of local self-government and cantonal autonomy, leading to
widespread resentment and dissatisfaction [4].

 The Act of Mediation (1803): Faced with growing unrest, Napoleon Bonaparte was
compelled to restore some degree of autonomy to the Swiss cantons through the Act of
Mediation. This act effectively dissolved the centralized Helvetic Republic and re-
established a confederation of cantons, albeit with some modifications [4].
 The Congress of Vienna and the Federal Treaty (1815): Following the fall of Napoleon,
the Old Confederation was revived, although in a modified form, through a Federal
Treaty that received recognition from the Congress of Vienna. The period of French
influence, however, had laid the groundwork for modern Switzerland. Six new cantons
were added to the existing thirteen through the Act of Mediation. In 1815, three
additional French-speaking cantons joined the confederation, resulting in Switzerland's
current configuration and acknowledging its trilingual character [5]. The confederation
then consisted of twenty-one sovereign cantons uniting to defend their freedom and
independence from foreign aggression, as well as to maintain internal order and
peace [5].

 Tensions Between Centralization and Cantonal Autonomy (1815-1848): The period

between 1815 and 1848 was marked by ongoing tensions between forces advocating for
greater unification and centralization and those championing maximum autonomy for
the cantons. These conflicting ideologies were primarily represented by the Radicals,
who favored greater unification, and the Federalists, who sought to preserve cantonal
rights [6].

 The Sonderbund War (1847): The tensions between the Radicals and Federalists
culminated in open conflict in 1847 when seven Catholic cantons attempted to secede
from the Confederation and form a separate league known as the "Sonderbund." The
ensuing civil war resulted in the defeat of the secessionist cantons, paving the way for a
new constitutional order [6].

 The Constitution of 1848: Following the Sonderbund War, a Diet Committee of fourteen
members drafted a new constitution. This constitution, after being approved by the Diet,
was submitted to a referendum and subsequently ratified by a significant majority of
both the cantons and the Swiss people. This marked the transformation of the Swiss
Confederation into a Federal State [7]. The 1848 constitution set up a federal state, but
cantons still had significant autonomy in many policy areas [8]. The constitution
represented a compromise between the vision of the radicals and the need to keep the
old Sonderbund cantons on board [8].

 The Constitution of 1874: The Constitution of 1848 lasted for only 26 years. The trend
toward greater centralisation became more pronounced, although the Federalists
continued to advocate for the social and municipal privileges of the Cantons. The
 Radicalists, backed by a considerable majority of the population, advocated for the
abolition of such rights and privileges. Thus, the Constitution of 1848 necessitated
revision [9]. The Federal Assembly framed the new Constitution and referred it to the
people for their approval. It was adopted by a large majority of Swiss citizens and came
into operation on May 29, 1874 [10]. The revised Constitution furthered centralisation
by providing for the nationalisation of railways under Federal ownership and vesting
more powers with the centre. Moreover, the powers of the Federal Tribunal were
considerably enhanced [10].

 The Federal Constitution of 1999: Although the Constitution of 1874 was quite rigid and
proposals for its complete revision were rejected, numerous partial revisions (about 150)
enhanced the Central Government. Due to the numerous amendments since 1874, it
was felt desirable to integrate the accumulated amendments into a new text. The new
text was adopted by the Federal Parliament on December 18, 1998, and adopted by a
Referendum on April 18, 1999 [11]. The Parliament issued the Enforcement Decree on
September 28, 1999, and the new Constitution came into force on January 1, 2000 [11].
The new Constitution does not radically change the structure of the Swiss Federation as
envisaged in the 1874 Constitution [11]. The 2000 Constitution consists of a Preamble
and 6 Parts, making up 196 Articles [12]. It provides an explicit provision for nine
fundamental rights and provides for greater details in tax laws [12].

Salient Features of the Swiss Constitution

 Preamble: The Swiss Constitution's Preamble expresses a firm resolve to renew the
alliance, strengthen liberty, democracy, independence, and peace in solidarity, and
openness towards the world [1]. It conveys the determination of the Swiss people and
Cantons to live their diversity in unity, respecting one another [1]. It affirms faith in
popular sovereignty and the welfare of the weakest members of society, emphasizing
that only those who use their freedom remain free and that the strength of a people is
measured by the welfare of its weakest members [2].

 Written, Enacted, and Adopted Constitution: The Swiss Constitution is a written

document that was drafted by a committee of the Swiss Parliament in 1848. It has
undergone total revisions in 1874 and 1999 [3]. The revised draft was adopted by the
Swiss Parliament on December 18, 1998, and approved by the people and Cantons on
April 18, 1999, with a decree for implementation issued on September 28, 1999. It came
 into operation on January 1, 2000 [3].

 Structure of the Constitution: The Swiss Constitution consists of a preamble and six
titles, comprising 196 articles [4]. These titles encompass general provisions (Articles 1
to 6), basic civil and social rights (Articles 7 to 41), the relationship between the
Federation, Cantons, and Municipalities (Articles 42 to 135), rights of the people and
Cantons (Articles 143 to 191), Federal Authorities, and provisions for revision and
temporary regulations [4].

 Detailed Constitution: The 2000 Constitution is more detailed than its predecessor, with
196 articles compared to the 1874 Constitution's 123 [5]. It includes a detailed Bill of
Basic Rights and a more extensive description of Federal powers and Federal-Cantonal
Relations [5]. This level of detail addresses topics such as fishing, hunting, gambling, and
social welfare [6].

 Rigid Constitution: The amendment process is specific and complicated, requiring

approval in a referendum by a majority of Swiss voters and a majority of the Cantons [7].
Proposals for total or partial amendment can originate from the Swiss Federal
Parliament or through an initiative sponsored by 100,000 voters [7].

 Bill of Rights: The 2000 Constitution incorporates a detailed bill of rights (Title 2,
Chapters 1 and 2, Articles 7 to 40) [8]. This outlines the basic, civil, social, and political
rights of the Swiss people, including the rights to human dignity, equality, freedom of
expression, and judicial protection [8]. It guarantees 34 rights considered essential for
civilized living [8].

 Social Goals: The Swiss Constitution enumerates social goals (Title 2, Chapter 3, Article
41), including social security, healthcare, protection of the family, fair and adequate
employment, housing, and education [9]. These goals are similar to the Directive
Principles of State Policy in the Indian Constitution and are intended to ensure citizens
have access to essential services and support [10]. However, these social goals are not
enforceable rights [10].

 Purpose of the State: The Swiss Constitution outlines the purpose of the Swiss
Federation in Article 2, including protecting liberty and rights, safeguarding
 independence and security, promoting common welfare and sustainable development,
securing equal opportunities, preserving natural resources, and promoting a just
international order [11].

 Democratic Republican Constitution: Switzerland is a republic headed by a seven-

member plural executive elected by the Federal Parliament [12]. All political institutions
are elected, and citizens directly participate in law-making through referendum and
initiative [12]. Each Canton has the right to have a constitution that assures the exercise
of political rights according to the Republican form, as outlined in Article 51 [12].

 Direct Democracy: Switzerland is known for direct democracy through referendum and
initiative [13]. Referendums allow citizens to approve or disapprove laws or
constitutional amendments, with measures becoming operational only upon securing a
majority of votes [13]. Initiatives enable 100,000 Swiss voters to propose constitutional
amendments, which are incorporated if approved by a majority of voters and Cantons in
a referendum [14]. The Landsgemeinde, a cantonal council of all voters, directly makes
laws, approves policies, and elects the executive in certain cantons [15].

 Federalism: The revised constitution explicitly describes Switzerland as the Swiss

Federation [16]. Key features include the non-sovereign status of Cantons, the
supremacy of the Swiss Constitution, a written and rigid constitution affecting a division
of powers, and a division of powers similar to the US federation [17]. The federation has
powers over national subjects, and Cantons retain powers over local and regional
subjects [18]. Cantons have equal representation in the upper house (Senate), separate
constitutions, an independent judiciary with judicial review over cantonal legislatures,
and a dual system of citizenship, administration, and courts [18].

 Mixture of Parliamentary and Presidential Forms: The Swiss system combines features
of both parliamentary and presidential systems [19]. Members of the executive (Federal
Government) participate in legislative deliberations and are responsible before the
Federal Parliament, reflecting parliamentary aspects [19]. However, the executive enjoys
a fixed tenure, cannot be voted out of power by the Federal Parliament, is constituted by
all political parties, is a plural executive, and cannot dissolve the Federal Parliament,
which are presidential features [20].
 Plural/Collegial Executive: All executive powers are collectively exercised by a seven-
member Federal Government [21]. Article 177(1) specifies that the Federal Government
shall take decisions as a collective body [21]. One member is elected President, and
another as Vice-President each year, with the Vice-President typically succeeding the
President [21].

 Bicameral Legislature: The National Council represents the people, and the Council of
States represents the Cantons [22]. Each full Canton has two seats, and each half Canton
has one seat in the Senate [22]. Both houses have equal powers in all spheres, as noted
by C.F. Strong [23].

 Lack of Independent and Powerful Judiciary: The Swiss Federal Court is the sole federal
court and, in a way, the supreme court, but it holds a secondary position in the
constitutional system [24]. Judges are elected by the Federal Parliament for a six-year
term, though re-election is common [24]. The judiciary has no power to reject federal
laws and submits an annual report to the Federal Parliament [24].

 No Judicial Review over Federal Laws: The Swiss Federal Court can only exercise judicial
review over laws made by Cantonal legislatures, not federal laws [25]. This limitation is
due to the provision for referendum as a means of popular review over federal laws [25].
The right to interpret the Swiss constitution belongs to the Federal Parliament [25].

 Conventions of the Swiss Constitution: The Vice-chairmen of the two Houses of the
Federal Parliament become chairmen in the next year [26]. Certain cantons speaking the
three main languages are always given a seat each in the Federal Government, and the
cantons of Berne, Geneva, and Vaud are typically represented [27].

 Dual Citizenship: Every citizen of a Canton is also a citizen of Switzerland, entitling them
to the rights and privileges of both [28].

 Provisions Regarding Language: Switzerland recognizes German, French, Italian, and

Romansh as national languages, with German, French, and Italian as official
languages [29]. Romansh is used for communication with Romansh speakers, and each
citizen is expected to learn at least two of the three official languages [29].
  Compulsory Military Training and Alternative Service: Every Swiss man is required to
render military service, with women being exempt but able to volunteer [30]. Those who
fail to do military service must perform an alternative service or pay an additional
tax [30].

 Permanently Neutralized Status: Switzerland is a permanently neutralized state, bound

by an international treaty (Treaty of Paris in 1815) not to join any war or military
alliance [31]. Switzerland maintains its neutrality by not participating in military alliances
or treaties [31].

 Rule of Law: The Swiss Constitution emphasizes the rule of law, with law as the basis of
all activities [32]. It outlines that limitations on activities must be based on law, state
activity must be in the public interest, state institutions must act in good faith, and the
Federation and Cantons must respect international law [32]. Article 8 grants all citizens
the right to equality before the law and provides for social equality and special legal
protection for disabled people [32].

The Federal Legislature

 Supremacy of the Federal Parliament: The Federal Assembly holds supreme authority in
the Swiss federation, but this power is subject to the rights of the People and the
Cantons [1]. The Federal Assembly consists of the National Council and the Council of
States, both possessing equal standing [1]. Laws passed by the Federal Parliament are
not subject to veto by the executive or judicial review [1]. The Federal Parliament is
responsible for electing members of the Federal Government and judges of the Federal
Court [2].

 Supremacy Subject to Popular Will: The Federal Parliament's supremacy is limited by

the will of the people, who have the power to demand a referendum on laws and reject
them [3]. Constitutional amendments require a compulsory referendum, needing
approval by a majority of voters and Cantons [3]. D. E. Rappard noted that the Swiss
Federal Parliament enjoys supremacy as long as it retains the confidence and performs
the will of the electorate [3].
 Defined Powers: The Federal Parliament's legislative powers are defined, allowing it to
legislate only on federal and concurrent subjects [4].

 Freedom of Speech: Members of the Federal Parliament can speak in their mother
tongue, with parliamentary reports published in German, French, and sometimes
Italian [4].

 National Council - Composition and Election: The National Council comprises 200
representatives elected directly by the people through proportional representation [5].
General elections occur every four years [5]. Each Canton is an electoral constituency,
with seats allocated based on population and each Canton guaranteed at least one
seat [5]. Political parties publish lists of candidates in the cantons, with voters entitled to
vote for as many candidates as their canton is entitled to send to the National
Council [6].

 National Council - Qualifications: Qualifications for membership align with those for
voters; any Swiss citizen, male or female, aged 18 or older, can vote and contest
elections [6].

 National Council - Tenure: Members are elected for a four-year term, with the House
not subject to dissolution except for total constitutional revision when the Houses
disagree [7]. Elections occur every four years on the last Sunday in October [7].

 National Council - Sessions: The Federal Assembly's two chambers meet at least
annually, with the National Council meeting four times a year, typically in March, June,
September, and December [8]. The Federal Council can convene special sessions in
emergencies, either on its own initiative or at the request of one-fourth of the National
Council members [8]. Sessions are generally short, lasting about three weeks, and
meetings are public, with some exceptions [8].

 National Council - Presiding Officer: The National Council elects its President, Vice-
President, and second Vice-President for one-year terms [9]. The President chairs
meetings and has a casting vote, with the office being honorary and unsalaried [9].
 National Council - Quorum and Meetings: The quorum requires a majority of the total
membership (101 members) [10]. Decisions are taken by a majority of members present,
with members voting without instructions but required to reveal any links with interest
groups [10].

 National Council - Immunities: Members enjoy freedom of speech and cannot be held
responsible for statements made in the House [11].

 Joint Sessions: The National Council and Council of States convene in joint sessions for
specific purposes [12]. These purposes include electing Federal Councillors, judges of the
Federal Court, the Chancellor, and the Commander-in-Chief, granting pardons or
amnesty, and resolving conflicts between the houses, with decisions made by a majority
vote [12].

 Council of States - Composition: The Council comprises 46 members, with each state
sending two representatives and each half-Canton one, irrespective of size and
population [13]. No member can simultaneously serve in another federal institution or a
Cantonal Legislature or Government [13].

 Council of States - Method of Election: The method of election varies, with each Canton
determining how to elect its representatives [14]. In 17 Cantons, they are directly
elected by the people; in 4 Cantons, they are indirectly elected by members of the
Cantonal legislatures [14].

 Council of States - Tenure: Cantons determine the tenures of their representatives,

typically three years, though varying from one to four years [15].

 Council of States - Sessions: The Council meets in ordinary session once a year on a day
fixed by standing orders, with special sessions convened by the Federal Council or at the
request of Deputies or five Cantons [15].

 Council of States - Chairman: The Council elects its Chairman and Vice-Chairman, who
may not be from the same Canton [16]. The Vice-President typically becomes President
the following year, with the President presiding over meetings and determining the
 order of business, possessing a casting vote in case of a tie [16].

 Council of States - Quorum: The quorum is an absolute majority of the members, i.e.,
24, with no business transacted unless the quorum is complete [17].

 Council of States - Immunity: Members enjoy full freedom of speech and immunity for
statements made in parliament, with no member held responsible for any statement
made [17].

 Parliamentary Commissions (Committees): Each House can appoint commissions from

among its members, with the two chambers also able to appoint joint commissions [18].
The Federal Assembly grants these commissions powers but cannot delegate its law-
making authority [18].

 Legislative and Financial Powers: The Federal Assembly passes federal laws and
legislative ordinances, approves the annual budget, appropriates State accounts, and
authorizes public loans [19]. It determines measures to ensure the fulfillment of the
Federal Constitution and guarantees the cantonal Constitution, and ensures external
safety, independence, and neutrality [20].

 Executive Powers: In joint session, both Houses elect the Federal Councillors, judges of
the Federal Tribunal, the Chancellor, members of the Insurance Tribunal, and the
Commander-in-Chief [21]. The Assembly also supervises the Civil Service and determines
salaries, controls the Federal Army, declares war, concludes peace, and ratifies alliances
and treaties [22].

 Judicial Powers: The Federal Assembly elects the judges of the Federal Tribunal, and the
Assembly exercises the power to pardon and grant amnesty, with pardon granted in a
joint session and amnesty granted by the two Chambers meeting separately [23].

 Power to Amend the Constitution: Both Chambers participate in the process of

amending the Swiss Constitution [24]. If both Houses agree, the proposed revision is
submitted to the people for acceptance or rejection, with new elections to the Federal
Assembly taking place if the Houses disagree [24].
  General Supervision over Federal Administration: The Federal Assembly exercises
general supervision over the federal administration, issues instructions to the Federal
Council, and elicits information through "Interpellations" [25]. Members of the National
Council can ask "minor questions" from the Federal Councillor, who must provide
written answers [25].

The Federal Executive

 Requirements for Election to the Federal Council: To be eligible for election, a candidate
must be a Swiss citizen with the right to vote [1]. While it is not mandatory to be an
official candidate or a member of the Swiss parliament, in practice, political parties
typically nominate Members of Parliament or members of Cantonal governments [1].
These nominees usually garner a substantial number of votes [1]. Upon election, Federal
Council members are prohibited from holding any other position within the
Confederation or a canton, necessitating a choice between the new role and any existing
posts [1].

 Resignation and Re-election of Federal Councillors: Once elected to a four-year term,

Federal Councillors are protected from removal through motions of no confidence or
impeachment [2]. Re-election is permitted for an unlimited number of terms, and it is
uncommon for Parliament to decline re-election to a sitting Councillor [2]. Historically,
this has occurred only four times [2]. Consequently, Councillors generally remain in
office until they choose to resign, are not re-elected, or retire, typically serving three to
five terms [2].

 Detailed Federal Council Election Procedure: The Federal Assembly conducts the
election using a secret ballot over multiple rounds [3]. In the initial two rounds, any
eligible individual can receive votes [3]. However, starting from the third round, only
those who received votes in the previous two rounds are eligible [3]. A candidate must
secure an absolute majority, defined as more than half of the valid votes cast, to win the
election [3]. If no candidate achieves this majority, the individual with the fewest votes is
eliminated, and the process is repeated until a candidate obtains the required
majority [3]. The members of the Federal Council are elected to a four-year term by the
combined chambers of the Federal Assembly, acting as the United Federal Assembly [3].
Following the election of Council members, the Assembly proceeds to elect the
President and Vice President of the Swiss Confederation for the upcoming year [3].
 Roles of the President and Vice President: The President is elected annually by the
United Federal Assembly and serves for a one-year term [4]. Unlike many other
countries, the President of the Swiss Confederation is not the head of state; this role is
collectively held by the Federal Council [4]. The President functions as 'primus inter
pares'—first among equals [4]. Responsibilities include chairing Federal Council
meetings, mediating disputes among Council members, and, in urgent situations,
ordering precautionary measures [4]. In addition to the President, the Federal Assembly
elects a Vice President of the Federal Council [4]. The Vice President is prepared to
assume all presidential duties should the President be unable to fulfill them [4]. The
Federal Council can also delegate specific presidential powers to the Vice President as
needed [4].

 Characteristics of the Plural Executive: The Swiss executive is structured as a plural

body, with executive authority vested in the seven-member Federal Council [5]. Each
member of the Council possesses equal powers and co-equal authority [5]. This
structure contrasts with countries like the UK, USA, and France, where executive power
is concentrated in a single individual [5].

 Factors Contributing to Lengthy Tenure: Although Federal Councillors are elected for
only four-year terms by the Federal Assembly, several factors contribute to their often
extended tenures [6]. These include the Swiss tendency to retain valuable
administrators, a limited pool of eligible candidates, the non-partisan nature of the
office, and modest salaries that do not incentivize intense political competition [7].

 Non-Partisan Functioning of Councillors: Despite their affiliations with various political

parties, Federal Councillors do not operate strictly along party lines [8]. The Swiss
Council is composed of a diverse group of politicians selected for their administrative
skills rather than their political alignment [8]. This contrasts with parliamentary systems
where executives are typically drawn from the majority party to ensure political
homogeneity [8].

 Specifics on the Role and Limitations of the Chairman (President) of the Council: The
Chairman of the Federal Council is elected annually by the Federal Assembly from
among its members [9]. The position of Chairman rotates among the Councillors, and
the Chairman is ceremonially designated as the President of the Swiss Confederation [9].
The President lacks special powers and instead serves as a 'first among equals' [9]. The
 Chairman presides over Council meetings, has a casting vote in case of ties, and
performs ceremonial functions [9]. In emergencies, the President can order
precautionary measures but requires Council approval for these actions to be valid [10].
The Federal Chancellery supports the President in these duties [10].

The Federal Judiciary

 Structure of the Swiss Judicial System: Until recently, the Swiss Federal Supreme Court
was the sole federal court in Switzerland [1]. However, a judicial reform established
additional federal courts, including the Federal Administrative Court, the Federal
Criminal Court, and the Federal Patent Court [1]. The Federal Criminal Court and the
Federal Patent Court are specialized courts of original jurisdiction [1].

 Cantonal Courts: Each canton has its own court system that hears cases in the first
instance within its jurisdiction [2].

 Federal Supreme Court: This court is the highest judicial authority in Switzerland [3]. It
acts as the final court of appeal in civil and criminal law matters, with some exceptions
for decisions by the Federal Administrative Court [2]. It ensures the correct application
of federal law and protects citizens' rights under the Constitution [3].

 Federal Criminal Court: Established in 2004 and located in Bellinzona, the Federal
Criminal Court has a staff of around 65 people, including 18 judges [4]. It handles cases
involving high treason, rebellion, violence against federal authority, crimes against
international law, political crimes causing federal intervention, offenses by federal
officials, cases referred by cantonal governments, and cases such as counterfeiting and
voting frauds [5].

 Jurisdiction of the Federal Criminal Court: Most criminal cases are initially decided by
cantonal courts [6]. The Federal Criminal Court deals with offenses against federal
interests, explosives offenses, international white-collar crime, organized crime,
corruption, money laundering, civil aviation offenses, and war material-related
offenses [6]. It makes decisions on indictments for crimes under federal jurisdiction and
tries criminal offenses for which jurisdiction is conferred by administrative criminal law
or federal acts [6].

 Criminal Chamber's Role: The Criminal Chamber rules in the first instance for criminal
offenses expressly under federal jurisdiction, such as crimes against federal employees
or institutions, corruption, offences involving explosives, economic crime, organized
crime, and international money laundering [7]. It also deals with offences contravening
 various federal acts, such as the Civil Aviation Act, the Financial Market Infrastructure
Act, and the War Material Act [8].

 Specific Federal Offences: Examples of federal offenses include those committed against
persons protected by international law, members of the Federal Council, judges,
members of the Federal Assembly, and the Federal Attorney General [9]. They also
include offenses related to diplomatic premises, hostage-taking to exert duress on
federal or foreign authorities, and felonies and misdemeanors related to coinage, official
stamps, and federal marks [9].

 Additional Federal Jurisdiction: The Federal Criminal Court also handles offenses
directed against the Confederation, federal authorities, the will of the People in federal
elections, and political felonies that cause armed federal intervention [10].

 Federal Administrative Court: Located in St. Gallen, the Federal Administrative Court
began operations on January 1, 2007 [11]. It has 6 divisions with 77 judges and rules on
appeals against decisions by federal authorities [12]. It was created to replace around 30
boards of appeal that oversaw federal administration departments [13].

 Federal Patent Court: This court, located in Sankt Gallen, began operating in 2012,
taking over jurisdiction from 26 cantonal courts [14]. It consists of panels of both legally
and technically qualified judges [14]. The court has exclusive jurisdiction over Swiss
unitary patents, European patents, and "national" patents [14]. It deals with validity and
infringement disputes, preliminary measures, and enforcement of decisions [14].

 Patent Court's Role: The Federal Patent Court decides whether a patent is legally valid
and whether patent rights have been infringed [15]. It also settles disputes over patent
ownership and licensing [15]. Appeals on legal issues are possible to the Federal
Supreme Court [15]. As of 2012, it is in charge of adjudicating civil-law disputes about
patents as the court of first instance, superseding the previously competent cantonal
courts [16].

 Original Jurisdiction of the Federal Supreme Court: Conflicts of competence between

federal and cantonal authorities, disputes between cantons in public law matters, and
complaints of violations of constitutional rights are part of the court's original
jurisdiction [17]. Complaints from individuals regarding violations of international
treaties and political crimes necessitating federal intervention are also included [17].

 Limited Judicial Review: While the Swiss Federal Tribunal serves as a guardian of the
Constitution, its power of judicial review is limited [18]. It can declare cantonal law
unconstitutional if it conflicts with the federal Constitution or even cantonal
 constitutions [18]. It does not, however, possess the authority to declare federal law
unconstitutional [19].

 Election and Tenure of Federal Judges: Judges are elected by the Federal Assembly [20].
There are no formal qualification requirements for judges [20]. Federal Assembly always
takes into account the legal qualifications and experience of candidates [20]. They are
elected for six-year terms [21].

 Lack of Disciplinary Measures and Removal from Office of Federal Judges: Federal
Supreme Court judges are immune from any kind of discipline and cannot be removed
from office [22]. They are expected to resign if they are guilty of misconduct

 Federal Supreme Court Composition and Function: The Federal

Supreme Court, headquartered in Lausanne, is the supreme court of the
Swiss Confederation [1]. It is comprised of 38 justices elected by the
United Federal Assembly [1]. This court serves as the final arbiter in civil
law, public law, and disputes between cantons or between cantons and
the Confederation [1]. However, decisions involving human rights
violations can be appealed to the European Court of Human Rights in
Strasbourg [1].

 Uniform Application of Federal Law: The Federal Supreme Court

ensures the uniform application of federal law by cantonal and federal
courts [2]. It protects the rights of citizens under the Federal Constitution
and contributes to the development and adaptation of law [2]. Other
courts and administrative authorities use the Federal Supreme Court's
decisions as a reference [2].

 Procedures and Decision-Making: Procedures before the Federal

Supreme Court are conducted in writing [3]. The court bases its decisions
on facts established by lower instances and recorded in previous
proceedings [3]. If a lower court is found to have decided incorrectly, the
Federal Supreme Court overturns the decision and may send it back for a
new ruling [3].

 Administrative Supervision: Besides its judicial role, the Federal

Supreme Court exercises administrative supervision over the Federal
Criminal Court, the Federal Administrative Court, and the Federal Patent
Court [3].

 Internal Composition of the Federal Supreme Court: The Federal

Supreme Court includes the President, the Vice-President, and other
justices [4]. The Conference of Presidents, consisting of the presidents of
the various divisions, coordinates judicial decision-making [4]. The
President of the Federal Supreme Court serves in an advisory capacity,
while the Secretary-General participates in meetings held by the Court
 Assembly, the Administrative Commission, and the Conference of
Presidents, also in an advisory role [4].

 Diversity of Federal Judges: The bench of the Federal Supreme Court

has a total of 38 justices with a mix of genders and native languages [5].
The federal justices are proposed by the Judicial Committee and elected
by the United Federal Assembly for six-year terms, with no limit on re-
elections [5].

 Deputy Justices: There are 19 deputy justices, elected by the Federal

Assembly, who serve in a part-time capacity, often as professors, lawyers,
or cantonal judges [6]. They replace justices who have recused
themselves or are ill, or when the Court’s docket is full, and have the
same rights and obligations as ordinary federal justices during
proceedings [6].

 Court Clerks: These judicial staff members assist justices, drafting

judgments and rulings [7]. They are also involved in the preparatory
stages of proceedings and during deliberations [7].

 Election Method and Qualifications: Judges are elected on the

recommendations of the Judicial Committee by both Houses of the Federal
Assembly in a joint session [8]. Though the constitution prescribes no
formal qualifications, the Federal Assembly considers legal qualifications
and experience [8]. The Federal Assembly ensures that all three official
languages are represented [8].

 Tenure and Leadership: Judges are elected for six-year terms [9]. The
Court elects a President and Vice-President for two-year terms, and these
positions rotate among the judges [9].

 Location of the Tribunal: The Federal Tribunal is located in Lausanne,

the capital of Vaud, a French-speaking Canton [10].

 Misconduct and Incapability: The Federal Assembly may remove

judges from office before they completed their term in case of either
misconduct or incapability [11]. The test of misconduct consists of both a
subjective and an objective one [12]. The objective element is the serious
breach of an official duty, which may be any behavior that seriously and
objectively damages the reputation and independence of the office [12].
The subjective element requires that the judge committed the act either
with intent or through gross negligence, thereby excluding slight
negligence [12].

 Divisions of the Federal Tribunal: The Tribunal is divided into 7

divisions for trying cases pertaining to civil, criminal, and public laws [13].
 Jurisdiction: The Federal Tribunal is vested with both original and
appellate jurisdiction [14]. According to the Constitution of Switzerland,
the court has jurisdiction over violations of federal law, public
international law, inter-cantonal law, cantonal constitutional rights,
autonomy of municipalities, and federal and cantonal provisions
concerning political rights [14].

 Limited Judicial Review: The Swiss Tribunal possesses limited judicial

review [15]. It can declare cantonal law unconstitutional if it conflicts with
the federal Constitution or even cantonal Constitution [15].
Direct Democracy in Switzerland
 Landsgemeinde Details:

o It is a form of direct democracy found in some cantons [1].

o The Landsgemeinde is a town meeting or assembly consisting of citizens of the

area [1].

o Meetings are held annually under the leadership of an annually elected

Landsman [1].

o The assembly makes laws, passes resolutions, decides financial questions, elects
officials, revises constitutions, levies taxes, and creates new offices [2].

o Attendance in the meeting is theoretically compulsory, with fines imposed in

some cantons for deliberate absence [1].

o Preliminary work is done by an advisory body [1].

 Referendum Nuances:

o It is an instrument of negative action that allows the electorate to approve or

reject legislative measures [3].

o Optional Referendum: The bill is referred to the people if a demand is made for
that purpose by a specified number of votes [3].

o Obligatory (compulsory) Referendum: Laws passed by the legislature do not

become laws until approved by the people [3].

o According to the Constitution of 1848, all amendments to the federal and

cantonal constitutions are subjected to Compulsory Referendum [4].

o A constitutional amendment shall be effected only when accepted by a majority

of the Cantons [4].

o Each full Canton is entitled to one vote, and each half Canton only half a vote [4].

o How Compulsory Constitutional Referendum is Practised: If both houses of the

Federal Assembly agree to revise the Constitution, either wholly or partially, they
draft the proposed new Constitution and submit it to the vote of people and
Cantons [5].
 o If the majority of those voting and the majority of the Cantons approve of it, the
revision is effected [5].

o If the Houses differ on the proposed revision, it is deemed essential to decide

whether the proposed revision is needed or not [6].

o If the people approve of it by a majority vote, the Federal Assembly is dissolved,

and new elections take place [6].

o The newly elected Houses proceed to consider the proposed revision [6].

o If both the Houses approve of it, the revision is placed before the people and the
Cantons for their approval [6].

o If the majority of the people and the Cantons pass it, the amendment comes into
force [6].

o How the requisite Signatures are obtained? Every Federal law or the international
treaties are published in the Federal journal and sent to the Cantons for
circulation among the communes [7].

o Within ninety days of their circulation 50,000 Swiss citizens or eight Cantons may
demand its submission to the Referendum [7].

o The requisite signatures of the citizens are procured through paid postcards sent
to them by the Federal Council [8].

o When the requisite number of signatures reaches the Federal Council, the law in
question is published and circulated among the people [8].

o Four weeks after the publication of the law, a Sunday is fixed for the voting [8].

o The cantonal authorities are entrusted the task of making arrangements for
voting though ballot papers are supplied by the central Government [8].

 Initiative Specifics:

o It is a positive device to rectify the acts of the legislature and was introduced in
Switzerland in 1892 [9].

o Complete revision of the constitution or specific amendments in it, can be made

by popular Initiative on the demand of 1, 00,000 Swiss citizens [10].

o The procedure for total revision differs from that of partial revision [10].
o Total Revision through Initiative: Prior to 1977, if total revision of the Constitution
was demanded by 50,000 Swiss citizens, In 1977, the number of petitioners was
raised from 50,000 to 1, 00,000 Swiss citizens [11].

o In case, 100,000 of the Swiss voters demand in writing a total revision of the
constitution, the demand is directly referred to the people in a referendum [11].

o If the majority of Swiss voters favor a total revision, the Federal Assembly is
dissolved, and fresh elections are held [11].

o The new Federal Assembly then drafts a new constitution [11].

o It is submitted to the people in a nationwide referendum [11].

o If it is passed both by a majority of the people as well as of the Cantons, the new
constitution comes into operation [11].

o Popular Initiative for a Partial Revision of the Constitution: If 100,000 of the Swiss
voters demand a partial revision of the constitution, the demand is then
considered by the Federal Assembly [12].

o The demand along with the recommendation of the Federal Assembly whether in
favor or against, is then submitted to the people in a referendum [12].

o If the majority of the Swiss voters as well as of the Cantons approves it, the
amendment gets incorporated in the constitution, otherwise it gets rejected [12].

o The initiative can be made either in the form of a general demand

(unformulated) or in the form of a definite draft (formulated) [12].

o Partial Revision through Unformulative Initiative: If the demand for partial

revision is in general terms or unformulated, the Federal Assembly if ratifies it,
frames the amendment and refers it to the people and the Cantons for their
approval [13].

o If majority in both the cases approves of it, the amendment takes place and it is
incorporated in the Constitution [13].

o If the Federal Assembly does not approve of the amendment, the question
whether partial revision be made or not is referred to the people for their
decision [14].

o If majority of the people voting favor the revision, the existing Federal Assembly
which had formerly disapproved of the amendment, drafts the amendment
 conforming to the popularly initiated proposal and then submits it to the people
and the Cantons for their verdict [14].

o If the majority of the people and the Cantons accord their approval, the revision
is effected [14].

o Partial Revision through Formulative Initiative: If the proposal for partial

amendment is a formulated one, it is first to be submitted to the Federal
Assembly for its approval [15].

o If the Assembly approves of it, it is referred to the people and the Cantons for
their vote [15].

o If both approve of it, the amendment is effected [15].

o If the Houses of the Federal Assembly differ, or do not approve of it, they may
recommend to a two Referendum proposals either the rejection of the said
proposal or Counter proposals and submit them along with the original popularly
initiated proposal to the people and Cantons [16].

o Whichever proposal the people and the Cantons accept is implemented [16].

o Should both be approved, they may indicate their preference [16].

o In case one draft is approved by the people and the other by the Canton neither
of them shall come into force [16].

o Initiative is confined only to amendments in the Constitution and is not allowed

in case of ordinary legislation [17].

 Cantonal Variations: Except Geneva and the Cantons where laws are made in their
Landsgemeinde, all other Cantons have provided for both Legislative and Constitutional
Initiative [18]. Fewer signatures are required for a Legislative than for a Constitutional
Initiative [18].

Political Parties in Switzerland

 Role of Political Parties (Expanded):

o No Vital Issue Before Them for Long: Switzerland has not faced issues of vital
importance like other countries [1]. Unlike countries with monarchy vs.
democracy debates or slavery issues, Switzerland lacked such divisive, long-term
issues [1].
o No Discontent With Economic Conditions: Switzerland has a stable, prosperous,
and high-tech economy, ranked as one of the wealthiest countries in the world
per capita [2]. Citizens do not seem dissatisfied with existing economic conditions
and are not zealous of equitable distribution of products of labor [2].

o Religious Harmony: The old ecclesiastical antagonism is not very acute, and
religious equality is a continuous feature of the Swiss Constitution [3]. Catholic
Cantons are allowed to do what they like, subject to the provision of the
Constitution, and Protestant Cantons do not interfere [3]. Parties cannot afford to
be antagonistic to each other on this ground [3].

o Short Session of the Legislature: The sessions of the legislature are short, rarely
prolonging beyond a month [4]. When the sessions are over, the members
resume their normal vocations, so professional politicians do not have their sway
in Switzerland [4]. Strong party organization cannot develop within the
legislature [4].

o The Nature of the Swiss Executive: The Swiss executive is non-partisan and not
removable by the legislature [5]. Parties in the legislature do not have to struggle
for removing the executive and winning a place in the Government [5]. Federal
Councilors hold the executive posts not because of their membership of one
party or the other but because they are equipped with administrative skill [5].
Quest or lust for power, which generally accentuate party feelings or party
bickerings, is absent in Switzerland [5].

o Loose Organization of the Parties: Swiss parties are loosely organized,

constituted on cantonal rather than national basis [6]. They fight for local
interests and are mostly concerned with local election and politics [6]. Even
election to the federal assembly are essentially local affairs [6].

o Personal Ambition is Less Clearly Visible: Personal ambition and personal

leadership in public life are less conspicuous in Switzerland than in any other free
country [7]. The Swiss worship ability, honesty and courage and not the
personalities, and they are not hero worshippers [7]. No statesman could create
a party after his name [7].

o Direct Democracy: Important questions of policy are decided by a popular vote

through Referendum, Initiative, and Landsgemeinde [8]. Parties are not keen to
fight for dominance in the legislature or the executive, so the incentive behind
keen party rivalries does not exist in Switzerland [8].
 o No Class Hatred (Very Less): Glaring disparities between rich and the poor
generally encourage the appearance of political Parties representing the haves
and the haves not, but inequalities of income persist, but the display of wealth
which excites everyone in France or USA is hardly done in Switzerland [9]. The
desire to install the proletariat in power has brought into existence an aggressive
party, but even then, comparatively less bitterness is aroused in Switzerland than
in other countries of Europe [9].

o Domination of One Party for Long: For two generations, one party commanded
so comfortable a majority in the Confederation that the other parties thought it
advisable to confine themselves to mere resistance of some of its measures
rather than think of dethroning it [10]. The majority party never attempted to
abuse the authority, so the opposition parties exhibited resistance with
moderation [10].

o No Spoil System: Appointments are made on the basis of a merit system, unlike
that of USA where spoil system prevails and jobs are given as spoils to the party
henchmen by the elected President [11]. The remuneration of the civil services is
not very alluring, so there is no charm in taking to Government job [11].

o Patriotism: The Swiss are patriotic to the core, giving precedence to the interests
of the nation [12]. They are aware of the four great military powers surrounding
them from four sides, so they feel that their interest which is identical with the
national interest lies in keeping united and for opting for neutrality [12].

 Major Political Parties (Expanded):

o The Swiss People's Party (SVP):

 Chaired by Albert Rösti, the party is the largest party in the Federal
Assembly, with 53 members of the National Council and 6 of the Council
of States [13]. Ueli Maurer and Guy Parelin are the members in federal
council from this party [13].

 The SVP originated in 1971 as a merger of the Party of Farmers, Traders

and Independents and the Democratic Party [14]. In its foreign policy, the
SVP opposes the growing involvement of Switzerland in
intergovernmental and especially supranational organisations, including
the UN, EEA, EU, and closer ties with NATO [14]. The party stands for a
strict neutrality of the country and the preservation of the strong role of
the Swiss army as the institution responsible for national defense [14].
  The SVP warns of immigration into the social welfare system and criticises
the high proportion of foreigners among the public insurance benefit
recipients and other social welfare programs, which it believes amounts
to waste of taxpayers' money [15].

 In social welfare policy the SVP rejects expansion of the welfare state, and
stands for a conservative society [16].

 The SVP supports supply-side economics. Thus it is a proponent of lower

taxes and is against deficit spending [17].

o Social Democratic Party of Switzerland (SP):

 Unlike most other Swiss parties, the SP is the largest pro-European party
in Switzerland and supports Swiss membership of the European
Union [18].

 Derives support from industrial workers, civil servants and other

professional classes [18].

 From past few years its leftist approach was diluted, and it adopted
moderation as its philosophy [18]. It believes in democratic and peaceful
measures for the achievement of it objects [18]. It stands for healthy
blend of capitalism and socialism [18].

 In economic, financial, and social welfare policy, the SP rejects policies of

economic liberalization such as deregulation, lowering taxes for high-
income citizens, and decreases in government spending on social
insurance [19]. The SP also opposes raising the retirement age [19].

 In social policy, the SP is committed to social equity and an open

society [20].

 The SP has a liberal stance toward drugs and is in favor of publicly

regulated heroin consumption and the legalization of cannabis [21].

 In foreign policy, the SP promotes further participation by Switzerland in

international organizations and supports immediate entry of Switzerland
into the European Union [21].

o FDP . The Liberals:

 As a classically liberal party, the FDP wants to protect civil liberties and
individual responsibility [22].
  The FDP supports neutrality, federalism, direct democracy, and the tax
sovereignty of each canton and is for a "cosmopolitan Switzerland", which
benefits from the opportunities that globalization provides [23].

 The FDP supports the close cooperation with the EU through bilateral
treaties, but rejects accession to the EU [24].

 The FDP believes that an open society and economic freedom are more
conducive to prosperity, and greater economic and social stability, rather
than a redistributive and regulative state [25].

 The FDP wants more freedom of choice rather than restrictions in all
areas of private life and wants to ensure that personal initiative is
rewarded and not restricted by paternalism and encourages start-ups,
particularly by young people [25].

 Calls for a more citizen-friendly state without excessive bureaucracy and

excessive regulation, and for a lean state with lower government
spending, which offers only those services which citizens and the private
sector cannot provide [26].

 The party believes that an open society and economic freedom are more
conducive to prosperity, and greater economic and social stability, rather
than a redistributive and regulative state [25].

 Works toward a society offering genuine opportunities with flexible

choices in education, work and family support [27].

o Christian Democratic People's Party of Switzerland:

 In its party platform, the CVP describes itself as a centrist party, fostering
a social market economy in which a balance is struck between economic
liberalism and social justice [28].

 The expansion of the party in the Protestant-dominated cantons, in which

the CVP upholds rather centrist policies, stands in contrast to the
traditional role of the CVP as the leading party in rather Catholic-
dominated cantons of central Switzerland, and the cantons of Valais [28].

 The CVP has three main policies in the political centre [29]: The CVP
upholds the social market economy and supports exporting industries,
more spending on education, research and development, and combating
the black market and tax evasion [29].
  The CVP aims at ensuring social security, calls for reforms of the social
security system, and promotes workfare as the primary means to combat
unemployment [30].

o Green Party of Switzerland:

 In terms of foreign policy, the greens set out on the course of openness
and pacifism [31].

 In economic policy, the greens are centre-left, promote circular economy

and fair trade, organize agriculture and food economy ecologically, and
guarantee decent working conditions for all [32].

 The greens support measures to increase energy efficiency, oppose

nuclear power, and support raising energy and fuel prices [32].

 Conclusion: The Swiss party system is devoid of the characteristics of a party system as
in democracy, and the majority parties do not make hectic efforts to retain their
strength [33].