Switzerland; Switzerland -- Politics and government -- 1815-
In the old days of the Swiss Confederation, the days of the
_Staatenbund_, when no part of the internal sovereignty had been given
over to any central power, the citizen of any Canton was regarded
and treated as a foreigner in any other Canton; he was as strictly
a _metoikos_ as a Corinthian who had settled at Athens, having no
voice in the government either of the Canton or Commune into which he
removed. All Swiss citizens who settled in _Gemeinden_, or Communes,
of which they had not the hereditary burghership, answered exactly
to the Greek _metoikos_; being in every important respect strangers
in the places where they themselves dwelt, and where, perhaps, their
forefathers had dwelt for generations. Down to 1815, it was left to
each Canton to determine for itself the conditions under which persons
from without could settle and gain citizenship; and for the first
time, under the Constitution of 1848, a general law governing this
matter was adopted; and it was still further extended and elaborated
by that of 1874.[57] The good example of the United States, where it
had already been constitutionally provided that “the citizens of each
State shall be entitled to all privileges and immunities of citizens in
the several States,” was followed in the present Swiss constitution;
giving every Swiss citizen equal federal and cantonal rights, in
whatever part of the Confederation he may settle. The two higher
franchises, those of the Confederation and the Canton, are assured to
him at his place of domicile as fully as to a native thereof; but to
the lower franchise of the Commune he can be admitted only by a special
grant, or by the effect of some special cantonal enactment. Communal
questions, even including citizenship, are left to the legislation of
the Canton and of the Commune itself, the federal constitution only
providing that one domiciled in the Commune shall not be discriminated
against as to taxation. The mere fact of indefinite residence and
contribution to the local taxes no more gives one a right to communal
than it would to American citizenship. Membership in the Commune is
the determining factor of Swiss citizenship. Modern states generally
recognize nationality as a personal relation not mainly dependent
on place of birth or domicile, but on descent from members of the
nation and personal reception into its membership, place of birth and
domicile coming in to complete the notion. Midway between these comes
the Swiss principle of membership in the Communes, which forms the
basis of membership of the Canton (_Cantonsbürgerrecht_), and that, in
turn, of the Swiss Confederation (_Schweizerbürgerrecht_). Citizenship
in Switzerland is primarily an affair of the Commune, from which the
broader conception of citizenship in the Canton and the Confederation
must be reached. The “right of origin” is the great imprescriptible
right and muniment of Swiss citizenship, and the production of a
Public-domain text, read in full here on John Shaqi.
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