The Constitution of

SWITZERLAND
 4
Introduction

“Among the modern democracies which are true democracies Switzerland has the highest
claim to be studied. It is the oldest, for it contains communities in which popular Government
dates further back than it does anywhere else in the world; and it has pushed democratic
doctrines further, and worked them out more consistently than any other European State.”

—Bryce

he Republic of Switzerland is a proved to be a blessing in disguise. It has

small country, about one-third of the prevented the growth of excessive
area of New York state, situated in the exclusiveness and promoted religious tolerance
heart of western Europe. Her people live on and ardent nationalism. Zurcher has correctly
both sides of a great mountain chain. It is said, “Today there are no people in Europe among
surrounded by Germany in the North, by whom a sense of national unity and of patriotic
France in the West, by Austria in the East and devotion is more firmly fixed than among the
by Italy in the South. Its people differ in race, Swiss. In a world grown somewhat weary of the
religion, language and to some extent in too frequent reiteration of principle of political self-
civilisation. In the words of Dr Munro, “People determination for racial and linguistic groups, the
of Germanic, French and Italian stocks, Swiss offer a splendid example of how statehood
speaking four languages, have been so and national patriotism can be fostered in utter
squeezed together by powerful neighbours that defiance of such principles.”' In fact, each group
they have grown into one.” The Swiss speak admits the right of the other groups to maintain
four different languages. A majority of them their distinct entities. None makes an attempt
speak German, some of them speak French, for encroachment upon the others. Thus, a
some of them speak Italian and a considerable high sense of democracy has developed in
fraction speaks Romanish. In 1938 however, Switzerland. The Swiss deeply cherish and
Romanish was adopted as a national language. strongly uphold communal and cantonal
There is no uniformity of religious belief as autonomy. Hence, the Swiss Constitution is
well. About one-third of the Swiss citizens the true mirror of the feelings of the Swiss
have embraced Protestantism and one-third who are the adherents of “Direct Democracy”
Catholicism. Despite all these differences on and principle of “Popular Sovereignty.”
the basis of race, religion and language, the Bryce has very correctly acknowledged
Swiss constitute a thoroughly coherent nation. the superiority of Swiss democracy over the
A very healthy tradition of Self-Government rest of the democracies of the world in his
has been established on the Swiss soil for the famous volume Modern Democracies. In his
last seven hundred years or more. The words, “Among the modern democracies
intermingling of religion and languages has which are true democracies, Switzerland has
 Introduction 261

the highest claim to be studied. It is the oldest, which neither had a central nor coordinating
for it contains communities in which popular authority. These Cantons were somewhat
Government dates further back than it does subservient to the Habsburg rulers of Austria.
anywhere else in the world.” In fact, Swiss In 1291, three Cantons, Uri, Schwyz and
democracy is not only one of the oldest but is Unterwarden constituted a Confederation in
one of the best democracies of the world. It is order to safeguard their ancient liberties and
really a model of democracy worth quoting assert their independence from the Austrian
and appreciating. Apart from being a home of domination. They foiled the attempt of
direct democracy, all of its institutions are Habsburgs to regain their feudal authority. It
based on democratic principles. encouraged the rest of the Cantons as well.
Another distinctive fact about this beauty Hence by 1353, eight Cantons joined the
spot of the continent is its dynamic neutrality. Confederation. The number of members of the
In war-torn Europe, Switzerland alone could Swiss Confederation rose to thirteen by 1648.
keep itself neutral and enjoy political stability. The Treaty of Westphalia recognised it as a
Rappard describes this policy of neutrality as sovereign State.
“the true palladium of Swiss independence.” Even The Old Confederation constituted in 1291
the most aggressive powers like that of Nazi could not stand the onslaught of the
Germany and Fascist Italy respected the Swiss conquering armies of revolutionary France.
neutrality. It may however, be pointed out Switzerland ceased to be a Confederation and
that Swiss neutrality is neither the outcome of became a French Protectorate. Henceforth,
timidity nor faith in non-violence. It neither Switzerland was to be a centralised State. The
implies isolationism nor passivity towards new unitary Constitution was so incompatible
international affairs. In fact, Switzerland enjoys with the Swiss traditions of Local Self-
a unique position as a channel of diplomatic Government that it entailed wide resentment
communication between countries at war and caused grave dissatisfaction amongst the
against each other. According to Hans Huber, freedom-loving Swiss. Hence, in 1803, through
her neutral status, “permits the country to fulfill the Act of Mediation, Napoleon was forced to
certain humanitarian missions in these times of restore the autonomy of the Cantons
steadily growing deadly conflicts”.? This policy of constituting the Helvetic Republic.
neutrality has ushered in an era of peace and With the fall of Napoleon, the Helvetic
prosperity for the country. Hence, it has Republic also came to an end. The Old
become the cornerstone of the Swiss foreign Confederation was revived, though in a
policy. modified form, through a Federal pact which
Switzerland by a slender margin in a was given recognition by the Congress of
countrywide vote on March 3, 2002 decided Vienna. The French suzerainty however,
to leave behind decades of isolationism and proved to be a blessing in disguise. Between
became a member of the United Nations. The 1798 and 1815, the foundations of modern
referendum was passed by a surprisingly Switzerland were laid. Six more Cantons were
comfortable popular vote—54.6 per cent for added to the thirteen already existing Cantons
membership of the UN and 45.4 per cent by the Act of Mediation. In 1815, three more
against it. French-speaking Cantons were added, thus
giving to Switzerland its present configuration.
The Old Confederation During this period, the trilingual status of the
Switzerland is the product of a process of country was recognised.
unification which commenced in 1291 and was Between 1815 and 1848 there commenced
completed by 1848. Prior to 1291, Switzerland a regular tussle between centrifugal and
was nothing but a number of separate Cantons centripetal forces. The former stood for greater
 262 World Constitutions—Switzerland

unification and centralisation, whereas the rights and liberties for the Swiss under the
latter advocated maximum autonomy for the protection of a unified and centralised law.
Cantons. These two antagonistic forces The Radicals were backed by a considerable
represented by Radicals and Federalists, majority of the population. Thus, the
respectively, clashed openly in 1847, when Constitution of 1848 necessitated the revision.
seven Catholic Cantons attempted to break The Federal Assembly framed the new
away from the Confederation by forming a Constitution and referred it to the people for
separate league—the “Sunderband”. A Civil their approval. It was adopted by a thumping
War between the secessionists and the radicals majority of the Swiss citizens and came into
resulted in the defeat of the former. Hence, a operation on May 29, 1874. The revised
new constitutional project was drawn up. It Constitution carried centralisation still farther
became the organic law of Switzerland in 1848. by providing for the nationalisation of railway
under Federal ownership and vesting more
The Constitution of 1848 powers with the centre. Moreover, the powers
A Diet Committee of fourteen drafted the of the Federal Tribunal were considerably
Constitution of 1848 which after approval by enhanced. The separate judicial systems of the
the Diet was submitted to referendum and Cantons were abolished.
was ratified by an overwhelming majority of
the Cantons and the people. Thus, the The Constitution of 1999
Confederation was converted into a Federal Although the Constitution of 1874 was quite a
State. Though it seemed to be a step of rigid Constitution and the proposals for its
substantial importance yet it was purely a com plete revision were rejected, yet there have
compromise arrangement. The Cantons were been quite numerous (about 150) partial
granted sovereignty so far as their sovereignty revisions, vast majority of which enhanced the
was not limited by the Federal Constitution. Central Government. In view of the numerous
The Constitution of 1848 made provision for amendments, since 1874, it was felt desirable to
Bicameral Federal Assembly, the Collegial integrate the accumulated amendments into a
Executive, Referendum, Initiative, Common new text. The new text was adopted by the
Citizenship and Federal Tribunal. Federal Parliament on December 18, 1998, and
adopted by a Referendum on April 18, 1999.
The Constitution of 1874 The Parliament issued the Enforcement Decree
The Constitution of 1848 lasted for twenty-six on September 28, 1999 and the new Constitution
years only. The tendency towards greater came into force on January 1, 2000. Thus,
centralisation became more pronounced Switzerland entered the new millennium with
although the Federalists still pleaded for social a new legal foundation. However, the new
and municipal privileges of the Cantons. The Constitution does not radically change the
Radicalists advocated the abolition of such structure of the Swiss Federation as envisaged
rights and privileges. They stood for inalienable in the 1874 Constitution.

References

1. Zurcher, Arnold J., Switzerland in Governments of 2. Rappard W.E., The Government of Switzerland, p.131.
Continental Europe, p.980. 3. Huber, Hans, How Switzerland is Governed, p. 64.
 2
Main Features of the
Swiss Constitution

“Among the modern Democracies which are true democracies Switzerland has the highest
claim to be studied...”

—Bryce

he Helvetic Republic is still called a to Brooks, it attempts to anticipate and prevent

Confederation of twenty Cantons and “causes of internal friction and possibility of
six half Cantons, though since 1848 it civil strife”.? Such an attempt automatically
has adopted a Federal Constitution which was makes the Constitution voluminous.
considerably revised in 1874 and rewritten in Following a Preamble and general
1999 incorporating all the amendments made provisions (Articles | to 6) and preceding the
there up to. It is an ancestral house of direct Articles regarding the organisation of the
legislation and the only country in the world legislative, executive, and judicial branches of
still practicing direct democracy. In the words the Federal Government (Articles 143 to 191),
of Dr Munro, “nothing in the Swiss political the new Constitution now formally and
system is more instructive to the student of modern explicitly separates and codifies the four
democracy”.' Following are the salient features traditional pillars of Swiss Constitutional Law:
of the Swiss Constitution: (i) Democracy: Articles 136 to 142 address the
participation of the Swiss people in the Federal
A Written and Lengthy Constitution Government, by providing rules governing
The Swiss Constitution of 1848 as amended in popular initiatives for total or partial revision
1874 and in subsequent years, and integrated of the Federal Constitution and mandatory or
in 1999 is a written document like that of the optional referenda against federal statutes; (il)
USA although it is double in size to that of the Rule of Law: Articles 7 to 36 address general
American Constitution. The 1999 Constitution principles of Governmental actions and
consists of one hundred and ninety-six Articles. provide an extensive catalogue of Fundamental
Some of the frivolous details like fishing, Rights; (iii) Social Welfare: Article 41 declares
hunting, gambling dens, lotteries, sickness and certain “Social Goals” to be achieved by the
burial of the indigent, cattle diseases, Federal and cantonal Governments; (iv)
qualifications of members of liberal professions, Federalism: Articles 42 to 135 address the
etc., are also incorporated in the Swiss relationship between the Swiss Confederation
Constitution. In fact, the Swiss Constitution and the twenty-six Cantons, as well as
effects a compromise between the advocates municipalities, and enumerate the federal
of cantonal rights and the admirers of the legislative powers.
strong Federal Government. Hence, according
 264 World Constitutions—Switzerland

Rigid majority of the people and the Cantons give

The Swiss Constitution is rigid in character, verdict in favour, the revised Constitution is
though not so rigid as the American enforced.
Constitution. The procedure of its amendment As regards partial revision of the
is rather complicated. There are two methods Constitution, both formulative and
of amending it: unformulative Initiative methods can be
adopted.
(1) Through Referendum In case the demand for amendment is
If both the Houses of the federal Parliament “unformulative” or is “couched in general
agree by passing a resolution to revise the terms,” the Federal Assembly if approves such
Constitution, either, wholly or partially, they an amendment, draws up such an amendment
may draft such a proposal and submit it to the as desired by the sponsors of such an
vote of the people and the Cantons. If a amendment and submits it to the vote of the
majority of the citizens voting at Referendum people and the Cantons. If the majority in
and a majority of the Cantons approve of it, both the cases approves it, the said amendment
the amendment is made in the Constitution. is effected. If the Federal Assembly does not
In case, only one House agrees to the proposed approve of it, the unformulative proposal is
revision and the other does not, then the submitted to the vote of the people. If majority
proposed revision is referred to the people’s of the citizens favour the revision, the Federal
vote to ascertain whether the proposed revision Assembly is required to draft the once-
is necessary or not. disapproved proposal in accordance with the
If the people approve the proposed Initiative and then submit it to a regular
revision by a majority vote, Federal Assembly Referendum of the people and the Cantons.
stands dissolved. The newly elected Assembly On the approval of majority of the people and
takes up the proposed revision. If both the the Cantons, the revision of the Constitution
Houses of the Assembly ratify it, which is a takes place.
foregone conclusion, the revision is submitted If the proposal for Initiative is in a
to the people and the Cantons for vote. If formulated form, the Federal Assembly
majority of the people and the Cantons approves it, submits it to a Referendum of the
approve of it, the revision is effected. people and the Cantons. If both the Houses of
the Federal Assembly do not approve of the
(2) Through Constitutional Initiative
initiated amendment, they may submit
A complete or partial revision of the
counter-proposals along with the popularly
Constitution can also be effected through
initiated proposal to the people and the
popular initiative, on the petition of at least,
Cantons for vote. In both the cases, approval
one lakh Swiss citizens.
of majority of the people and the Cantons is
In case of a complete revision of the essential. It may be noted that if both the
Constitution through Initiative, the question drafts— formulated Initiative and counter-
whether there should be a revision of the draft—are approved or if one is approved by
Constitution or not, is referred to the people the people and the other by Cantons, neither
for their vote. If majority of the people give of them shall come into force.
verdict in favour of such a revision, fresh
The above quoted complicated procedure
elections of the Federal Assembly take place.
reflects clearly that the Swiss Constitution is
The newly elected Assembly drafts the new
rigid in character. Since 1874, only two
Constitution and after approving it which is a
proposals for complete revision were made.
foregone conclusion, submits it to the
Both were rejected. There have been quite
Referendum of the people and the Cantons. If
 Main Features of the Swiss Constitution 265

numerous partial revisions of the Constitutions, the Swiss nation “we adopt the following
vast majority of which enhanced the Constitution”. The powers of Government have
competence of the Central Government. been divided between the national and the
Rappard has rightly pointed out, “Jt is easier cantonal Governments on the American
for the Swiss people to amend their fundamental pattern. Article 2 of Constitution states, “the
law than their ordinary statutes against the will of purpose for which the Confederation is formed
a hostile Parliament.”? which is to secure the independence and
security of the Fatherland as against foreign
A Republican Constitution nations, to maintain peace and good order
Switzerland is one of the oldest Republic of within, to protect the liberty and rights of the
Europe. The integrated Constitution of 1999 people and to foster their common welfare.”
establishes Republicanism not only at the Thus, the Federal Government has been vested
Centre but also in the various Cantons. with powers of national importance and the
Republicanism is in fact the very breath of the residuary powers have been left to the Cantons.
Swiss way of life. It guarantees the The Cantons however, enjoy supremacy in
Constitutions of the Cantons provided that their own sphere, though some restrictions
the latter “assure the exercise of political rights have been imposed upon them, viz. (a) they
according to Republican (representative of must have republican Constitution; (b) their
democratic) form”. In fact, the framers of the Constitutions must not be contrary to the
Swiss Constitution were keen to emancipate Federal Constitution; (c) they must be subject
the individual from shackles of the aristocratic, to revision or amendment by popular vote.
mercantilist and clerical traditions which had It may however, be pointed out that the
for centuries crushed the individual’s freedom. powers of the Federal Government have
Hence, they abolished the aristocratic and increased considerably since 1874. The
oligarchic privileges and guaranteed to the prominent factors which have contributed to
Swiss equality before law. Every Swiss the process of centralisation are: wars,
participates in determining his Government. economic depression, the demand for ever
All political institutions in Switzerland are increasing social services and the mechanical
elective in character. The principle of and technological revolution in transport and
Republicanism is in fact the bulwark of Swiss industry. In fact, these factors had affected all
democracy. Federations, Switzerland being no exception.
In the words of André, “The danger of this
A Federal Form of Government tendency is that to the extent they suffer the
Though the Republic of Switzerland is formally encroachment of the central power, the Cantons
designated as the Swiss Confederation, it is in will generally cease to be sovereign states at all
fact a Federation. The Preamble of the and become simple district administrations carrying
Constitution, if properly interpreted, clearly out the behests of the Federal authority.” In fact,
establishes that a permanent Union and not a this is rather an exaggerated view. The spirit
loose league of States has been set up in of local autonomy still pervades in Switzerland.
Switzerland. The Preamble speaks in the name The Cantons still possess the residuary powers.
of “Swiss People and Cantons” and states: The courts of Cantons still administer the laws
that the Swiss Confederation came into being of the Federal Government and the officials of
to consolidate the alliance and to maintain the Cantons still work for the Federal
and increase the unity, strength and honour of Government in the Cantons. No change in the
the Swiss nation. The Preamble further Federal Constitution can be made without the
emphasises that to achieve the solidarity of approval of the Cantons. Article 3 of the
 266 World Constitutions—Switzerland

Constitution very well explains the real irritant for an educated Swiss citizen. However,
position of the Cantons in Swiss Federation: Cantonal autonomy has been eclipsed at times;
“The Cantons are sovereign so far as their nevertheless the Confederation draws its
sovereignty is not limited by the Federal authority from the Cantons. The Constitution
Constitution and as such they exercise all rights expressly recognises the judicial personality of
which are not delegated to the Federal power.” the Cantons in the composition of all federal
The Constitution guarantees the Cantons organs and also the process of amendment. In
their sovereignty, inalienability of their the words R. C. Brooks, "It represents a
territories and rights of their citizens. compromise between the advocates of cantonal
Moreover, they are allowed to conclude treaties rights and those in favour of a strong federal
with foreign States in respect of matters of government and therefore tries to anticipate
public economy and police and border and prevent causes of internal friction and
relations provided that these treaties are not possibility of civil strike.” The cantons have
detrimental to the interests of the Federation expressively and indirectly accepted the
and the other Cantons. However, tendency towards centralisation. Due to the
communication between the Cantons and the consciousness of their being small units, they
Federal Government must take place through have reconciled with this development. The
the Federal Council. The Cantons are allowed Federal Governments aim has not been
to keep their own permanent military force. coercive or aggressive. It has played persuasive
This is a novel provision. Defence in other and conciliating attitude towards Central
Federations of the world is generally the Governments. Carl J. Fredrick observes rightly
concern of the centre. During emergency “Not a single Canton in large in relation to the
however, the Federal Government is vested Federation as a whole, the Cantons have been
with exclusive authority over the cantonal less sharply divided by the partisan issues
forces. The discipline of the cantonal forces and the Central Government has practised
also is regulated by the federal laws. In case of marked moderation.....”
any dispute between the Cantons or the
outbreak of rebellion—a rarity in a country Democratic Character of the Swiss
like Switzerland, the Federal Council may Government
assume even dictatorial powers. We can, Democracy and Switzerland are almost
therefore, conclude that on the whole, the synonymous.’ In the words of Bryce, “Among
Cantons possess large amount of autonomy the modern democracies which are true democracies,
though central intervention predominates. Switzerland has the highest claim to be studied. It
Zurcher rightly pointed out “The Cantons is the oldest, for it contains communities in which
remain (and are destined to remain) important popular Government dates farther back than it
elements of Swiss constitutional system.” does anywhere else in the world, and it has pushed
However, the Swiss Federal model is so democratic doctrines farther and worked them out
designed that it ‘reflects legislative more consistently than any other European state.”°
centralisation and administrative The principles of sovereignty of the people,
decentralisation.’ It adds to the strength and rule of law, equality among the citizens and
to the perpetuity of cantonal autonomy. If the universal adult suffrage are the hallmark of
Federal authority has been extended in certain the Swiss Constitution. The principle of
domains so has been the case with the Cantons sovereignty of people is reflected through the
sphere of activity. The Swiss in general are representative character of national and
eager for the maintenance of the cantonal cantonal legislatures, the Preamble, adoption
autonomy. Hence, usurpation of their powers of the institutions like Referendum and
by the centre is apt to be a pinprick rather an Initiative, and the republican character of the
 Main Features of the Swiss Constitution 267

executive offices. The principle of equality is between a minimum and maximum ceiling ...
implemented through the abolition of Conservative ... as soon as it has anything to
aristocratic and oligarchic privileges. In some conserve ...”® During the recent years however,
of the Cantons, primary assemblies of all adult liberalism of the Swiss Constitution has been
citizens constitute the legislative bodies. They toned down to some extent due to gradual
are termed as “Landsgemeinde.” Every adult accentuation of governmental intervention in
citizen has the right to speak and make his the economic sphere. In the words of Zurcher
own laws and elect officers. The officials in such a development has however, not altered,
this country have not developed bureaucratic “fundamentally the traditional liberal orientation
tendencies which are so very common in the of the Swiss policy”.
other democratic countries of the world. In
the words of C J Friedrich, “the Swiss appear to Swiss Constitution and Citizen’s Rights
have a more effective democratically responsive The Swiss Constitution of 1874 did not contain
officialdom than any other country except a formal bill of Rights as found in erstwhile
Sweden”. It is thus obvious that in the true USSR and in India. This does not however,
sense, democracy exists in Switzerland. In fact mean that the Fundamental Rights of Swiss
Switzerland is the only country in the world citizens were not protected by their
which can claim itself to be a direct democracy. Constitution or were not incorporated in it. In
Zurcher rightly opines, “Switzerland and fact, the Rights ensured to the Swiss citizens
Democracy have in recent years become almost were scattered in a number of Articles of the
synonymous.”’ However, it will not be out of Swiss Constitution. Now these Rights have
place to point out that such a perfect been integrated under Title 2 of the 1999
democracy, stood eclipsed partially till 1971 as Constitution. Articles 7 to 40 mention these
Swiss women did not enjoy the right to vote. Rights. The Constitution guarantees to Swiss
Through a constitutional amendment effected citizens equality before law, freedom of
in February, 1971, the right to vote was movement in the country and residence in
extended to women as well. Hence, any part of the country, and freedom of press
Switzerland is no longer a male dominated or and association, and of petition. Right to vote
male-run democracy. is allowed to the citizens of eighteen or more
years of age. However, a few restrictions have
Liberalism also been imposed upon these Rights. For
The liberal philosophy of the nineteenth instance, liberty of expression is exercisable
century had a profound influence on the within the bounds of morality. Freedom of
framers of the Swiss Constitution. Hence, the religion also is subject to protective restrictions.
impact of that philosophy is discernible at No citizen can refuse to fulfil the obligations
every point. The emancipation of the of citizenship on religious ground. The
individual from restraining influences of the establishment of new religious orders is not
church and other paternalistic agencies, the permitted. The citizens possess the right of
abolition of all political privileges, the provision forming Unions provided they do not indulge
of freedoms of petition, belief, speech, the in activities detrimental to the interests of the
press and Assembly, free and compulsory State. They can seek free elementary education
education, equality before law, freedom of in Government schools. Right to marriage is
trade and commerce are some of the important also guaranteed. Moreover, these Rights have
rights and privileges revealing the liberal corresponding duties as well.
philosophy ingrained in the Swiss Constitution. These Rights both guaranteed by Federal
André rightly remarks, “We have all the Constitution and also the cantonal Constitution
characteristic features of democracy functioning are not mere paper rights. The citizens possess
 268 World Constitutions—Switzerland

the right of habeas corpus, their Rights are “the court shall apply laws voted by the
safeguarded by Federal Supreme Court—the Federal Assembly”. In other words, it does
highest and the only national tribunal of not exercise judicial review of the laws passed
Switzerland. Contravention or abrogation of by the Central Government. The election of
any one of these Fundamental Rights by the judges by the Federal Assembly further
legislature or executive is prevented through establishes the inferior position of indicinary
the Federal Tribunal. The authorities have been in fact it reflects denigration of judiciary in
enjoined to respect the Fundamental Rights Switzerland. Moreover, the Swiss Tribunal is
and contribute to their realisation. Hans Huber the only national court which stands alone
has very well explained the significance of instead of being at the head ofa great national
these Rights when he emphasised that they judicial system as is the case in USA or India.
“are bulwarks which protect the linguistic,
religious, political and social minorities against Bicameral Legislature
any bias towards dictatorship on the part of a The Swiss legislature also is bicameral in
majority and guarantee a sphere of privacy to the character. The Upper House known as the
human personality”. Council of States represents the Cantons of
Switzerland on equal basis like that of
Plural Executive American Senate which accords equality to all
The Constitution vests the executive power the states. It is a small House consisting of
with the Federal Council which consists of only forty-six members. The National Council
seven members who are elected by the Federal is the representative lower Chamber. It consists
Assembly for four years. The executive powers of two hundred members. Both the Houses
in Switzerland are not entrusted to a single have been kept on par with each other in
man, unlike that of USA, or UK, where the respect of their powers. In the words of C.F.
President and the King constitute the executive Strong, “Swiss legislature like Swiss executive
heads of the States respectively. The is unique. It is the only legislature in the
“President” of the Swiss Council who is elected world, the functions of whose Upper House
by the Federal Assembly for a period of one are in no way differentiated from the lower.”
year only, is simply “first among equals”. He
in no way enjoys a position superior to that of A Dynamic Constitution
the rest of his colleagues. As a Chairman of The Constitution of Switzerland is dynamic in
the Federal Council, he however, performs character. It has been adapting itself to the
certain ceremonial functions which are exigencies of time and keeping pace with the
possessed by formal heads of the States. The social aspirations of the people. For instance,
Swiss executive has thus been correctly the traditional freedom of speech and that of
described as “acollegium fulfilling simultaneously forming associations were curtailed to some
the functions ofa Government and of a Chief of extent during the two World Wars, as
State.” Switzerland was keen to maintain her
neutrality. The Government followed a policy
Secondary Position of the Judiciary of neutralisation within the framework of the
The Swiss judiciary plays a less vital role than old Constitution. The State intervened
the judiciary in the United States of America whenever independence of the Swiss citizens
or India. The Swiss Federal Tribunal has only was endangered. The emanation of Labour
limited judicial review authority. It can declare Legislation in 1877, 1908 and 1920 stands
only a cantonal law unconstitutional. The Swiss witness to this fact. Economic Depression of
Constitution makes it specifically clear that 1930 necessitated State intervention to bring
 Main Features of the Swiss Constitution 269

the country out of the morass of economic of inter-Canton movement, certificate of origin
insecurity and utter frustration. can be asked for by the cantonal authorities.
Thus we come to the conclusion that the The right to reside can be refused in the
Swiss Constitution is indeed unique in following circumstances:
character. Its direct democracy devices are the (a) If the individual has been deprived of his
envy of the democratic Constitutions of the civil rights.
world. Its plural executive combining in itself (b) If the individual has been repeatedly
the advantages of parliamentary and sentenced for grave misdemeanour.
presidential executives and avoiding their (c) If the individual has become a permanent
pitfalls is another laudable contribution to the burden on public charity.
mechanism of world Governments. It’s
imbibing liberal philosophy negating the two (3) Equality before Law
extremes—capitalism and orthodox socialism Article 8 assures equality before law to the
is indeed a commendable choice of admixture citizens. In Switzerland, there are neither
of merits of both the systems. Dr Munro has subjects nor privileges of rank, birth, person
rightly remarked, “So here is democracy that has or family. It guarantees equal treatment to all
been spared most of the ills that democracy is the citizens. It provides, “Every Canton is obliged
presumed to bring in its wake. To what causes to accord to citizens of other confederate states the
may this good fortune be ascribed? Partly to the same treatment it accords to its own citizens as
smallness and compactness of the country its regards legislation and all that concerns judicial
natural defensiveness and its varied resources. proceedings.”
Partly also to the intelligence, patriotism and good
sense of its people ... Partly again to the relatively
(4) Right to Press, Association and Petition
equal distribution of property ... And... finally, to The Swiss citizens have been granted the right
sound traditions ...””"° to free press and publication of their views.
Before we end this chapter, the civil rights But such freedom is subject to the laws made
available to Swiss citizens may be further by the Cantons for the repression of the abuses.
elaborated. As said earlier the 1999 In case of default, the Central Government has
Constitution in Chapter I of Title 2 mentions been authorised to frame penalties for the
these Rights. Some of the important Rights purpose. In fact the Swiss press is highly
ensured to the Swiss are as follows: responsible and conservative, rarely engaged
in sensationalism, unlike USA and India.
Rights (As Per 1999 ConstiTuTION) Likewise, the freedom of association enables a
Swiss citizen to form any religious, social,
(1) Right to Citizenship economic and political association. The right
to assemble at any place has also been
According to Article 37 every citizen of a
guaranteed. However, unlawful associations
Canton is a Swiss citizen. However, citizenship
or assemblies inimical to the interest of the
in Switzerland is three-fold. Any person cannot
State are banned.
be citizen of Switzerland without being the
citizen of Canton and no one can be the citizen (5) Right to Petition
ofa Canton unless he is a citizen of commune. It is unique in character. It permits the citizens
Citizenship is as such guaranteed in to send petitions to the Government in protest
Switzerland. to its policies and activities. However, this

(2) Right to Move right pales into insignificance in view of

provision of Initiative in the Constitution.
Every citizen possesses the right to move freely
in any part of the Confederation. But in case
 270 World Constitutions—Switzerland

(6) Free Education enabled it to find an honourable place in the

The Swiss can seek free elementary education Comity of Nations.
in Government schools. Besides the Rights referred above, the
Swiss citizens enjoy the fruits of Direct
(7) Right to Religion Democracy through the methods of
Article 15 has guaranteed freedom of religion Referendum and Initiative. The Constitution
and conscience. Every person has the right to of Switzerland has made people conscious of
freely choose his or her religion and profess it. duties as well.
There can be no compulsion regarding Thus, the Swiss Constitution has
religious belief, worship, etc. Religion in no incorporated an elaborate chapter of Rights
way restricts the civil and political rights of and it cannot be denied that the basic Rights
the citizens. No citizen can refuse to fulfill the as provided in other democratic Constitutions
obligations of citizenship on religious grounds. of the world have been assured to them
(8) A neutralised State through the New Constitution.
It is a small compact country inhabited by
The status of a permanently neutralised state
enlightened people who are fully apprised of
has been conferred on Switzerland by an
the value of basic freedoms. Hence, they
International Treaty. As per its decision, it has
cherishingly aspire for their enjoyment.
neither to wage war nor join any military
Referendum and Initiative are the enviable
alliances. Till 2002, it was not even a member
Rights which the Swiss citizens alone enjoy.
of UNO. It joined it in 2003 though it did not
As such they rightly can feel proud of their
renounce its neutralised status. Switzerland
democracy—the only direct democracy in the
has been rightly portrayed as “a happy island
world.
in a sea of unrest.” Its dynamic neutrality has

References

1. Munro, W.B. and A. Yearst, Morely: The 6. Friedrich, C.J., Constitutional Democracy and
Governments of Europe, p.746. Government, p. 390.
2. Brooks, R.C., Government and Politics of Switzerland, Zurcher, Arnold J., op. cit.
zoom

p.49. André Siegfried, Switzerland, p.152.

3. Rappard D.E., The Government of Switzerland, p.60. . Huber, Hans, How Switzerland is Governed, p. 41.
4. Zurcher, Arnold J., Switzerland in Government of 0. Munro, W.B., op.cit.
Continental Europe, p. 937.
5. Bryce, Modern Democracies, Volume I, p. 367.
 3
Federal Parliament

“The Federal Assembly has been reduced to a certain extent to the position of an advisory body
with the electorate exercising the real decision-making power.”
—Codding

he Federal legislature of stages, one representative used to be elected

Switzerland is called Federal Assembly. from 20,000 people but that figure was later
It is a bicameral legislature consisting on raised to 22,000. In actual practice, after
of two Houses—the National Council and the every ten years, there is a census and on the
Council of State. The Constitution vests basis of that census the number of
supreme power of the Constitution with the representatives to be returned by any Canton
Federal Assembly, though subject to the rights is fixed according to the population of the
of the people and of the Cantons. In fact, the Canton. It has however, been made specifically
laws passed by it can neither be vetoed by the clear that every Canton or half Canton must
President of the Swiss Confederation nor be represented by at least one representative
declared unconstitutional by the Swiss Federal in the National Council. This is done in order
Tribunal. They can however, be rejected by to safeguard the interests of the people of
the people or the Cantons at the polls. Rappard every Canton. Before 1930, it consisted of one
has very correctly said, the Federal Assembly hundred and ninety-eight members, one
enjoys supremacy “as long as it retains the member representing approximately 20,000
confidence and performs the will of the electorate”. people. Since later on, the basis of
The supremacy of the Federal Assembly is representation was changed to one member
further established when we learn that the for every 22,000 people, the number of
other branches of the Swiss Government are members of the House was reduced to one
not only, not coordinate and independent, but hundred and ninety-four by 1947. Since 1963,
also are subordinate to the Assembly, subject the House has fixed membership of two
to the provisions of the Constitution. hundred members. 24,000 people constitute
an electoral constituency and fractions greater
THe NationaL Councit—Its Composition than 12,000 are counted as 24,000. Every Swiss
citizen who is eighteen years or above of age,
The National Council is the lower House of
not otherwise disqualified, has a right to vote.
the legislature. The total strength of the House
Prior to 1971, women were not given right to
is not fixed by the Constitution and is variable
vote. Only male citizens used to exercise the
from time to time according to the growth in
right to vote. It was a stigma on Swiss
the population of Switzerland. In the initial
 272 World Constitutions—Switzerland

democracy. However, since 1971, women enjoy official stenographers in the House. The
parity with men in this respect. The members debates are rarely reported in the leading
of the National Council are elected by secret newspapers. The Deputies are allowed to speak
ballot and since 1910 by proportional in any of the prevalent languages. Every public
representation. Qualifications for the members document is published in German, French and
are to be the same as that of the voters. Italian. All decisions are made by a majority
Clergies, executives and _ principal of those voting, quorum being one hundred
administrative servants of Confederation, and one in case of National Council. However,
Federal Councillors and members of the in case of urgent matters, majority of all the
Council of States are not eligible for election. members is required.

Tenure and Sessions President of the Council

The House is elected for a period of four The National Council elects its own President
years. It is not subject to dissolution except for and Vice-President for one year. They are not
total revision of the Constitution when the eligible for the same office in the next
Houses do not agree with each other. Elections consecutive year. Generally, the Vice-President
to the House are held after every four years succeeds the outgoing President. The President
on the last Sunday in October. Generally, the performs the functions which a Chairman is
elections take place in the churches. The House expected to perform in the House. He regulates
meets regularly four times a year in the months the business of the House, maintains decorum
of March, June, September and December. and protects privileges and dignity of the
Special sessions also may be convened by the members of the House. He possesses casting
Federal Council if emergency arises. Sessions vote in case of a tie. He votes like any other
are generally short, lasting for about three ordinary member when the House elects
weeks at a time. The House meets at 8 am in various committees and bureaus. His is not a
summer and 9 am in winter. The members lucrative office. It does not carry any salary. It
very punctually attend the meetings of the is not spectacular either, unlike that of the
House. Speaker of the House of Commons in UK who
is known as impartial dignitary. It does not
Debates in the House command or even exercise decisive influence
The Swiss Assembly is a business-like body which is associated with the Speaker of the
doing its work very quietly. The debates are House of Representatives in the USA.
orderly. Rhetoric is unknown. Neither the loud
applause nor the cries of shame, approval or No Official Opposition
dissent are heard. The members do not rush Unlike that of Great Britain, where Opposition
to the well. Divisions on the bills are very is recognised as ‘Her Majesty’s Opposition,’
rare. In the words of André Siegfried, “The and the leader of the Opposition gets a Cabinet
sessions of the National Council are more like minister’s salary and status, Switzerland has
meetings of an administrative body affecting only not given recognition to the Opposition. In
indirectly those who are not immediately fact, the role of political parties in Swiss
concerned— but what an efficient administration!” legislature is hardly of any significance, firstly,
A Swiss Deputy is not at all prone to emotions. because the National Council is not vested
He is known for shrewdness and practical with the power of ousting the federal executive
sagacity. He takes middle view of questions. by a vote of no-confidence, secondly, because
Hence, debates in the House hardly attract the Federal Assembly does not possess the
much attention of the nation. There are no supreme legislative power, as the people can
 Federal Parliament 273

negate its decisions at Referendum. The laws determines the method of election of the
Councillors cease to be members of the Federal Deputies and their tenure. In some of the
Assembly on their getting elected. They do Cantons, the Deputies of the Council of States
however, appear on the floor of the legislature, are elected by the cantonal legislatures, in
though they do not have the right to vote. The majority of them, they are elected by the
Councillors are assigned seats on a dais right people. The tenure of these members varies
and left of the Chairman of the House. Since from one to four years. Three years is however,
they are no longer the members of the House, the most common tenure. In two of the
they are not the leaders of the parliamentary Cantons, recall of these members before
majority, no matter howsoever great influences expiration of their tenure is allowed. The
they may otherwise command. In the absence Deputies vote without instructions from their
of any ministerial party, opposition is out of Canton. In other words, the members of the
the question. The Deputies usually sit in the Council of States do not represent separate
House by Cantons, irrespective of their party cantonal interests. As such, they are not briefed
labels. In the words of Bryce, “There is no bench by their respective Cantons to vote for, or
for a Ministry nor for an Opposition, since neither against, particular issues. The members vote
exists. The executive officials ... have seats on a according to their individual consciences and
dais right and left of the President but not being not as per instructions from cantonal party
members they are not party leaders.” head.
Powers of National Assembly are The Deputies of the Council of States are
coordinate with the Council of States. Hence, paid salaries and allowances, etc by their
the powers of the two chambers termed as respective Cantons, according to their own
Federal Assembly have been discussed. The means. They vary to their advantage from
powers of National Council are the same time to time.
though in coordination with the Council of
State and limitation of Referendum and lts Sessions
Initiative on certain. Direct legislation in It meets once a year in ordinary session on a
general has given set back to the powers of day fixed by standing orders. Special sessions
the Assembly as individually speaking of of the Council can also be convened either by
National Assembly and the Council of States. the Federal Council or on the request of the
Deputies or of five Cantons.
Councit oF STATES
lts Chairman
The Council of States happens to be the Upper
It elects its own Chairman and also a Vice-
Cham ber of the Swiss legislature. It stands for
Chairman They may not be chosen from the
the concept of Cantonal Sovereignty and
Deputies of the same Canton. Nor can any of
personality. As such, like that of American
these officers be elected from among the
Senate, it gives equal representation to all the
representatives of the same Canton for two
units irrespective of their size and population.
consecutive years. Conventionally however,
Every Canton sends two representatives and
the Vice-President of the year is promoted to
every half-Canton only one representative to
the office of the President the next year. The
the Council of States. Its total membership is
President presides over the meetings of the
forty-six, representing twenty-three Cantons,
House and determines the order of business
three divided into half Cantons. Unlike that of
to be transacted every day. He possesses a
the USA, the mode of election and the tenure
casting vote in case of a tie.
of these members of the Swiss Council of
States is not uniform. Each Canton, by its own
 274 World Constitutions—Switzerland

How the House Functions? powers equally with the Council of States is
The business of the House is transacted by an more representative in character as well.
absolute majority of the total number of Referring to Council of States, Vincent has
members of the House. The Deputies do not correctly observed, “in comparison with
dance to the tune of their Cantons, as is American Senate, an Assembly which fully
generally the case in Federations. It implies represents the State’s rights idea has been
that the deputies hailing from the various established but without the regularity of
Cantons do not represent the cantonal interests. construction, the facility in conduct of business,
They do not vote as directed by the Cantons. the dignity which long tenure and experience have
In the words of Christopher Hughes, “The in legislature, naturally clothed the Americans.”
programme which the Article implies is that The Council of States, though is not as
members should vote from their consciences and powerful as the American Senate, yet is not so
not from instructions.”? weak as the House of Lords in England or
The Council of States though a weaker Chamber Senate in Canada. It does not command a
is not subservient to National Council. The Swiss subservient position like the Upper Chambers
Constitution keeps these two Chambers at par in the parliamentary Governments. It is not a
with each other as regards their powers. In the submissive body either. It often disagrees with
words of C F Strong, “The Swiss legislature like the lower Chamber on the measures passed
the Swiss executive is unique; it is the only by the latter. On rare occasions, it has not only
legislature in the world the powers of whose Upper insisted on the disagreement with the lower
House are in no way different from those of the Cham ber, but has also persistently adhered to
Lower House.” The legislative measures must it. Such a dogged persistence has eventually
be passed by both the Houses. In case of led to the dropping of the bill. Moreover,
disagreement between the two Houses over a parity of powers, between the two Houses in
bill, if the Committee fails to reach an legislative, constitutional and financial matters,
agreement, the bill is dropped. Both enjoy has saved it from getting reduced to
parity even in financial matters. The Fathers subservient position like that of British House
of the Swiss Constitution were keen to make of Lords and Canadian Senate. Annual
the Council of States analogous to the business such as budget is initiated one year
American Senate and enable it to enjoy the in the lower Chamber and the next year in the
position of precedence over the National Upper Chamber. Thus the Council of States
Council representatives. But with the passage has been able to preserve its entity.
of years, the Council of States appeared in the However, its small membership which
true colours. It failed to come up to the enables it to finish its work very promptly
expectations of its authors. Because of non- has, earned it the reputation of being an idle
uniformity of tenure and practice of recall in Chamber which in fact, it is not. In fact it has
some of the Cantons, the men of energy and failed to use its coordinate authority in the
ambition, usually are not attracted towards it. Federal Assembly and its small size to its
It is devoid of any special executive and judicial advantage. Unlike that of the Senators of USA
power unlike that of American Senate which who safeguard the interest of their respective
is equipped with important executive and states, the deputies of the Council if States act
judicial powers. Moreover, the Constitution as individual representatives dictated by their
vests co-equal and coordinate authority with own conscience. Hence, it will not be
both the Chambers. Naturally, outstanding presumptuous to hold that in Swiss
statesmen will like to become the members of Constitutional System the Council of States
the National Council which apart from sharing commands a low profile status and its role as
 Federal Parliament 275

compared with the American Senate is both the Houses simultaneously, which ensures
insignificant. Hence, it will not be an independent and separate consideration of the
exaggeration to hold that Swiss Council of bill by both the Chambers. The most important
States is not only a second but a secondary bills are introduced by the Federal Councillors
chamber as well. It does not enjoy the glamour though the other members can initiate the
of British House of Lords though it like the bills as well. Since the Federal Councillors
House of Lords plays a subsidiary role to the happen to be skillful administrators equipped
lower House. with common sense and mental grasp, either
It may be noted that there is no “whip” Cham ber, or the people, when they initiate the
system in the Parliament. The members vote measures, may by a resolution request them
without instructions. There are no “Treasury” to draft a bill on any specified subjects on
or “Opposition” benches. certain lines. At the commencement of every
session, the Federal Council presents a list of
Joint Sessions of the Houses bills to the Presidents of both the Houses of
Though, normally speaking, both the Houses the Swiss Legislature. The Presidents thereafter
meet separately to transact their daily business, mutually agree to assign each proposed
yet there is a provision for their joint session Measure to one or the other House.
for certain definite purposes as mentioned Introduction of a bill or a measure in one
below: House is taken for an automatic introduction
(a) For the election of the Federal Council of the same bill in the other House as well.
and its President, the judges of the Federal In both these Chambers, the measures are
Tribunal, the Chancellor of the referred to the Committees which consist of
Confederation and of the General-in-Chief representatives of parties in proportion to their
of the Federal Army; strength in the House. The Presidents of the
(b) For resolving a conflict of jurisdiction two Chambers and the “Scrutateurs” nominate
between the Federal authorities, i.e., the these members unless they are elected by the
conflicts between the Federal Council and House itself. Generally, these Committees

the Federal Tribunal or Insurance Tribunal unanimously agree on a decision which is

or between the latter two. communicated to the House through an elected
reporter. In case, the members of the
(c) For granting pardons. (It may however,
Committees have divergent opinions on a bill,
interest the reader that while pardon is to
they may communicate the same to the House
be granted, both the Houses meet in a
through two or more elected reporters. There
joint session. In case of granting amnesty
are twelve Standing Committees.
both the Houses meet separately).
In case of joint sessions, the Chairman of Relation between the Two Houses
the National Council presides and the decisions Complete equality of status is the most
are arrived at by a majority vote. Evidently, it remarkable feature of the Swiss Legislature.
establishes, the superiority of the numerically The Chambers of the Swiss Legislature possess
stronger Chamber. co-equal and co-ordinate authority in every
respect. As already said, bills can be initiated
Legislative Procedure in either of them. This is unlike that of India
The process of law-making in Switzerland is and UK where money bill must be initiated in
of a peculiar type. Neither of the two Houses the lower House.
has any special rights of priority. Unlike that Even the Federal Councillors are
of the other democracies of the world, every accountable to both the Houses. They have to
bill including the money bills is initiated in answer the questions in both the Houses. For
 276 World Constitutions—Switzerland

electing the members of the Federal Council, vested with all kinds of functions—the
the judges of the Federal Tribunal, the legislative, the executive, the judicial and the
Chancellor and the Commander-in-Chief, both constitu tion-amending.
the Houses hold a joint session. For granting
Legislative and Financial Powers
of pardons and resolving of disputes amongst
the federal authorities, both the Houses sit The supreme authority of the Confederation is
together. Hence, as already said, Dr C F Strong vested with the Federal Assembly. According
views Swiss Legislature as the only legislature to Article 173(2), the Federal Assembly is
in the world the functions of whose Upper competent to deliberate on all matters which
House are in no way differentiated from those this Constitution places within the competence
of the Lower. of the Confederation and which are not
assigned to any other federal authority. The
How Conflicts between the Houses are following are its legislative and financial
Resolved? powers:
In fact, the Swiss Constitution does not make (a) It passes all federal laws and legislative
any provision for resolving of conflicts, if at ordinances;
all they occur between the two Houses. This is (b) It passes the annual budget, appropriates
a lacuna in the Swiss Constitution. Though it the State accounts and authorises public
appears to be a serious drawback in the loans floated by the Federal Government;
Constitution, yet in actual practice, it is not a
(c) It determines and enacts necessary
serious handicap. Deadlocks between the two
measures to ensure the due observance of
Houses are very rare. Even if they sometimes
the Federal Constitution, the guarantee of
occur they “have not been pushed to a point
the cantonal Constitution and the
of a constitutional crisis”.? It is due to three
fulfilment of federal obligation;
reasons—(a) The control of legislation in
(d) It enacts measures ensuring the external
Switzerland ultimately lies with the people;
safety of the country, her independence
(b) The Swiss Council of State is no more
and neutrality;
conservative than the National Council; (c)
Neither of the two Houses is prepared to (e) It adopts measures ensuring the territorial
adopt an uncompromising attitude. integrity of the Cantons and their
Constitutions, the internal safety of
There does however, exist an elaborate
Switzerland and the maintenance of peace.
procedure for reconciliating differences of
opinions between the Councils. If the It may however, be said that all laws
procedure for resolving differences fails, the whether urgent or not, passed by the
whole project is dropped. If it is reintroduced, Assembly, are subject to the ratification of the
it is to be started afresh. If it is essential to people, if 30,000 Swiss citizens or eight Cantons
arrive at a decision, the two Chambers meet in so demand it. The urgent bills get inoperative
a joint session and decide by a vote. In such a one year after their adoption by the Assembly,
case, the will of the Lower House which is if they are not approved by the people within
much bigger in size than the Upper Chamber, this period.‘
is apt to prevail. Executive Powers

Powers of the Federal Assembly (a) Both the Houses in a joint session elect the
Federal Councillor, the judges of the
In the words of Zurcher, “There are few
Federal Tribunal, the Chancellor, the
Parliaments which exercise more miscellaneous
members of the Insurance Tribunal and
duties.” In fact, the Federal Assembly has been
the Commander-in-Chief.
 Federal Parliament 277

(b) The right of election or confirmation, as amendment of the Swiss Constitution. If both
regards other officers, may be vested with the Houses agree to amend the Constitution,
the Assembly, by Federal Council. either wholly or partially, the proposed
(c) It supervises the activities of the Civil revision is submitted to the people for their
Service. acceptance or rejection. In case the Houses
(d) It decides administrative disputes and disagree with each other, the matter is referred

conflicts of jurisdiction between federal to the vote of the people for their decision
officials. whether they need such a revision or not. If
the majority of the Swiss vote for the revision,
(e) It determines salaries and allowances of
new elections to the Federal Assembly take
members of federal departments and of
place. The newly constituted Houses pass the
Federal Chancellory and also the
requisite amendment which is finally placed
establishment of permanent federal offices
before the people and the Cantons for their
and their salaries.
approval.
(f) It controls Federal Army.
The amendment is effected through
(g) It declares war and concludes peace. initiative too. Here too, Assembly plays a
(h) It ratifies alliances and treaties. The treaties conspicuous part.
concluded by the Cantons between
themselves or with the foreign States are General Supervision over Federal
to be ratified by the Federal Assembly Administration
provided that such cantonal treaties are The Federal Assembly exercises general
referred to the Federal Assembly either on supervision over the federal administration. It
the appeal by the Federal Council or issues instructions to the Federal Council in the
another Canton. form of postulates. The members of the
(i) It supervises even the Federal Tribunal. Assembly can elicit information from the
executive through “Interpellations”. Besides, the
Judicial Powers members of the National Council can also ask
Though the judicial powers of the Federal “minor questions” from the Federal Councillor
Assembly were considerably curtailed by the who are supposed to give written answers.
Constitutional Revision of 1874, yet they are Keeping in view these multifarious powers
quite significant: of the Federal Assembly, Zurcher remarked,
(a) The judges of the Federal Tribunal are “The makers of the Swiss Constitution
elected by the Federal Assembly. conferred upon the Federal Assembly all kinds
(b) It also hears appeals against the Federal of authority, legislative, executive and even
Council’s decisions on administrative judicial.” But a critical analysis of these powers
disputes. reveals that the legislature neither controls the
(c) It deals with the conflicts of jurisdiction
legislation nor the purse. It does not have a
between different federal authorities. hold on the executive either as it cannot oust
it. Thus the powers conferred upon the
(d) It exercises prerogative of pardon and
Assembly are more nominal than real. Codding
amnesty. Pardon is granted in joint session
correctly remarks, “The Federal Assembly has
of the two Houses, whereas amnesty is
been reduced to a certain extent to the position of
granted by two Chambers meeting
an advisory body with the electorate exercising the
separately.
real decision-making power.”?
Power to Amend the Constitution However, the legislative, executive, judicial
As already discussed, both the Chambers of and constitution-amending functions of the
the Federal Assembly participate in the Swiss Legislature make it crystal clear that the