Switzerland; Switzerland -- Politics and government -- 1815-
Federal Council, from which there was a further appeal to the Federal
Assembly. If the two chambers agreed, the decision was final; if they
disagreed, the decision of the Federal Council prevailed. This system
was found unsatisfactory, as a large part of the time of the chambers
was occupied in the discussion of mixed questions of law and politics.
When the Constitution of 1874 was adopted, this and many other defects
were in a measure remedied.
The fourth or last division of Chapter II. of the Swiss constitution,
“Federal Authorities,” is devoted to the Federal Tribunal, and declares:
1. There shall be a Federal Tribunal for the administration of justice
so far as it belongs to the Confederation. There shall be, moreover, a
jury for criminal cases.
2. The members of the Federal Tribunal and their alternates shall be
chosen by the Federal Assembly, which shall take care that all three
national languages are represented therein. The organization of the
Federal Tribunal and of its sections, the number of its members and
alternates, and their terms of office and salary shall be determined by
law.
3. Any Swiss citizen who is eligible to the National Council may be
chosen to the Federal Tribunal. The members of the Federal Assembly or
Federal Council, or officials appointed by those authorities, shall not
at the same time belong to the Federal Tribunal. The members of the
Federal Tribunal shall not during their term of office hold any other
office, either in the service of the Confederation or any Canton, nor
engage in any other pursuit, nor practise a profession.
4. The Federal Tribunal shall organize its own chancery, and appoint
the officials.
5. The judicial authority of the Federal Tribunal shall extend to civil
cases:
(_a_) Between the Confederation and the Cantons.
(_b_) Between the Confederation on the one part and corporations or
private persons on the other part; when such corporations or private
persons are the plaintiffs, and when the amount involved is of a degree
of importance to be fixed by federal legislation.
(_c_) Between Cantons.
(_d_) Between Cantons on the one part and corporations or private
persons on the other part upon the demand of either party, and where
the amount involved is of a degree of importance to be fixed by federal
legislation. It further has jurisdiction in suits concerning the status
of persons not subjects of any government (Heimathlosen), and conflicts
between Communes of different Cantons respecting the right of local
citizenship (_droit de cité_).
(_e_) The Federal Tribunal shall, moreover, decide other cases upon the
demand of both parties to the suit, and when the amount involved is of
a degree of importance to be fixed by federal legislation.
(_f_) The Federal Tribunal, with the aid of juries to pass upon
questions of fact, shall also have jurisdiction in criminal cases:
(1) Involving high treason against the Confederation or rebellion or
violence against the federal authorities.
Public-domain text, read in full here on John Shaqi.
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