Eleanor Finch
Switzerland's current constitution, ratified in 1999, is the country's third federal constitution. It establishes Switzerland as a federal republic of 26 cantons, or states, and outlines the rights and responsibilities of its citizens and governing bodies. The constitution has been revised several times, including in 2002 and 2014, to incorporate modifications and ensure it remains relevant and reflective of the values and needs of Swiss society. While the number of chapters in the Swiss constitution is unclear, it contains around 200 articles, which set out the country's democratic framework and the functioning of its federal system.
| Characteristics | Values |
|---|---|
| Date of Enactment | 18 April 1999 |
| Previous Constitutions | 1848, 1874 |
| Number of Cantons | 26 |
| Type of State | Federal Republic |
| Number of National Council Members | 200 |
| Number of Council of States Members | 46 |
| Languages | German, French, Italian |
| Right to Call Referendum | Yes |
| Right to Competitive Marketplace | Yes |
| Right to Amend Constitution | Yes |
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What You'll Learn
Switzerland's constitution: federal vs. confederation
The Federal Constitution of the Swiss Confederation, established on 18 April 1999, is the third and current federal constitution of Switzerland. It outlines Switzerland as a democratic federal republic of 26 cantons (or states), each with its own constitution. The federal constitution supersedes cantonal constitutions in the event of a contradiction.
The Swiss Confederation was previously a confederation of independent states, based on treaties rather than a constitution. The current constitution establishes the Confederation as a federal republic, with a catalogue of individual and popular rights, including the right to call for referendums on federal laws and constitutional amendments. It also delineates the responsibilities of the cantons and the Confederation and establishes the federal authorities of government.
The constitution was adopted by a referendum on 18 April 1999, with a majority of both the people and the cantons voting in favour. This constitution replaced the federal constitution of 1874, which contained a limited number of fundamental rights, some of which became less significant over time. The 1999 revision aimed to bring the constitution up to date without changing its substance, and it introduced a comprehensive bill of rights, congruent with the rights guaranteed in the ECHR, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights.
The current constitution also includes provisions for the protection of the constitutional order of the cantons. The Confederation is to intervene if a canton's inner order is disturbed or threatened and cannot be protected by the canton alone or with the help of other cantons. It also protects the existence, territory, and sovereignty of the cantons, as long as this does not impinge on the Federal Constitution. Modifications to the number, status, or territory of cantons require the assent of the concerned populations, cantons, and the Federal Parliament in the form of a federal decree.
The Swiss Federal Constitution consists of various titles, with the first title outlining Switzerland as a democratic federal republic of 26 cantons, governed by the rule of law. Title 2 acknowledges past gender discrimination and refers to Swiss people as "women and men of Switzerland". Title 3 describes the relationships between the Confederation, the cantons, and the communes.
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The Swiss Federal Constitution's preamble
The current Swiss Federal Constitution, established on 18 April 1999, is the third federal constitution of Switzerland. It consists of a preamble and six parts, which together comprise 196 articles. The preamble, authored by journalist Daniel S. Miéville, is a symbolic summation of the will to and purpose of statehood, a declaration of intent by the popular sovereign, and an integrating avowal of the Swiss people's fundamental values.
The preamble opens with a solemn invocation of God, in keeping with Swiss constitutional tradition, dating back to the Federal Charter of 1291. It outlines Switzerland's commitment to "liberty and democracy, independence and peace in solidarity and openness towards the world." This "openness" marks a significant shift from previous Swiss constitutions, which tended towards internal isolationism.
The preamble also underscores the responsibility towards future generations of the people of Switzerland, recognising their rights and the need for sustainable practices. It establishes the Swiss Confederation as a federal republic of 26 cantons (states), with a catalogue of individual and popular rights, including the right to call for referendums on federal laws and constitutional amendments.
The preamble further emphasises the sovereignty of the cantons, provided it does not conflict with the Federal Constitution, thus maintaining the unique bottom-up Swiss constitutional tradition. It also delineates the responsibilities of the cantons and the Confederation, outlining the federal authorities of the government. The preamble sets the tone for the general provisions contained in Title 1 (articles 1-6), which define the characteristic traits of the Swiss state at the federal, cantonal, and municipal levels.
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Cantons: sovereignty and rights
The Swiss Federal Constitution of 18 April 1999 is the third and current federal constitution of Switzerland. It establishes the Swiss Confederation as a federal republic of 26 cantons (states). The document contains a catalogue of individual and popular rights, outlining the responsibilities of the cantons and the Confederation and establishing the federal authorities of government.
The Swiss Constitution guarantees the cantonal constitutions and the Confederation's protection of the constitutional order of the Cantons. The Cantons are guaranteed sovereignty, as long as this does not impinge on the Federal Constitution. The Confederation must intervene when public order in a Canton is disrupted or under threat, and the Canton in question cannot maintain order alone or with other Cantons' help. The Confederation is also responsible for protecting the existence and territory of the Cantons. Any change in the number of Cantons requires the consent of the citizens and the Cantons concerned, along with the People and the Cantons. Similarly, any change in territory between Cantons requires the consent of the Cantons concerned and their citizens, as well as the approval of the Federal Assembly in the form of a Federal Decree.
The Cantons have certain rights and responsibilities under the Swiss Constitution. For instance, the Confederation may legislate on professional activities in the private sector, but it must guarantee that persons with academic or educational qualifications recognised by a Canton can practise their profession throughout Switzerland. In terms of taxation, the Cantons receive a share of the yield of the withholding tax, and this share varies depending on the tax rate. The Cantons also have the power to authorise entertainment gambling under certain circumstances, such as when it is necessary to maintain or develop tourism.
The Federal Government and Federal Council are responsible for maintaining relations between the Confederation and the Cantons and collaborating with them. The Cantons are represented in the Council of States, which is the upper house of Switzerland's Federal Assembly, with 46 members. The number of seats in the National Council, the lower house, is based on the populations of the various Cantons, with each member currently representing about 42,000 people.
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The Swiss Federal Constitution's revisions
The current Swiss Federal Constitution is the third federal constitution of Switzerland and was established on 18 April 1999, coming into force on 1 January 2000. It consists of a preamble and six parts, which together make up 196 articles. The 1999 Constitution provides for nine fundamental rights and greater detail in tax laws. It also establishes Switzerland as a federal republic of 26 cantons (states), outlining the responsibilities of the cantons and the Confederation and establishing the federal authorities of government.
The 1999 Constitution was revised in 2002, with changes including the abrogation of the Federal Constitution of 29 May 1874, and the introduction of a beer tax. The 2002 revision also addressed Switzerland's accession to the United Nations, with the Federal Government empowered to address an application to the Secretary-General of the United Nations for admission.
The 1999 Constitution has been changed by popular initiative ten times between 2002 and 2014. Notable revisions include the introduction of provisions for the right of shareholders in Swiss public companies to determine executive pay in March 2013.
The Swiss Federal Constitution was wholly revised for the first time in the 1990s, but this was not the first time the constitution had been amended. The constitution had previously undergone a partial revision in 1891, which introduced the "right of initiative", allowing voters to request amendments to the constitution or to introduce new articles. This was inspired by the United States Constitution, with the creation of a bicameral assembly mirroring the House of Representatives and the Senate.
The 1874 constitution contained a limited number of fundamental rights, some of which became less significant over time, such as the right to a decent burial. This led to the Swiss Federal Supreme Court developing an array of implicit or "unwritten" fundamental rights, drawing on the case law of the European Court of Human Rights and the European Convention on Human Rights (ECHR), which Switzerland ratified in 1974.
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The Swiss Federal Constitution's chapters and articles
The Swiss Federal Constitution of 18 April 1999 is the third and current federal constitution of Switzerland. It comprises a preamble and six parts, which together contain 196 articles. The preamble is an invocation of God, in keeping with Swiss constitutional tradition, and outlines Switzerland's values, including liberty, democracy, independence, peace, and openness towards the world.
The first title of the Constitution, consisting of Articles 1–6, defines the characteristics of the Swiss state at its three levels of authority: federal, cantonal, and municipal. It establishes Switzerland as a federal republic of 26 cantons (or states) and outlines the rights and responsibilities of the federal government.
The third chapter of the Constitution addresses general financial aspects, particularly taxation. Title 4 clarifies fundamental political rights, including the rights to initiatives and referendums, while Title 5 regulates the function and responsibilities of the three branches of the federal government: the Federal Assembly (legislative), Federal Council (executive), and Federal Court (judicial).
The Constitution also includes provisions for the protection of the constitutional order of the cantons, intervention in cases of disturbances or threats, and the preservation of their existence and territory. It outlines the right to call for popular referendums on federal laws and constitutional amendments and establishes the federal authorities of the government.
The 1999 Constitution has been revised multiple times since its implementation, with changes made through popular initiatives and revisions to address specific issues and adapt to evolving circumstances in Switzerland.
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Frequently asked questions
The current constitution of Switzerland, established in 1999, does not appear to be divided into chapters. Instead, it is divided into articles, with around 200 articles in total.
There are around 200 articles in the current Swiss constitution.
The 1874 Swiss constitution contained 200 or so articles. However, it is unclear if this refers to the number of articles in the constitution before or after the 1891 partial revision.
The Swiss constitution is structured into a preamble and several titles. The first title of the constitution outlines Switzerland as a democratic federal republic of 26 cantons.
