Switzerland; Switzerland -- Politics and government -- 1815-
2. _Arbitration._--This first appeared in 1351, when Zurich joined
the League. It became more common as the number of the confederates
increased, and was the method employed when friendly remonstrance
failed, and when war was not declared. The arrangement as to the place
of meeting, the number and the method of choosing the arbitrators,
and other details, varied according to the stipulations contained in
the various treaties by which each Canton had been admitted into the
Confederation. The number of arbitrators was usually fixed at two for
each party, and, in case of disagreement, they selected an impartial
foreman or umpire; “the question of the choice of the foreman,” says
a contemporary historian, “was unquestionably the main point in the
whole system of the Courts of Arbitration, for, generally, he was
the only real and impartial judge.” This method was substantially
the only one employed from 1351 to 1798. During the existence of
the Helvetic Republic, there was established a Central Judiciary
along with a Central Executive and Legislature. It consisted of a
member and an assistant, nominated by each Canton, one-fourth being
renewed annually. It had original jurisdiction over the members of
the executive and of the legislature, and in criminal cases involving
the penalty of death or of imprisonment and banishment. It acted as a
Court of Appeals in civil matters, when the decisions of the inferior
courts were invalid by reason of want of jurisdiction, whether through
informality or violation of the constitution. This court practically
subsisted under Napoleon’s Act of Mediation, set up in 1803. With
the partial restoration of things in 1815 to the _status quo ante_
1798, came naturally the restoration of the arbitration system, with
reference to which the most elaborate regulations were laid down in
the Federal Pact. This codification legally subsisted till 1848. A
revision was attempted in 1832, when, after the Paris Revolution of
1830, more liberal ideas began to assert themselves in Switzerland, but
it failed through the opposition of the Conservatives. The Reformers,
however, were successful in 1848, and by the constitution adopted that
year, a Federal Court was created, with jurisdiction in civil and
criminal cases, and also a limited jurisdiction in cases where rights
guaranteed by the constitution were alleged to have been infringed;
_provided_ that the Federal Legislature referred such cases to it.
The court consisted of eleven judges and eleven substitutes, elected
by the Federal Assembly for a term of three years. The president and
vice-president of the court were appointed by the same body annually.
Another attempt at revision was made in 1872, by which the functions of
the court as an interpreter and upholder of rights guaranteed by the
federal and cantonal constitutions would be very much extended, but it
was rejected. There was an appeal on questions of public law to the
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