The Swiss Constitution
21 December 2022
The Founders
There are two founders of the Swiss Confederation (Confoederatio Helvetica): the people and the cantons, according to the Preamble and Article 1 of the Federal Constitution, FC, (Bundesverfassung, Constituziun federala, Constitution fédérale, Costituzione federale).
The Swiss people and the cantons (Das Schweizervolk und die Kantone, Il peuple svizzero et les cantons suisses, Il Popolo svizzero et l’Cantoni, Präambel, Preambel, Préambule, Preambolo) constitute the Swiss Confederation (bilden die Schweizerische Eidgenossenschaft, furman la Confederaziun svizra, forment la Confédération suisse, costituiscono la Confederazione Svizzera, Art. 1 FC ).
The People
The people, and the cantons, are the supreme sovereign power and a legislative body. Art. 51 FC also reflects the highest sovereign power of the people.
Each canton has a democratic constitution, which only enters into force with the people’s consent. A majority vote of the people can always amend the Constitution.
The constitution of a canton must comply with the principles of the federal constitution and all applicable (human rights) treaties.
For example, the Supreme Court (Bundesgericht/Tribunal fédéral) in Lausanne recently (29 July 2019) ruled that the electoral system for the government (der Grosse Rat) of the canton of Graubünden does not meet the democratic conditions of the federal constitution. A new electoral system replaced the old system.
But who or what is meant by ‘the people’? The term represents all inhabitants holding civil rights and the right to vote and to be elected in the municipalities, the cantons and the Confederation (Art. 37(1) FC.
Voting rights
The cantons’ constitutions have delegated civil rights to the municipalities based on the (minimum) conditions of the federal government (Art. 38, 1-3 FC).
The procedure and justification must always follow the principles of the federal and cantonal constitutions (i.e. must not be based on procedural irregularities, arbitrariness, discrimination, etc.).
Articles 39 and 136 FC grant the right to vote, be elected and reside in any canton (Art. 24 FC).
The powers are mainly defined at the cantonal and municipal level, except the national conscription (compulsory military enrolment) for men, including the possibility of performing substitute service and the voluntary or non-compulsory military service for women (Art. 59 FC).
Only Swiss citizens have political (voting) rights at the federal level.
Foreigners
The cantons may grant political rights to non-Swiss residents. However, in eight cantons, non-Swiss citizens-residents can participate in municipal and/or cantonal politics.
They have the right to vote and, in some cases, to be elected. Five (French-speaking) cantons (Jura, Neuchâtel, Vaud, Genève, Fribourg) give foreign residents the right to vote and to be elected in municipalities.
The constitutions of three German-speaking cantons (Graubünden, Appenzell Ausserrhoden and Basel-Stadt) allow municipalities to introduce this system for foreigners.
The municipalities, i.e. the people, decide to grant the right to vote and/or stand as a candidate. As a result, this possibility may exist in one municipality but not in another within the same canton.
Two cantons grant the right to vote for cantonal representations (Jura, Neuchâtel).
The sovereign
The explicit mention of the People in the Swiss Constitution is not an empty word.
On the contrary, citizens have extensive and guaranteed political rights. They often use them at the municipal, cantonal and federal levels.
The Swiss Confederation and the federal government were created by the (male) citizens and the cantons in 1848.
The last major revision of the Constitution was also ratified by the people (including the female population) and went into effect on 1 January 2000.
This extraordinary political continuity, mutual trust, and dialogue between the federal government, the cantons, the municipalities and the people are the fundaments of Switzerland’s (economic, monetary, social, and cultural) success.
The people (and the cantons) were and are the country’s sovereign power founded by them in 1848.