1.
Written constitution
Swiss
Constitution has been reduced to writing and it comprises a detailed document
consisting of 122 articles. Such details have also been made the part of the
Constitutional Law as are normally regulated through statutes in other
countries. Constitutional conventions also constitute unwritten part of the
Constitution. Hence all traditions also performed due role along with conscious
and deliberate efforts in the development and growth of the Constitution.
2
Rigidity of the Constitution
The
procedure of Constitutional amendment, unlike that of Pakistan's, is a bit
lengthy one as it can be amended not only by the Federal Assembly but the
federating units and the electorate is also directly involved. There are two
important aspects of the process of Constitutional amendment:
(a)
Total Revision
Total
revision of the Constitution took place only once and that was in 1874. In
order to undertake total revision of the Constitution, both 1111 the Chambers
of the Federal Assembly are required to approve it along with the concurrence
of the majority of the cantons. Final approval has to be given by the people at
referendum. Such amendment got to be initiated by both the Chambers of the
Federal Assembly. Nevertheless, electorate by a specific majority may also
initiate such amendment. Accordingly, at least 50,000 voters make a request to
the Federal Assembly for total revision of the Constitution; such a move shall
be put at referendum to elicit public opinion. If approved by the people, both
the chambers of the Federal Assembly shall have to be re-elected. The newly
elected Assembly shall approve the revision of the Constitution in
collaboration with the majority of the Cantons. After getting approval, the
Constitution stands amended.
(b)
Partial Amendment. Partial amendment implies few alterations in different
provisions of the Constitution. This method has close resemblance with the
former method of amendment. If both the Chambers of Federal Assembly initiate
any proposal for constitutional amendment, it becomes part of the Constitution with
the approval of the majority of the Cantons and that of the People through
referendum. Nevertheless, the voters can also initiate such Proposal.
3.
Federal System.
According
to the Swiss Constitution, the word 'Confederation' has been used in the name
of the country, whereas the system is, in fact, federal one. It comprises 20
full Cantons and six half Cantons. The federal system ensures a suitable
balance between regional autonomy and the requirements of an effective national
government.
Division
of Powers
The
pattern of division of powers in Swiss Federation is, to a greater extent, modeled
on the pattern of American Federation. The powers of the central government
have been expressed in the Constitution in the form of a list. It includes all
such matters which relate to the collective interest, Second list deals with
concurrent affairs, on which both the central as well as Canton's governments
can legislate. In case of clash between the Central Law and that of the Cantons
Law, the former shall prevail. All the residuary powers are given to the
Cantons. It is worth-noting that the sphere of central legislation has been
expanded in the face of changing world-wide trends, leaning in favor of a
strong central government. The federal government, for example, was given the
power to legislate on nuclear affairs in 1957, and again in 1961, was empowered
to lay pipelines for petroleum and gas supply.
Federal
List.
Certain
important matters in the federal list are defense, foreign affairs, appointment
of diplomatic corps, declaration of war, making of peace, negotiation of
treaties, administration, railway, currency, commerce, planning, banking, post
and telegraph, weights and measures, citizenship laws, natural resources, etc.
Concurrent
List.
Following
are certain important matters included in the as well as Canton's governments
are authorized to legislate Concurrent List: Construction and maintenance of
high ways, control over press, insurance and industry, promotion of education.
It should be recollected that both Central on such matters.
Regional
Autonomy
All
the federating units enjoy full autonomy within their respective sphere of
action. The national Constitution cannot be amended without their approval.
These are also authorized to frame their separate Constitutions. Certain
limitations have, however, been imposed by the Constitution in the interest of
the general welfare and national solidarity. First, no Canton is allowed to
insert in its Constitution any such clause as clashes with the provisions of
the Constitution of the Republic. Second, the political system of every Canton
is required to secure a republican form of government. Thirdly, the method of
amendment of every Constitution should ensure public participation in this
process. It is worth-pointing it out that cooperation between the federal
government and the governments of Cantons has been fully ascertained in various
fields.
Trends
of Centralism.
The Non federal
experience in the, past was a total failure, hence the presence of an effective
and stable central government was Thought indispensable. Total revision of the
Constitution, therefore, took place in 1874, in order to establish an effective
national government. From that time onward, the central government grew in
powers. At present, the jurisdiction of the central government has been
expanded even to the matters which were considered beyond its sphere of action
a century ago. New sources of 'revenue have been added and placed at its
disposal. The control of the central 'government has become more effective over
the Canton's governments due to continuous increase in grants in aid secured to
the latter. Two different methods have been employed in enhancing the powers of
the national government, viz., through formal amendments of the Constitution
and secondly, by strengthening certain Conventions of the Constitution.
The
Swiss federal structure cannot, however, be branded as closer to a unitary
system, despite the increasing trends of centralism. The federating units enjoy
residuary powers and many federal affairs, in contrast to American practice,
are administered through Canton's governments. Moreover, concurrence on the
part of Cantons is required to amend the federal Constitution. Swiss citizen's
nave proved to be the most vigilant and politically conscious people. They
would not like to depart with their traditional political heritage that ensures
direct involvement, 1 political decision-making. Hence, the presence of
vigilant public opinion coupled with a strong desire to preserve regional
autonomy, stands as an effective safeguard to promote national solidarity.
4.
Plural Executive.
Plural
executive is a novel feature of Swiss political system, i.e., no single person
is the head of the government, it is a collegian body known as Federal Council
which exercises executive authority. It consists of seven members elected by
the Federal Assembly for a period of four years. No single exalted individual
holds distinct position as President or Prime Minister. Presidency rotates
among all the members of Federal Council turn by turn. Certain features of the
Federal Council have resemblance with the characteristics of parliamentary form
while in some other ways, it is closer to presidential system. To illustrate,
all the members of the Council are generally elected from the members of the
Federal Assembly but after their election, they have to resign from its
membership. They actively participate in the deliberative process of the
Assembly and perform an important role in legislation. But they are deprived of
the right to vote within the legislative chambers. Federal Assembly has no
power to initiate no-confidence motion against the Council. Despite the
accountability of the Federal Council to the Assembly, the former enjoys
security of its tenure. Hence, this system combines the features of both,
parliamentary and presidential forms of government.
5.
Bicameral Legislature.
The
federal legislature is bicameral in which the upper chamber is named as State
Council while the lower one as National Council. The former represents the
federating units on parity basis and two seats are allocated to each Canton
while one seat to every half Canton. The total number of its members is 46.
National Council is the popularly, elected chamber and constituted on the basis
of one seat allocated to every twenty four thousands electorate. Both chambers
share equal powers.
6.
Direct Democracy.
Switzerland is a unique country where the
devices of direct democracy are put into practice in a modern age. Swiss people
consistently participate directly in public affairs through such devices as
initiative and recall. These political practices of popular participation help
in perpetuating the interest of the people in public affairs. Swiss people have
undoubtedly, demonstrated maximum level of political awareness. Public
participation in state-craft has not been confined merely to the election of
the rulers; they rather actively participate in policy-making. Through
initiative they may initiate proposals in respect of policy-making while they
may obstruct the passage of any bill or proposal to this effect by disapproving
it at referendum, Elected representatives can be called back prior to the
termination of their tenure, by the voters through recall.
7.
Fundamental Rights.
in
modern democracies, a list of fundamental rights is drawn in the constitutional
document so as to secure better protection to, public liberties. This practice
has been adopted in the Constitution of Islamic Republic of Pakistan as well.
But fundamental rights are not found explicitly in the form of a list in the
Swiss Constitution; rather different provisions of the Constitution deal with
fundamental freedoms Ail basic rights are enforced through the superior courts.
Certain important fundamental rights are the following;-
1.
Equality before Law.
All
citizens stand equal in the eyes of law and no discrimination is done in this
regard. The law of the %state provides equal protection to all citizens and
equal opportunities to all alike so that they may develop their capacities
according to their natural disposition.
2.
Freedom of Conscience and Religion.
All
citizens are adopting any faith and no -limitations are imposed in matters of
religion! Religious education cannot be imparted. to any person arbitrarily.
3.
Freedom of Expression.
Every
citizen has been ensured to express his Opinion with any fear or restraints.
But any speech impairing the prevailing laws is, however, treated as an
offence.
4.
Freedom of Press.
Media
enjoys maximum freedom and no restraints are imposed on communication activity
provided it is carried on in accordance with the dictates of law. Press is
expected to observe, rules of professional morality and keep into consideration
the national interest while performing its function.
5
Choice of Profession.
Every
citizen has been given the right to work for earning his livelihood. He may
adopt any profession of his choice. Right to
own property and all other belongings has also been secured. It is to be
noted, that the level of per capita income in Switzerland is one of the highest
amongst the developed countries.
6.
Right to education.
Primary
education is free and compulsory and no discrimination is done as far as
admission to public schools is concerned. Administration of primary education
is the responsibility of Canton's governments.
7.
Personal Liberty
Every
Swiss citizen has been ensured personal freedom and none can be detained
unlawfully without his guilt proved in a court of law. All citizens enjoy
freedom of movement within the territory of the state. They enjoy all family
rights including right to privacy. In short, Swiss citizens enjoy all
fundamental freedoms as are secured in modern democratic states.
8.
Political Rights
All
Swiss citizens enjoy equal political rights necessary for political
participation. The democratic traditions of this country are far advanced to
those of most of the other democracies. All citizens have been given the right
to vote on the basis of universal suffrage. Through different political devices,
the citizens participate directly in political decision-making and in enactment
of laws. The people are generally taken into confidence through Referendum on
all important policy matters. The system of direct democracy in its pristine
form, still flourishes at local level in an age of direct democracy.
9.
Representation of Woman
It
was on 7th February, 1971 that women were enfranchised as a result of
referendum, prior to that they remained deprived of the right to vote. In
October, 1984 the Federal Assembly elected first lady Cabinet Minister, 'Dr. Beth
Kopp, a member of the Radical Democratic Party. She became head of the Federal
Department of Justice and Police and was elected Vice-President of the country
in 1989.
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