Swiss Constitutional LawKluwer Law International B.V., 01.01.2005 - 306 Seiten Switzerland is not only one of the oldest democracies in the world, but also an enduring model of peaceful multiethnic policy, characterized by a Constitution that is constant flux. The new Federal Constitution of the Swiss Confederation took effect on January 1, 2000; and it is with the intention of staying abreast of the constitutional changes and of the case law of the Federal Court that the authors have prepared the current volume. A general introduction of the constitutional history and the foundations of the Swiss political system are followed by the following issues: Sources of Swiss Constitutional Law; Organisational Design of the Swiss Confederation; Federalism in General and the Position of the Cantons and the Municipalities in the Swiss Confederation; Citizenship, Fundamental Rights and Liberties and their Judicial Protection, Protection of Minorities, Judicial Control of Administrative Action; Treaty and Foreign Affairs Powers, Taxing and Spending Powers, the Relationship between the State and the Church.Thomas Fleiner is Professor of constitutional and administrative law and Director of the Institute for Federalism at the University of Fribourg, Switzerland; Alexander Misic, lic.iur., LL.M.; Nicole Toepperwien, Dr. iur., LL.M. |
Inhalt
The Authors | 17 |
Switzerland as a Federal State | 23 |
STATE TERRITORY | 31 |
Regions | 34 |
SELECTED BIBLIOGRAPHY | 40 |
CONSTITUTION | 46 |
JURISPRUDENCE | 52 |
State Organization | 59 |
Citizenship and the Administration of Justice | 145 |
Relevance of Swiss Citizenship | 152 |
Constitutional Protection of Personal Freedom and Privacy | 166 |
The Protection of Fundamental Rights and Freedoms | 182 |
Interpretation | 184 |
88 | 186 |
CONSTITUTIONAL PROBLEMS OF MINORITIES | 189 |
LEGAL POSITION OF ALIENS | 196 |
Referendum | 68 |
THE LEGISLATURE | 73 |
THE EXECUTIVE | 82 |
THE JUDICIARY | 88 |
The State and its Subdivisions | 101 |
Selected Aspects | 115 |
B The Federal Restrictions on Cantonal Autonomy | 123 |
Organization of the Cantons | 130 |
Municipalities | 135 |
The Federal Court | 137 |
JUDICIAL CONTROL OF ADMINISTRATIVE ACTION | 201 |
89 | 206 |
Specific Problems | 217 |
TAXING POWER FINANCIAL EQUALIZATION | 224 |
Index | 233 |
91 | 235 |
96 | 243 |
Districts | 246 |
Text of the Constitution | 247 |