Jonah Patel
The Swiss Federal Constitution was written on April 18, 1999, and is the third and current federal constitution of Switzerland. The document establishes the Swiss Confederation as a federal republic of 26 cantons (states) and outlines a catalogue of individual and popular rights, including the right to call for referendums on federal laws and constitutional amendments. The constitution was adopted by a referendum on the same day it was written, with a majority of the people and cantons voting in favour.
| Characteristics | Values |
|---|---|
| Date written | 18 April 1999 |
| Referendum date | 18 April 1999 |
| Type of government | Democratic federal republic |
| Number of cantons | 26 |
| National languages | German, French, Italian, Romansh |
| Rights | 9 fundamental rights, including the right to property ownership |
| Responsibilities | Protect the liberty and rights of the people, safeguard the independence and security of the country, promote the common welfare, sustainable development, internal cohesion, cultural diversity, and equality of opportunity |
| Sovereignty | Cantons are sovereign except when limited by the Federal Constitution |
| Amendments | 10 changes by popular initiative between 2002 and 2014 |
| Voting rights | All Swiss citizens over the age of 18, unless under guardianship due to mental illness or incapacity |
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What You'll Learn
The Swiss Constitution was written on April 18, 1999
The Swiss Constitution of 1999 establishes the Swiss Confederation as a federal republic of 26 cantons (states). It provides an explicit provision for nine fundamental rights, which, until then, had only been discussed and debated in the Federal Court. The preamble and the first title of the Constitution outline Switzerland as a democratic federal republic of 26 cantons governed by the rule of law. The preamble opens with an invocation of God, in keeping with Swiss constitutional tradition. It also includes values such as "liberty and democracy, independence and peace in solidarity and openness towards the world".
The general provisions in Title 1 define the characteristic traits of the Swiss state at its three levels of authority: federal, cantonal, and municipal. They enumerate the constituent cantons, affirm cantonal sovereignty within the bounds of the Constitution, and list the national languages—German, French, Italian, and Romansh. The Constitution also commits the state to the principles of obedience to law, proportionality, good faith, and respect for international law.
The Swiss Constitution of 1999 has been changed by popular initiative several times since its inception. For example, in 2013, provisions were added to grant the right of shareholders in Swiss public companies to determine executive pay. The Constitution also does not contain provisions on intellectual property, but it does guarantee the right to property ownership, stating that any compulsory purchase of property or restriction on ownership must be compensated in full.
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It replaced the federal constitution of 1874
The current Swiss Federal Constitution, adopted in 1999, replaced the federal constitution of 1874. The 1874 constitution was the first to be implemented in Switzerland, which, prior to 1798, was a confederation of independent states without a federal constitution. The 1874 constitution established a limited number of fundamental rights, some of which became less significant over time. For example, the right to a decent burial, guaranteed in Article 53 of the old constitution, became less relevant in the 20th century.
The Swiss Federal Supreme Court's extensive case law developed an array of implicit or "unwritten" fundamental rights, drawing on the case law of the European Court of Human Rights and the rights guaranteed in the European Convention on Human Rights (ECHR), which Switzerland ratified in 1974. In 1999, the Federal Assembly decided to codify this case law in the form of a comprehensive bill of rights, which is substantially congruent with the rights guaranteed in the ECHR, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights.
The 1999 Constitution was designed to bring the Swiss constitution up to date without changing its substance. It establishes Switzerland as a federal republic of 26 cantons (states) and contains a catalogue of individual and popular rights, including the right to call for popular referendums on federal laws and constitutional amendments. The document also delineates the responsibilities of the cantons and the Confederation and establishes the federal authorities of the government.
The 1999 Constitution has been revised multiple times since its adoption, with changes made by popular initiative in the period from 2002 to 2014. These revisions include provisions for the right of shareholders in Swiss public companies to determine executive pay and the right to a competitive marketplace, among others. The Constitution continues to evolve to meet the changing needs and values of Swiss society.
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The 1999 Constitution has been revised multiple times
The Federal Constitution of the Swiss Confederation of 18 April 1999 is the third and current federal constitution of Switzerland. It has been revised multiple times since its adoption.
The 1999 Constitution replaced the federal constitution of 1874, which contained a limited number of fundamental rights. The 1999 revision aimed to codify the extensive case law of the Federal Supreme Court into a comprehensive bill of rights. This bill of rights is substantially congruent with the rights guaranteed in the ECHR, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights.
One notable revision to the 1999 Constitution occurred in 2002. This revision included provisions for the right of shareholders in Swiss public companies to determine executive pay. Additionally, it addressed the right to a competitive marketplace, stipulating that any divergence from the principle of economic freedom, especially measures against competition, would only be allowed if provided for in the Federal Constitution or based on cantonal monopoly rights. The 2002 revision also reaffirmed the commitment to creating a unified Swiss economic area and protecting consumers from economically or socially damaging effects of cartels and other restrictions on competition.
Another significant revision took place in 2013, which addressed the claim of universal suffrage, the minimum age of Supreme Court judges, and the eligibility requirements for the first chamber. It established that all Swiss citizens aged 18 or older, barring those under guardianship due to mental illness or weakness, possess political rights in federal matters. This revision also emphasised the role of legislative initiatives by citizens and referendums in shaping federal matters.
The most recent revision mentioned was in 2014. This revision included provisions for safeguarding the interests of the Swiss economy and contributing to the welfare and economic security of the population. It reiterated the commitment to creating a unified Swiss economic area and ensuring that individuals with academic or recognised educational qualifications could practise their professions throughout Switzerland.
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It establishes Switzerland as a federal republic of 26 cantons
The Swiss Constitution, officially known as the Swiss Federal Constitution, was enacted in 1848, and it has undergone several revisions since then, with the most recent major revision being adopted by popular vote in 1999. One of its key functions is establishing Switzerland's status as a federal republic, comprised of 26 cantons, each with its own government and constitution. This structure reflects the country's long-standing commitment to federalism and direct democracy, where power is distributed across different levels of government, and the cantons retain significant autonomy.
The Swiss Confederation has its roots in the Middle Ages, with the founding of the Old Swiss Confederacy dating back to the late 13th and early 14th centuries. Over time, the number of cantons in the confederation varied, and it was not until the creation of the modern Swiss state in 1848 that the current number of 26 cantons was established. This was formalized in the Swiss Federal Constitution of 1848, which served as a foundational document, outlining the rights and responsibilities of the federal government and the cantons.
Each canton in Switzerland has its own unique characteristics, including its own constitution, government, and legal system. They vary in size, population, and cultural identity, with some having a long history of independence and others being more recently established. The cantons enjoy a high degree of autonomy, with their own legislative, executive, and judicial powers, while also contributing to the federal government and participating in the federal decision-making process.
The Swiss Federal Constitution guarantees the equality of the cantons, regardless of their size or population. Each canton sends representatives to the two chambers of the federal parliament: the National Council and the Council of States. This ensures that the cantons have a direct say in federal politics and that their interests are represented at the national level. The constitution also outlines the distribution of competencies between the federal government and the cantons, with the former handling matters of national importance and the latter retaining significant powers in areas such as education, healthcare, and policing.
The relationship between the federal government and the cantons is collaborative and interdependent. While the federal government sets the framework for national policies, the cantons are responsible for their implementation and can adapt them to meet local needs and circumstances. This federalist structure encourages political participation, as citizens are engaged not only at the national level but also in their respective cantonal and communal politics.
In conclusion, the Swiss Constitution's establishment of Switzerland as a federal republic of 26 cantons is a cornerstone of the country's political system. It reflects the Swiss commitment to federalism, direct democracy, and the distribution of power, ensuring that the cantons retain their autonomy and identity while contributing to a unified Swiss nation. This unique system of governance has played a pivotal role in shaping Switzerland's political landscape and fostering its stability and success.
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The document contains a catalogue of individual and popular rights
The Federal Constitution of the Swiss Confederation, written on 18 April 1999, is the third and current federal constitution of Switzerland. It contains a catalogue of individual and popular rights, including the right to call for popular referendums on federal laws and constitutional amendments. The constitution also outlines the responsibilities of the 26 cantons (states) and the federal government, and establishes the federal authorities of the government.
The 1999 Constitution has been changed by popular initiative ten times between 2002 and 2014. Notably, the preamble and the first title of the Constitution determine the general outlines of Switzerland as a democratic federal republic of 26 cantons governed by the rule of law. The preamble opens with an invocation of God, in keeping with Swiss constitutional tradition. It also includes a mandate from the Swiss people and cantons to the State authorities, as the Confederation's constituent powers, to adhere to the values listed in the preamble. These values include "liberty and democracy, independence and peace in solidarity and openness towards the world".
The 1999 Constitution provides explicit provisions for nine fundamental rights, which, until then, had only been discussed and debated in the Federal Court. The Federal Assembly decided to codify the extensive case law of the Swiss Federal Supreme Court into a comprehensive bill of rights, which is substantially congruent with the rights guaranteed in the ECHR, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights.
The Constitution also provides greater detail on tax laws and outlines the rights of Swiss citizens over the age of eighteen, who, unless they lack legal capacity due to mental illness or incapacity, have political rights in federal matters. All citizens have the same political rights and duties, including the right to participate in elections to the National Council and in federal popular votes, and the right to launch or sign popular initiatives and requests for referendums in federal matters.
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Frequently asked questions
The Swiss Constitution was written on 18 April 1999.
The 1999 Swiss Constitution established Switzerland as a federal republic of 26 cantons (states). It also contained a catalogue of individual and popular rights, including the right to call for referendums on federal laws and constitutional amendments.
The Swiss Constitution of 1999 has been revised multiple times, including in 2002, 2013, and 2014.
The official languages of the Swiss Constitution are German, French, Italian, and Romansh. English translations are also available for informational purposes, but they are not legally binding.
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