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Home / IAS Preparation / Switzerland Constitution

Constitutional System of Switzerland - Features and Components [UPSC Notes]

Last Updated on Aug 06, 2024
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In 1848, the Swiss Constitution was ratified, and it underwent a significant revision in 1874. Three-fifths of voters approved a thoroughly revised constitution, which was enacted in 2000. However, the changes were primarily formal and did not significantly change how Switzerland’s government was organized. The new constitution coherently incorporates the modifications approved over the previous 125 years because the old one had grown chaotic and confusing. The 200 or so articles that make up the Swiss constitution define citizens' and governing bodies' rights and obligations. Additionally, it established what has come to be known as a consociational democracy, which makes an effort to uphold political stability and balance in light of the nation’s linguistic and religious diversity.

This topic is important from the perspective of the UPSC IAS Examination, which falls under General Studies Paper 2 (mains) and General Studies Paper 1 (Preliminary), particularly in the International Relations Section.

This article will discuss Switzerland’s Constitution System, background, components, features, canton, and local government.

Also, check out the Constitutional System in France article for the UPSC Exam.

Background of Switzerland Constitutional System

Before 1798, the Swiss Confederacy was a confederation of independent states rather than a federal state, and it was built on treaties rather than a constitution.

The Helvetic Republic of 1798–1803, which replaced the Act of Mediation in 1803 and was itself replaced by the Federal Treaty of 1815, which restored the Confederate, took place as the individual cantons drafted cantonal constitutions, most of which were based on the Ancien Regime 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 served as templates for the ultimate federal constitution. During the French July Revolution in 1830, several significant assemblies were held with a desire for new cantonal constitutions. 

The modifications to the cantonal constitutions made during this "Regeneration" period still serve as the foundation for the current versions. Vaud proposed the popular legislative initiative in 1846. Berne introduced the optional legislative referendum in the same year.

Also, read about the Constitutional Assembly Debates here.

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Features of the Swiss Constitution

The features of Swiss constitutions are mentioned in a tabular format for better understanding.

Features

Swiss Constitution

The Preamble

The Preamble expresses a strong belief in the people’s and the Cantons’ right to self-determination as well as a firm commitment to uphold and enhance Switzerland.

A Written, Adopted and Enacted Constitution

The Swiss Constitution was drafted and passed into law. It was created by a Swiss Parliament committee in 1848, and the Cantons, the Parliament, and the Swiss people all approved it.

Social Goals

The Federation and Cantons are required by Article 41 to make sure that every citizen has access to social security, health care, family protection, fair and appropriate employment, housing, and education, including continuing education.

Purpose of the state

To maintain the nation’s independence and security, as well as the freedom and rights of the people.

Direct Democracy

The Federal Parliament is an assembly of representatives that is directly elected in Switzerland.

Bicameral Legislature

The Swiss Federal Parliament is divided into two chambers. The House of Representatives and the Senate make up its two houses. The former is the lower, popular national house that represents Switzerland’s citizens, and the latter is the higher house that represents the Cantons and their equal sovereign authority.

Bill of Rights

The addition of a thorough bill of rights is one significant reform brought about by the new Swiss Constitution of 2000. The Constitution presently outlines the fundamental civil, social, and political rights of the Swiss people under Title 2 Chapters 1 and 2 and Articles 7 to 40.

Permanently Neutralized Status

Switzerland is a nation that has never been neutralised. An international agreement has granted Switzerland this status.

Dual Citizenship

In Switzerland, the dual citizenship system is prevalent. Every Canton resident must also be a Swiss citizen, according to the Constitution. This entitles a person to both Swiss Federation citizenship and Canton citizenship. Since January 1, 1992, dual citizenship is unrestricted in Switzerland.

Federalism

Switzerland is described as a confederation in Article I of the Swiss Constitution of 1874. In reality, it was a federation of 23 cantons (20 full and 6 half cantons). Switzerland’s newly revised constitution (2000) refers to it as the Swiss Federation.

Rule Of Law

The Swiss Constitution recognises the principle of the rule of law. Article 5 defines its meaning: Law is the foundation of all activities, all activities can be restricted by law alone, state activity must be in the public interest and proportionate, both public and private institutions must act in good faith and the Federation and Cantons always follow international law.

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Switzerland Parliament

There are 26 cantons in the federal state of Switzerland (member states).

  • There have been 200 members of the National Council since 1963. According to each canton’s resident population, seats are distributed among the 26 cantons. Currently, each National Council member represents about 42,000 people. Members are chosen using a proportional representation system, which has been used since 1919.
  • The Federal Council is also present; any member may speak at any time.
  • The statements are simultaneously translated into the three official languages of Germany, France, and Italy.
  • Federal, cantonal, and community levels comprise the government, parliament, and courts.
  • Parliamentary proceedings are broadcast live or later from the archives and are accessible to the general public. In both Councils, voting is conducted electronically.
  • The federal constitution outlines the instances in which federal law establishes standardised answers, establishes guidance, or defers to cantonal autonomy.
  • Like most other democratic countries, Switzerland has a two-chamber national parliament, with the National Council (200 members) representing the nation and the Council of States (46 members) representing the cantons.
  • Every party with at least five lawmakers is represented in a few commissions, and smaller parties can join to form a fraction that gives them access to commission work (and influence).

Also, read more about the Difference between Constitution and Law for UPSC Exams.

National Council

The “house of representatives” is known as the National Council in Switzerland. It is the lower house of Switzerland’s Federal Assembly; the Council of States is its upper house. The National Council is the bigger of the two houses, with 200 seats.

  • The number of seats was not predetermined when the Swiss federation was established in 1848; instead, it depended on the populations of the various cantons.
  • At the time, the federal constitution stipulated that each canton would have 20,000 residents represented by one National Council member. One hundred eleven people participated in the first National Council, which convened in 1848.

Council of States

The lower house of the Swiss Federal Assembly is the National Council, with the Council of States serving as the upper house. There are 46 people in it. The Council of States’ 46 members are elected directly.

  • Two Councillors from each of the twenty cantons in the nation serve as representation. For historical reasons, six cantons, known as “half cantons” originally, are each represented by a Councillor.
  • These include Appenzell Ausserrhoden, Appenzell Innerrhoden, Basel-Stadt, Basel-Landschaft, Obwalden, and Nidwalden. The Councillors' four-year terms mean they are not required to follow any voting instructions from the cantonal authority.

National Assembly

While both chambers of parliament must meet separately to consider new or updated laws, they come together in concurrent sessions on occasion, such as when elections occur (government members, judges of the federal court).

Check out this article to learn the Difference between Democrats and Republican here!

Components of the Political System in Switzerland

The constitution established the national government’s and the cantons’ authority, gave men the right to vote, and established the separation of powers between the Federal Court, the legislature, and the executive branch of government (judiciary). The components of the Political system in Switzerland are as follows:

Executive Power

The Government or Federal Council is the country’s executive branch. Unlike other European nations with a single entity, Switzerland is governed by the seven-member Federal Council. A joint session of parliament selects each member of the Federal Council at the beginning of each new legislative term.

Legislative Power

The Federal Assembly, the country’s top political body, is a bicameral legislature with the power to make all decisions and resolve problems for the general public and the representatives nominated for the several cantons.

Judicial Power

The Swiss judicial system can be described as a fusion of centralised and cantonal systems.

  • The Federal Tribunal, the state’s highest court, comprises 30 people appointed by the National Assembly to serve terms of six years.
  • The national court has the authority to resolve disputes between cantons and federations. However, regional courts need more power to decide whether federal laws are constitutional.

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Cantonal and local government

Six demicantons, or Halbkantone, which serve as full cantons, make up the 26 cantons that make up the Swiss Confederation.

  • Each canton has its assembly and constitution. The cantons have extensive jurisdiction and are in charge of all matters not expressly delegated to the federal government.
  • The cantonal level significantly determines education and health policies. While several cantons historically had a Landsgemeinde, only Appenzell Inner-Rhoden and Glarus still have this customary assembly made up of every citizen in the canton that meets once a year and acts as the canton’s principal decision-making body.
  • The Swiss Confederation comprises almost 3,000 communes, which, like the Cantons, are primarily independent and are in charge of public services like roads and utilities.
  • The size of communes varies, with Bagnes in Valais covering 109 square miles (282 square kilometres) and Ponte Tresa in Ticino covering 0.1 square miles (0.3 square km). Their population also varies greatly; several have a few hundred people living there, whilst Zürich has more than 350,000.
  • Since each citizen treasures and supports the freedom of the commune. This shared conviction unites a citizen with the rest of the population in a way that transcends differences of language and party. The multiplicity of small communal republics gives each one a unique quality and, paradoxically, a basis for national unity.
  • The communes, not the nation, are responsible for granting Swiss citizenship.

Also Read: Special Officer for Linguistic Minorities

Concluding Remarks

The Swiss Constitution strongly supports the spirit of republicanism. The federal components of the Constitution are another crucial aspect.

Switzerland’s direct democracy is well known. The “Dynamic Constitution” is what it’s called (features like protection of an individual, the welfare state )

Check out the test series for UPSC IAS Exam here.

After going through this article, we hope all your doubts regarding the Switzerland Constitutional System are addressed. Testbook provides comprehensive notes for different competitive examinations. It has always assured the quality of its product, like content pages, live tests, Gk and current affairs, mocks, and so on. Ace your UPSC preparation with the Testbook App!

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Switzerland Constitutional System FAQs

The Switzerland constitution is a rigid Constitution.

The main features of the Swiss Constitution are a rigid Constitution, bill of rights, direct democracy, etc.

On September 14, 1848, the Federal Constitution that the 22 cantons had adopted went into effect. On January 1st, 2000, Switzerland’s Constitution came into force. The Swiss Constitution of 1999 contains 196 Articles in total, broken down into a Preamble, 6 Parts, and other provisions. This declaration expressly states nine fundamental rights that had previously only been debated and contested in the Federal Court.

It is a direct democracy in Switzerland. The Swiss people have the ability to vote on particular subjects in addition to the standard voting rights granted in democracies. The Federal Council, a seven-member collegial council that makes decisions by consensus, is in charge of overseeing Switzerland.

One of the distinctive aspects of the political system of Switzerland is direct democracy. It gives voters a chance to voice their opinions on Swiss Parliament decisions and suggest changes to the Federal Constitution. Initiatives and referendums are the two instruments that support it.
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