Jonah Patel
The Swiss Federal Constitution and the US Constitution have influenced each other throughout history. The US Constitution was a model for Switzerland's fundamental rights, human rights, and separation of powers. The Swiss Federal Constitution, in its current form, is the third federal constitution of Switzerland, and it establishes the country as a federal republic of 26 cantons. The US and Swiss constitutions have both been amended over time, with the Swiss Constitution being changed by popular initiative ten times between 2002 and 2014. While the length of a constitution may be one indicator of its complexity and the level of detail it encompasses, a direct comparison of the lengths of the Swiss and US constitutions would require further exploration.
| Characteristics | Values |
|---|---|
| Date of Enactment | US Constitution: 1787; Swiss Constitution: 18 April 1999 |
| Number of Amendments | US Constitution: 27; Swiss Constitution: 10 between 2002 and 2014 |
| Word Count | US Constitution: 4,543 words; Swiss Constitution: 16,000 words |
| Number of Cantons | US Constitution: N/A; Swiss Constitution: 26 |
| Influence | US Constitution: Influenced the Swiss Constitution; Swiss Constitution: Influenced by the US Constitution |
| Gender Discrimination | US Constitution: N/A; Swiss Constitution: Refers to Swiss people as "women and men of Switzerland" to acknowledge past gender discrimination |
| Archaisms | US Constitution: N/A; Swiss Constitution: Eliminated archaisms such as the tax upon a bride moving into the bridegroom's house and the prohibition on cantons having military forces of more than 300 people |
| Preamble | US Constitution: N/A; Swiss Constitution: Invokes God and emphasizes "openness" towards the world, a break from past isolationism |
| Fundamental Rights | US Constitution: N/A; Swiss Constitution: Explicitly provides for nine fundamental rights |
| Military Service | US Constitution: N/A; Swiss Constitution: Mandatory for men, voluntary for women |
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What You'll Learn
- The Swiss Constitution is longer than the US Constitution
- The Swiss Constitution has been changed by popular initiative
- The US Constitution was a model for Switzerland's fundamental rights
- The Swiss Constitution recognises past gender discrimination
- The Swiss Constitution outlines the relationship between the Confederation, cantons and communes
The Swiss Constitution is longer than the US Constitution
The Swiss Constitution has a preamble that invokes God, continuing a Swiss constitutional tradition. It also includes provisions about responsibility to future generations, acknowledging past gender discrimination, and eliminating archaisms from the old constitution. The Swiss Constitution's general provisions define the traits of the Swiss state at the federal, cantonal, and municipal levels. It also addresses the use of the army, language protection, and the relationship between church and state.
In contrast, the US Constitution focuses on establishing the federal government's structure and powers, including the legislative, executive, and judicial branches. It outlines the powers of Congress, the role of the President, and the Supreme Court's authority. The US Constitution also includes provisions for state representation in Congress, the admission of new states, and the amendment process.
The Swiss Constitution's length can be attributed to its comprehensive nature, addressing not only governmental structures but also a wide range of rights and responsibilities. It reflects Switzerland's history as a confederation of independent states, with the current constitution being the third federal constitution. The Swiss Constitution was adopted through a referendum in 1999, with amendments in 2002.
While the US Constitution serves as a foundational document, it is relatively concise compared to the Swiss Constitution. The US Constitution's brevity may reflect the historical context of its creation, focusing on establishing a federal government and outlining basic principles. However, it has been amended over time to address specific issues and adapt to the evolving needs of the nation.
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The Swiss Constitution has been changed by popular initiative
The Swiss Constitution has been revised several times since its inception, with the current version being the third federal constitution of Switzerland. The first Swiss constitution was promulgated on 12 September 1848, transforming Switzerland into a federal state. This constitution was revised in 1874, and again in 1999, with the most recent version being adopted in a referendum on 18 April 1999.
The 1999 Constitution of Switzerland consists of a preamble and six parts, encompassing 196 articles. It establishes the Swiss Confederation as a federal republic of 26 cantons (states) and outlines fundamental rights, including the right to popular referendums on federal laws and constitutional amendments.
Another example of a popular initiative was the proposal in 2016, known as the "Swiss Law Instead of Foreign Judges (Self-Determination Initiative)". This initiative aimed to amend the Swiss Constitution to establish its supremacy over international law, except for peremptory norms. It also sought to prohibit the Federation and Swiss cantons from entering into international agreements that conflicted with the Constitution. However, this particular initiative was rejected by voters.
The Swiss Constitution allows for partial revisions through the "right of initiative," where voters can request amendments or introduce new articles. This mechanism, called the federal popular initiative, enables ongoing partial revisions to the constitution.
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The US Constitution was a model for Switzerland's fundamental rights
The Swiss Federal Constitution of 1848 was influenced by the US Constitution. The Swiss Confederation had been operating as a sovereign federation of states since 1648, around the same time that Great Britain established its colonies on the east coast of North America. This led to the exchange of ideas between the two nations, which influenced each other's political systems.
The Swiss Federal Constitution of 1848 incorporated key elements of the US Federal Constitution of 1787/1789. The US Constitution's famous preamble, "We the People", inspired the Swiss Constitution's preamble, which begins with a solemn invocation of God and emphasises values such as "liberty and democracy, independence and peace in solidarity, and openness towards the world".
The US Constitution's Bill of Rights, which enshrined fundamental human rights, also influenced the Swiss Constitution's recognition of fundamental rights. The Swiss Constitution of 1848 included provisions for direct democracy, which became an important point of reference for Switzerland's democratic development. The Swiss Constitution has been revised multiple times since, with the current version adopted in 1999 and revised in 2002.
The Swiss Constitution's federal state concept with a bicameral system was modelled on the US Constitution. The work of Swiss philosopher and writer Troxler, who advocated for this federal state concept, likely influenced the deliberations of the relevant committee through one of his former students. Troxler's ideas aligned with the teachings of Francophone Switzerland's school of natural law, which played a significant role in the North American independence movement and the American Revolution.
The Swiss Constitution, like its American counterpart, establishes a federal republic with a catalogue of individual and popular rights. Both constitutions recognise the right to call for referendums and constitutional amendments, reflecting a shared commitment to direct democracy. The Swiss Constitution's explicit provision for nine fundamental rights, including social goals such as the availability of social security, healthcare, and housing, demonstrates a strong commitment to protecting the rights of its citizens.
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The Swiss Constitution recognises past gender discrimination
The Swiss Constitution, which came into effect on 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, including the right to call for popular referendums on federal laws and constitutional amendments, and delineates the responsibilities of the cantons and the Confederation. It also establishes the federal authorities of the government.
The Federal Constitution of 1999, with amendments through 2002, provides for equal opportunities for all citizens to the extent possible. It guarantees equality and the same legal status and rights for women as for men under laws concerning family, religion, marital status, nationality, employment, and equal pay, and owning or managing a business or property. The Federal Office for Gender Equality and the State Secretariat for Economic Affairs distributed flyers and maintained websites for survivors with information on their rights and options to address abuses.
Despite these constitutional provisions and efforts by government bodies, reports suggest that there has not been enough progress in Switzerland regarding gender equality. For example, the Global Gender Gap Report 2014 noted that Switzerland had stagnated or even regressed concerning the Global Gender Gap Index since 2010. The report also highlighted the lack of female representation in Swiss companies' boardrooms, with 60% of companies listed on the stock exchange not having any women on their boards of directors. This low diversity in corporate governance has also impacted the political system, as women rarely hold managerial positions and thus have a "legitimacy handicap" in accessing political functions.
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The Swiss Constitution outlines the relationship between the Confederation, cantons and communes
The Swiss Federal Constitution outlines the relationship between the Confederation, cantons, and communes. It establishes the Swiss Confederation as a federal republic of 26 cantons (states). The document contains 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 the government.
The Swiss Constitution has evolved over time, with the current version being the third federal constitution, promulgated on April 18, 1999, and revised in 2002. The 1999 revision replaced the previous federal constitution of 1874, which contained a limited number of fundamental rights. The 1999 revision aimed to bring the constitution up to date without changing its substance.
Prior to 1798, Switzerland was a confederation of independent states, not a federal state, and was based on treaties rather than a constitution. The Helvetic Republic of 1798–1803 had a constitution drafted primarily by Peter Ochs, which was later replaced by the Act of Mediation and then the Federal Treaty of 1815, restoring the Confederacy. The individual cantons then created their own cantonal constitutions, which served as precedents for the later federal constitution.
The Swiss Constitution recognises the cantons' sovereignty while establishing the primacy of the Federal Constitution in cases of contradiction. The cantons retain the right to designate their official languages, regulate the relationship between church and state, and engage their troops for maintaining public order on their territory. The Confederation's role includes supporting plurilingual cantons, encouraging Swiss film culture, and legislating on fair compensation for those who suffer health impairment or loss of life during military service.
The Swiss Constitution also acknowledges gender discrimination in the past, referring to Swiss people as "women and men of Switzerland." It eliminated certain archaisms, such as the tax on a bride moving into her groom's house and the prohibition on cantons having military forces exceeding 300 people.
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Frequently asked questions
Yes, the Swiss Constitution is longer than the US Constitution. The US Constitution has 7 articles and 27 amendments, while the Swiss Constitution has 196 articles and has been changed by popular initiative ten times between 2002 and 2014.
The Swiss Constitution establishes Switzerland as a federal republic of 26 cantons (states). It outlines the rights of Swiss citizens, the responsibilities of the cantons and the Confederation, and establishes the federal authorities of government.
One difference is that Switzerland is a federal republic of cantons (states), whereas the US is a federal republic of states. Another difference is that Switzerland has a bicameral parliamentary system, with two houses of parliament, whereas the US has a three-chamber system, with the House of Representatives, the Senate, and the House of Delegates.
Yes, there has been some influence and inspiration between the two constitutions. In 1848, Swiss philosopher Ignaz Paul Troxler published a text titled "The Constitution of the United States of North America as a Model for Swiss Federal Reform". The US Constitution was also a model for Switzerland's fundamental rights, human rights, and separation of powers.
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