Switzerland; Switzerland -- Politics and government -- 1815-
19. The administration of justice remains with the Cantons, save as
affected by the powers of the Federal Tribunal.
20. The Cantons may, by correspondence, exercise the right of
initiative as to measures in either council of the Federal Assembly.
The duty of the federal government to intervene for the enforcement
of its guarantee of the “constitutional rights of citizens” in the
Cantons has been declared by the Federal Council in these words:
“When complaints are made regarding the violation of the constitution
in a Canton, and these are brought before the federal authorities,
the latter become in duty bound to investigate them and to form a
decision as to their foundation or want of foundation, and as to
necessary further regulations. For the Confederation guarantees
the constitutional rights of the citizen as well as the rights of
the authorities. The earlier articles of union also guaranteed the
constitutions, but this guarantee was otherwise explained, and many
complaints of unconstitutional proceedings and circumstances were
raised and disregarded. It was desired that these should be no longer
endured, and there was demanded an effective guarantee against
violations of the constitution. Thus arose Article 5 of the federal
constitution, which guaranteed with almost pedantic care the rights of
the nation and the constitutional rights of the citizen. It would, in
fact, be a remarkable relapse into the old view and order of things, a
striking denial of the principles contained in Article 5, if we were to
assume that, in case of a formally presented complaint, the federal
authorities were free to interfere or not. We hold rather that in such
cases the federal authorities are obliged to take up the complaints and
render a decision regarding them.”
If a cantonal law violates the federal constitution or a federal
law, the Federal Tribunal will declare it invalid; but in some cases
recourse must be had to the Federal Council. The protection guaranteed
by the constitution applies to disturbances of the peace within a
Canton, to attacks of one Canton on another, or to a foreign attack.
The appeal, as a rule, is to the Federal Council, exceptionally to
other Cantons; with the existing facilities for communication with the
Federal Council, aid is now demanded exclusively from that body. This
feature in the relation of the general government to the Canton, and
Canton to Canton, is very different from that of the United States
to the State, and State to State. The State is more independent than
the Canton of this external interference. It is not obliged to obey
the summons of any other State for help; it has, in fact, no right
to render any such aid. The government in the United States may not
intervene even to preserve order in a State except on the request of
the legislature or the executive of the State.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account