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Switzerland
Introduction Switzerland , federated country of central Europe. Switzerland’s administrative capital is Bern, while Lausanne serves as its judicial centre. Switzerland’s small size—its total area is about half that of Scotland—and its modest population give little indication of its international significance. The Constitution was adopted by a referendum on 18 April 1999, in which a majority of the people and the Cantons voted in favour. It replaced the prior federal constitution of 1874, which it was intended to be brought up to date without changing its substance. Prior to 1798, the Swiss Confederacy was a confederation of independent states, not a federal state, and as such was based on treaties rather than a constitution. The Helvetic Republic of 1798–1803 had a constitution largely drawn up by Peter Ochs, in 1803 replaced by the Act of Mediation, which was in turn replaced by the Federal Treaty of 1815, which restored the Confederacy, while the individual cantons drew up cantonal constitutions, in most respects based on the Ancien Régime of the 18th century, but with notable liberal innovations in the constitutions of the new cantons of St. Gallen, Aargau, Thurgau, Ticino, Vaud and Geneva. The new cantonal constitutions in many cases served as precedents for the later federal constitution.[3] Following the French July Revolution in 1830, a number of large assemblies were held calling for new cantonal constitutions.[4]^ The modifications to the cantonal constitutions made during this period of "Regeneration" remains the basis of the current-day cantonal constitutions. Vaud introduced the legislative popular initiative in 1846. Berne introduced the legislative optional referendum in the same year. [5] The political crisis of the Regeneration period culminated in the Sonderbund War of November 1847. As a result of the Sonderbund War, Switzerland was transformed into a federal state, with a constitution promulgated on 12 September
- This constitution provided for the cantons' sovereignty, as long as this did not impinge on the Fed eral Constitution. The creation of a bicameral assembly was consciously inspired by the United States Constitution, the National Council and Council of States corresponding to the House of Representatives and Senate, respectively.[6] The Constitution of 1848 was partly revised in 1866, and wholly revised in 1874. This latter constitutional change introduced the referendum at the federal level.[ citation needed ] In a partial revision of 1891, the "right of initiative" was introduced, under which a certain number of voters could make a request to amend a constitutional article, or even to introduce a new article into the constitution. This mechanism is called federal popular initiative. Thus, partial revisions of the constitution could – from this time onward – be made at any time. Twelve such changes were made in the period of 1893 to 1994 (with no changes during the thirty-year period of 1950– 1980):[7] 20 August 1893: prohibition of schechita without anesthetization 5 July 1908: prohibition of absinthe 13 October 1918: proportional representation in the Swiss National Council 21 March 1920: prohibition of casino gambling 30 January 1921: mandatory referendum on international treaties signed by Switzerland 2 December 1928: exemptions on the ban on casinos 11 September 1949: provisions for the optional referendum procedure 28 November 1982: provisions against overpricing 6 December 1987: protection of wetlands (against the proposed Rothenturm military training area) 23 September 1990: moratorium on nuclear power plants 26 September 1993: Swiss National Day 20 February 1994: protection of the Alpine landscape (limitations on trans-alpine traffic) The Federal Constitution was wholly revised for the second time in the 1990s, and the new version was approved by popular and cantonal vote on 18 April 1999. It came into force on 1 January 2000. The 1999 Constitution of Switzerland consists of a Preamble and 6 Parts, which together make up 196 Articles.[1] It provides an explicit provision for nine fundamental rights, which up until then had only been discussed and debated in the Federal Court. It also provides for greater details in tax laws. The Constitution of 1999 has been changed by popular initiative ten times in the period of 2002 to 2014, as follows:[7]
3 March 2002: Accession to the United Nations 8 February 2004: Indefinite confinement of dangerous sexual offenders 27 November 2005: Restrictions on the use of genetically modified organisms in agriculture 30 November 2008: Abolition of the statute of limitations for child sexual abuse 29 November 2009: Prohibition of minarets 28 November 2010: extradition of convicted foreign citizens 11 March 2012: Limitation on building permits for holiday homes 3 March 2013: Provisions for the right of shareholders in Swiss public companies to determine executive pay 9 February 2014: Principle of immigration quotas 8 May 2014: Prohibition of convicted pedophiles from working with minors
Federal features
1. Supremacy of the Federal Parliament: The Swiss Constitution, in the strictly legal sense, makes the Federal Parliament supreme. It can be inferred from three features: (a) The laws passed by the Federal Parliament are not subject to any veto power of the executive. (b) The laws of the Federal Parliament are not subject to judicial review. The Swiss Federal Court (The Federal Supreme Court) has no power of judicial review over federal laws. (c) The Swiss Federal Parliament elects the members of the Federal Government as well as the judges of the Federal Court. The Federal Councilors/Ministers are not the members of the legislature. They, however, participate in the deliberations of the two houses, but without the right to vote. The members of the Federal Government are responsible before the Federal Parliament and obey the directions issued, and enforce the laws made by it. The Federal Parliament has the power to disapprove or approve all the proposals made by the Federal government. Feature # 2. Supremacy of Parliament Subject to Popular Will: However, supremacy of the Federal Parliament is limited by the popular will. The Swiss people have the power to demand a referendum on the laws made by it. They can reject any law of the Federal Parliament in such a referendum. The constitutional amendments passed by the parliament are subject to compulsory referendum and these get incorporated in the constitution only when these are approved by a majority of voters as well as of the Cantons. As such, the law-making and constituent powers of the Federal Parliament are subject to the rights reserved to the people and the Cantons (Article 148). D. E. Rappard has rightly
The system of proportional representation, the operation of Referendum, and lack of opposition, have all combined to dilute the position of the Federal Parliament in the Swiss Political System. Feature 2 Federal Feature # 1. Cantons as Non-Sovereign Units: Switzerland is a sovereign state with 20 full Cantons and 6 half Cantons. These are counted as 23 Cantons because 6 half Cantons together constitute 3 full Cantons. These Cantons are non-sovereign units which together form the Swiss Federation. The process of their unification started in 1291 with the Everlasting Alliance between three Cantons- Uri, Schwyz and Unterwalden (Obwalden). By 1513, the alliance came to have 13 Cantons. In 1648, the Treaty of Westphalia recognized the alliance as a confederation. The establishment of a united Helvetic Republic in 1798 after the French conquest of Switzerland came as a blessing in disguise in so far as it gave strength to the forces of integration. The fall of the Helvetic Republic was followed by the Federal Pact which declared: “The Cantons were uniting for their common safety and the preservation of their liberty and independence against all foreign aggression as well as to preserve internal peace and order.” The Congress of Vienna gave recognition to the Swiss confederation. Thereafter, six more Cantons joined the Confederation, in 1815, when the 3 French speaking Cantons joined it, Switzerland came to be a confederation of 22 Cantons. Federal Feature # 2. A Federation and not a Confederation: During 1815-48, Switzerland experienced a civil war between the Radicals supporting complete unity into a federation and the Federalists supporting increased autonomy of rights and freedom for the Cantons. The victory of the Radicals in this war, which came to be known as the Sonderbund War, set the stage for the transformation of Switzerland into a federation of 22 Cantons. ADVERTISEMENTS: This was accomplished by the Constitution of 1848. In 1874, a total revision of the 1848 - Constitution was made in order to further strengthen the central government and to make Switzerland a true federation. Later on, one more Full Canton was created as a part of the Swiss confederation.
This made Switzerland a federation of 23 Cantons. However, during 1874-1999 due to the legacy of his history, Switzerland continued to be officially described as a confederation. The new Constitution (2000) has however-described Switzerland as a federation. Art. 1 of the Constitution bears the title Swiss Federation and contains a list of the Swiss Cantons. Federal Feature # 3. Written Constitution: Like a true federation, Switzerland has a written constitution by which the division of powers has been affected between the Swiss federal government and the 23 Cantonal governments. The Constitution of Switzerland is the supreme law of the land. No Cantonal constitution can in any way contain anything against the Swiss Constitution. It contains elaborate provision regarding the nature of Swiss Federation and the Federal— Cantonal relations. Federal Feature # 4. Division of Powers: ADVERTISEMENTS: The Swiss Constitution creates a division of powers between the Federation and the Cantons in a truly federal way. It specifies the powers of the federation and the joint powers of the federation and the Cantons. It vests the residuary powers with the Cantons. The Cantons enjoy autonomy in respect of the legislation and administration of all those subjects which have not been given to the federation. The federation has been given powers in respect of subjects of national and common interest and importance. The federal list includes defence, foreign affairs, railways, P and T, banking and commerce, currency, nationalization and others. The new Constitution now describes the powers of the Swiss Federation in a very detailed manner (Article 54 to 135). The Cantons have the residuary subjects, and have retained the powers which have not given to the federation. The Cantonal governments look after law and order, elections, construction of public works and highways, local government, public education and other such subjects. Both the Federation and the Cantons have been given the power to legislate on some concurrent subjects. The Concurrent List includes industrial conditions, insurance, regulation of the press and education, highways and some others. However, in case of a conflict between a federal law and the law of any Canton on a concurrent subject, the former prevails over the latter.
(ii) It can in no way be opposed to or violative of the Federal Constitution; (iii) It must provide for amendment by a popular vote. ADVERTISEMENTS: The Swiss Cantons have been guaranteed autonomy of internal administration. Federal Feature # 9. Double Citizenship: The Swiss Constitution grants a uniform citizenship of Switzerland to all the people. In addition to it, the people have the citizenship of their respective Cantons. In other words, the Swiss Constitution, like the American Constitution, accepts the principle of Double Citizenship. All these features clearly reveal the true federal nature of the Swiss political system. In fact, the Swiss society is a pluralist society and the Swiss Federalism reflects this facts. It is a society with four main linguistic groups – German, French, Italian and Romansh, and the Swiss people have voluntarily been living as one united nation under a federal system. Unity in diversity, individuality with union for strength, and regional (Cantonal) autonomy with national unity has been together the ideological foundations of the Swiss Federation. Even the growth in the powers of the federal government and a tendency towards centralisation stands fully accepted by the Cantons as a national necessity. Federal Cantonal relations in Switzerland show a marked maturity and harmony, and this fact provides necessary tonic for the health of the Swiss Nation.
The Cantons
Switzerland is made up of 26 cantons which enjoy a high degree of autonomy vis - à-vis the federal government. The dome of the Federal Palace © The Swiss Parliament Switzerland is divided into 26 cantons. Each is an independent and sovereign entity, with their own capital town or city. The cantons vary greatly as to size, culture, religion and socioeconomic structure. With 1.4 million inhabitants, the canton of Zurich is the most heavily populated, while Appenzell-Innerrhoden, with a mere 15,500 inhabitants, is the most sparsely populated canton in Switzerland. Origins The cantons are the collection of stand-alone states which joined forces in 1848 to form a Confederation, although this required them to surrender some of their sovereignty. The number of cantons remained the same until 1979 when Jura split from the canton of Bern and became Switzerland's 26th canton.
Six cantons, historically referred to as “half-cantons”, send only one deputy to the Council of States (upper house of the Federal Assembly). They are Obwalden, Nidwalden, Appenzell-Innerrhoden, Appenzell-Ausserrhoden, Basel-Stadt and Basel-Land. Role of the cantons Each canton has its own constitution, parliament, government and courts. According to the principle of subsidiarity enshrined in the Federal Constitution, all powers that are not expressly granted to the Confederation fall within the competence of the cantons. The cantons enjoy a high degree of autonomy in areas like education, health and policing. The cantonal parliaments vary in size, with the number of popularly elected deputies ranging from 50 to 180. The five- or seven-member cantonal governments are also directly elected by the people. The cantons of Appenzell-Innerrhoden and Glarus still practice a type of direct democracy that is the only form of its kind in the world – the “Landsgemeinde”, or people’s assembly. Once a year, the citizens of these cantons converge on their capital's main square to elect, with a show of hands, the members of the executive, and to cast their vote on draft cantonal legislation. The results are more an estimate than an exact calculation. In all other cantons, the electorate cast their vote at the ballot box.
UNIQUE CHARACTERISTICS OF THE FEDERAL COUNCIL The federal executive of Switzerland possesses certain unique characteristics. We have already learnt that this executive is a plural one. Besides, it has certain other uniqueness. Therefore, this section of the unit deals with these unique characteristics of the Swiss executive. Plural in character: The executive power of the Swiss confederation is vested in a plural executive consisting of seven members known as Federal Council. According to Article 177 of Swiss constitution, the Federal Council is a collegial body, in which every member enjoys equal power and status. This system has proved to be very advantageous with the merits of the Cabinet system. The Swiss executive is representative of all opinions and areas of the country, which makes democracy more meaningful in Switzerland. Non-partisan executive: The Federal Council is a heterogeneous group of politicians belonging to four different parties. They are chosen for their capacity as administrators. Therefore, Lord Bryce has remarked that the Federal Council, ‘stands outside party, is not chosen to do party work, does not determine party policy, yet is not wholly without some party colour’. The Swiss citizens elect those persons as the executive who possess administrative skill, mental grasp, good sense, tact and temper but not the good speakers. Therefore, it is often said that in Switzerland, the office must seek the candidate, not the candidate the office. All differences among the members of the Federal Council arising out of their different party background or ideologies are sorted out through compromise as public opinion in Switzerland expects everyone to subordinate his own feelings to the public good. Therefore, Lowell has remarked that the Federal Council ‘depends to a great extent on the confidence in its impartiality, and hence its position is fortified by anything that tends to strengthen and perpetuate its non-partisan character’. LET US KNOW The seven members of the Federal Council are currently recruited from four parties – two each from Radical Democrats, the Christian Democrats and the Social Democrats and one from Swiss People’s Party. This grouping has been in existence since 1959. Long tenure of the Councillors: we have already read in the previous section that in Switzerland though the councilors are elected for a term of 4 years, they tend to remain in office for a longer period or until they desire to leave the office. It is possible for several reasons. First of all, the role of political party in the formation of the government is minimum. Secondly, Swiss people prefer those persons in the affairs of the government with good temper, dedication and administrative skills.
As a result of it, the Federal Council is unique in its stability and becomes a permanent body though virtually chosen after every four years. The average period of service is more than 10 years, while some has served as the councilor up to 32 years. Therefore, the Federal Council is regarded as the most stable government in the world. Neither Parliamentary nor Presidential: The Swiss Federal Council is neither Parliamentary nor Presidential. It is not parliamentary because, in a parliamentary system the cabinet implies a degree of party solidarity that the Swiss body does not possess. Party solidarity also implies political homogeneity and in the parliamentary government all the members of the cabinet belong to the same party. The members of the cabinet are responsible to the legislature, individually and collectively and can remain in office so long as it retains its confidence. On the other hand, though the Swiss Council is elected by the federal assembly, yet the Councillors are not required by the Constitution to be members of the Assembly. They become Councillors not because they belong to the Parliamentary majority party or are the leaders of the political parties, but in their capacity as administra tors. Again, Federal Council is not a homogeneous whole and differences of opinion among Councillors are permitted and allowed to become known. Such differences cannot exist in a cabinet government. Unlike the cabinet government, the resignation of one councilor does not bring a crisis in the government. The Federal Councillors do not resign collectively or individually when their measures or policies are rejected. Swiss Executive is neither presidential type: In a Presidential government, the executive is separated from the legislature. The administrative heads of different departments constitute the President’s Cabinet and are appointed by the President; they remain in office so long as he wishes them to continue. The office of the President does not depend upon Congress. He is popularly elected for a term of four years. In Switzerland, there is a plural executive. Though the Swiss constitution provides for a President, he is not like the head of the state of a presidential form of government. The Swiss Federal Council is not a separate branch of government with an independent policy of its own. Thus, Switzerland provides to the world a unique type of executive which is neither parliamentary nor presidential. PRESIDENT OF THE SWISS CONFEDERATION The President of the Swiss federation, whose constitutional title is the “President of the Confederation,” is one of the seven Councilors and is chosen, as also the Vice- President, by the Federal Assembly from among the members of the Federal Council for a term of one year. However, it must be remembered that the Position of the Swiss President is not like the American President or the Prime- Minister of the UK. He does not enjoy any special power as the President of the
The Federal Council conducts the affairs of the Confederation in accordance with federal laws and decrees. It should ensure due observance of the Constitution, the laws and decrees of the Confederation, and Federal Treaties. The Federal Council is empowered to intervene and take necessary action, either on its own initiative or in response to an appeal against a grievance, if Cantonal Governments do not co-operate in the proper execution of federal laws or decrees or other treaties. According to a constitutional provision the Cantons must have their Constitutions and alterations sanctioned by the Federal Assembly. It is the duty of the Federal Council to supervise the ‘guarantee’ of Cantonal Constitutions. The guarantee is granted provided that the Cantonal Constitution contains nothing contrary to the provisions of the Federal Constitution. The Constitution empowers both the houses of Federal Assembly, to each member of either House, to each Canton and a half-Canton and the Federal Council to initiate legislation. However, in practice, it is the Federal Council which really initiates major portion of the legislation to be enacted. Again, a Councillor is assigned to guide the bill all the way through the legislative process. The bill is examined in the committee in his presence and he gives his advice and comments. As a result of the growing legislation and increasingly complex nature of governmental activities the Federal Assembly delegates to the Federal Council a great deal of discretion in the administration of the Federal laws. The Federal Council then issues rules and regulations which have the force of laws. The Federal Council takes part in the legislative process in the following ways: i. Leading the preliminary proceedings of legislation ii. Submitting federal acts and decrees to the federal Assembly iii. Enacting ordinances in so far as the Federal Constitution or federal law empowers it to do so. The Federal Council examines the laws and ordinances of the Cantons that are required to be submitted for its approval. It also supervises the branches of Cantonal administration where such supervision is incumbent upon it. Federal Council looks into the execution of judgments of the Federal Tribunal and also of the agreements and arbitration awards upon the disputes between Cantons. The execution of the decisions of the courts and many provisions are left to the Cantons. However, if the cantons fail to carry out these obligations, then, as the last resort, the appeal is made to the Federal Council.
Federal Council also performs the function of appointing. The Federal Council in practice delegates its right of appointment in very many cases to the various branches of administration and other independent authorities. According to the constitution of Switzerland, the Federal Council should examine the agreements of the Cantons among themselves and with foreign states. The Council is also empowered to sanction them if they are in accordance with the constitution and law. If the treaties violate the rules and regulations of the Constitution, then it may declare the treaties null and void. All kinds of official relationships with foreign governments are established through the agency of Federal Council. The Federal Council conducts the foreign relations of Switzerland. Besides conducting the foreign relations of Switzerland, the Federal Council also safeguards the external interests of the Confederation, ensures external safety of the country and also maintains her independence and neutrality. Thus, the Federal Council manages the external affairs of the government. The Federal Council also negotiates treaties and ratifies them after approval of the Federal Assembly. Federal Council is also entrusted with the power of looking after the internal security of the Confederation and maintenance of peace and order. Federal Council also looks after the measures to be implemented if internal peace is disturbed in the cantons. LET US KNOW The Federal Council usually meets for ordinary session each week and takes decisions on about 2000 to 2500 matters each year. Besides, some extraordinary sessions and a number of special meetings are also held each year to discuss complex and urgent issues. In the time of emergency, when Federal Assembly is not in session, the Federal Council is empowered to call out troops and employ them wherever it finds necessary. Being the executive, the Federal Council is entrusted with the charge of the military affairs of the Confederation and of all branches of the federal administration. The Federal Council also examines the laws and decrees of the Cantons which require its approval and supervise such branches of Cantonal administration as are placed under its control.
Federal Legislature
INTRODUCTION The Federal Legislature of Switzerland is known as Federal Assembly. The Federal Assembly is bi-cameral. The Federal Assembly exercises the supreme power of legislation in Switzerland. The Swiss Parliament is supreme and the Constitution expressly states that ‘subject to the rights of the people and of the Cantons……The supreme power of the Confederation shall be exercised by the Federal Assembly.” Thus, Federal Assembly of Switzerland exercises supreme powers in matters of legislation. This unit is going to deal with the different aspects of the Swiss Federal Assembly - its organization, the composition of the both Houses of the Assembly and its powers and functions along with a discussion on the position of the Council of States ORGANIZATION OF THE FEDERAL ASSEMBLY As mentioned earlier, the Federal Assembly is bi-cameral in nature. The two chambers of the Federal Council are: ‘Counsil des Etates’ or the Council of States and ‘Counsil National’ or the National Council. In this section we shall deal with the organization and powers and functions of the two Houses of the Federal Assembly. The Federal Assembly can be legally dissolved only after the adoption of a popular initiative calling for a complete revision of the Constitution. The Council of States Composition and method of election: The Council of States is the upper House of Swiss Federal Assembly like the Rajya Sabha of Indian Parliament. The Council of States of the Swiss Federal Assembly represents the component units of the Confederation on the basis of equality. Every Canton, irrespective of its size or population, is entitled to two representatives and every half-Canton one representative. Twenty cantons send two representatives each while six half- cantons send one each. Therefore, the Council of States is now composed of 46 Councillors. There is no uniform procedure in all the cantons for the election of the members of the Council of States and the same varies from canton to canton. Each canton by its own laws determines the mode of election of the Deputies, the length of their term of office, and also the allowances to be paid to them. In certain Cantons the members are elected indirectly, while in some others they are elected directly. Therefore, in Switzerland, there is no uniform method of election, or a similar tenure of office or an equal fixed salary. LET US KNOW In Switzerland, though election procedure of the members of the Council of States varies from canton to
canton, certain restrictions have been put by the Constitution. According to Article 6 all Cantonal elections must be democratic. Article 81 states that members of the National Council and the Federal Council must not be at the same time members of the Council of States. Again, Article 108 provides that membership in the Council of State incompatible with membership on the Federal Tribunal. However, as we have already studied/learnt, the membership of the Council of States is usually stable as most of the members are re-elected for as long as they wish to serve. Sessions: The Council of States must meet once a year in ordinary session on a day. However, the Swiss Constitution has also made a provision for calling of special session either by Federal Council, or on the request of one-quarter of the members of the National Council or of five Cantons. The council of States elects its own Chairman and Vice-Chairman for each ordinary and extra-ordinary session. The Chairman presides over the meetings of the House and is responsible for the determination of the day to day business of the house. He can also vote in case of a tie. Position of the Council of States: The Council of States possesses equal power and responsibility with the National Council. All legislative measures may be introduced in either of the Houses and should be approved by both the Houses. In financial matters also, both the houses enjoy equal powers. Thus, the framers of the constitution wanted to give equal powers to both the houses. In the initial years both the houses exercised equal powers but in the later period, it is experienced that the experienced and talented persons prefer to go to the National Council. The members of the Swiss Council of States are not entrusted with any special power. Besides, the tenure of office of the members are not equal also. All these have made the Swiss Council of State a weaker state in comparison to the National Council. However, it can not be said that the council of State enjoys a subordinate position like the second chamber of the Parliamentary government. In India we have a Parliamentary type of government where the upper chamber or the Rajya Sabha enjoys a subordinate position. In Switzerland, laws can be originated in either house. In financial matters also, both the houses are given equal powers. The annual budget is prepared by both the houses alternatively. Moreover, the Council of States is not a submissive body; it can disagree with the measures taken or
According to the Swiss Constitution the councils should conduct business only when an absolute majority of their respective members is present i.e. 101 in case of National Council. It needs to be mentioned here that the concept of official opposition is absent in Switzerland. The National Council can not displace the Federal Councilors because the latter are not the members of the legislature. Joint sessions: The two houses of the Swiss Legislature i.e, the Council of States and the National Council usually sit separately. However, they meet in a joint session for three definite purposes— to elect the Federal Council, the Federal Court, the Federal Insurance Tribunal, the President of the Federal Council as also the Vice-President, the President and the Vice-President of the Federal Court and of the Federal Insurance Tribunal, the Chancellor of the Confederation and the Commander in Chief of the Army. to exercise the federal power of pardon, to resolve conflicts of jurisdiction between the major federal organs. Thus, from above discussion it is evident that the National Council is a very powerful second chamber. POWERS AND FUNCTIONS OF THE FEDERAL ASSEMBLY The constitution gives right to introduce legislation to both the Houses of the Federal Assembly – the Council of States and the National Council, to each member of the Houses, to each Canton and half-Canton and the Federal Council. Article 84 of the Swiss Constitution provides that the National Council and the Council of States ‘shall deal with all matters which the present Constitution places within the competence of the Confederation and have not been attributed to another Federal authority.’ Thus, there are very few constitutional limitations on the powers of the Federal Assembly within its jurisdiction. Moreover, both the houses work in coordination with each other. Now we shall discuss the powers and functions of the Federal Assembly: (i) Legislative Powers: The Legislative power of the Federal Assembly are as follows: The Federal Assembly, as a legislative body is competent to enact all laws and decrees dealing with matters which the Constitution assigns to federal authorities, and make laws dealing with the organization and mode of the election the federal authorities. The Assembly determines and enacts necessary measures to ensure the due observance of the Federal Constitution; the guarantees of Cantonal Constitutions and the territory of the Cantons, the fulfillment of Federal
obligations; adopts measures ensuring the external safety of the country, her independence and neutrality; the internal safety of Switzerland, and the maintenance of peace and good order, enacts the annual budget of the Confederation, approves State accounts and decrees authorizing loans. The Federal Assembly can demand all kinds of information, which it deems necessary, on the administration of the Confederation. The Constitution of Switzerland also states that all laws passed and resolutions adopted by the Federal Assembly must be submitted to the people for their acceptance or rejection if the law is not urgent. It is the duty of the Federal Assembly to decide what laws or resolutions are urgent. (ii) Executive Powers: Besides the legislative powers, the Federal Assembly also performs various executive powers. These are as follows: The two houses of the Federal Assembly at their joint sitting, elect the seven members of the Federal Council, its President and Vice-President. The members of the Assembly also appoint judges of the Federal Court, the members of the Federal Insurance Court and the Commander-in-Chief. The Federal Assembly supervises the activities of the civil service, and even decides administrative disputes and conflicts of jurisdiction between federal officials. It determines salaries and allowances of the members of Federal Departments. The Federal Assembly is also vested with the power of controlling the Federal Army. It declares war and concludes peace, ratifies alliances and treaties. All treaties concluded by the Cantons between themselves or with foreign States must be confirmed by the Federal Assembly If the Cantons fail to execute federal laws or obligations, the Federal Assembly decides on the nature of intervention against the offending Canton or Cantons. It also sees the relationship between the Confederation and the Cantons. The Assembly also guarantees the Cantonal Constitutions. (iii) Judicial Powers: Main judicial powers of the Federal Assembly are— 1.The Federal Assembly grants pardon in joint sessions
- It also hears appeals against the decisions of the Federal Council relating to administrative powers.
- The Assembly also supervises the performance of the functions of the Federal Tribunal. iv) Financial Powers: The Federal Assembly of Switzerland also enjoys some financial powers. They are——-
- By making laws, the Assembly can levy taxes 2.The Assembly decides on the public expenditures of the Confederation. It votes the annual budget as well as approves the annual account of the country.
