Swiss Law & Government

Government & Politics

The Federal Constitution adopted in 1848 is the legal foundation of the modern Federal State. A new Constitution has been adopted in 1999, but did not introduce notable changes to the federal structure. It founds the basic and political rights of individuals and citizen participation in public affairs, divides the powers between the Confederation and the cantons and defines federal jurisdictions and authorities. There are three main governing bodies on the federal level: the bicameral parliament (legislative), the Federal Council (executive) and the Federal Court (judicial).

The Swiss Parliament consists of two houses: the Council of States which has 46 representatives (two from each canton and one from each half-canton) who are elected under a system determined by each canton, and the National Council, which consists of 200 members who are elected under a system of proportional representation, depending on the population of each canton. Members of both houses serve for 4 years. When both houses are in joint session, they are known collectively as the Federal Assembly. Through referendums, citizens may challenge any law passed by parliament and through initiatives, introduce amendments to the federal constitution, making Switzerland a direct democracy.
 
The Swiss Federal Council, 2007. Left to right: Doris Leuthard, Christoph Blocher, Moritz Leuenberger, Micheline Calmy-Rey, Pascal Couchepin, Samuel Schmid, Hans-Rudolf Merz, Federal Chancellor Annemarie Huber-HotzThe top executive body and collective Head of State is the Federal Council, a collegial body of seven members, elected for a four-year mandate by the Federal Assembly that is also its supervising authority. The President of the Confederation is elected among the seven members, traditionally in rotation, for a one-year term, in order to chair the government and assume representative functions, yet also keeps his function in the cabinet and has no additional powers.

The Swiss government has been a coalition of the four major political parties since 1959, each party having a number of seats that roughly reflects its share of electorate and representation in the federal parliament: currently there are 1 Christian Democrat (CVP/PDC), 2 Social Democrats (SPS/PSS), 2 Liberal Democrats (FDP/PRD), and 2 representatives of the Swiss People's Party (SVP/UDC) in the government. This traditional distribution of seats is called the "magic formula", and is not backed up by any law. The original distribution of 2 CVP/PDC, 2 SPS/PSS, 2 FDP/PRD and 1 SVP/UDC lasted from 1959 to 2003, until the CVP/PDC lost their second seat to the SVP/UDC, which had become the strongest party in Switzerland's legislative following the 2003 parliamentary elections.

The function of the Federal Supreme Court is to hear appeals of cantonal courts or the administrative rulings of the federal administration. The judges are elected by the Federal Assembly for six-year terms.

Swiss citizens are subject to three legal jurisdictions: the commune, canton and federal levels. The 1848 federal constitution defines a system of direct democracy (sometimes called half-direct democracy since it is added by the more commonplace institutions of a parliamentary democracy). The instruments of Swiss direct democracy at the federal level, known as civil rights (droits civiques, Volksrechte), include the right to submit a constitutional initiative and a referendum, both of which may overturn parliamentary decisions.

By calling a federal referendum a group of citizens may challenge a law that has been passed by Parliament, if they can gather 50,000 signatures against the law within 100 days. If so, a national vote is scheduled where voters decide by a simple majority whether to accept or reject the law. Eight cantons together can also call a referendum on a federal law.

Similarly, the federal constitutional initiative allows citizens to put a constitutional amendment to a national vote, if they can get 100,000 voters to sign the proposed amendment within 18 months. Parliament can supplement the proposed amendment with a counter-proposal, with voters having to indicate a preference on the ballot in case both proposals are accepted. Constitutional amendments, whether introduced by initiative or in Parliament, must be accepted by a double majority of both the national popular vote and a majority of the cantonal popular votes.

Foreign Relations

Foreign relations of Switzerland are the primary responsibility of the Federal Department of Foreign Affairs (FDFA) (known as the "Political Department" from 1848 to 1979). Although FDFA's role is primary, some international relations of Switzerland are handled by other departments within the Swiss Federal Council.

The recently changed Swiss Constitution declares the preservation of Switzerland's independence and welfare as the supreme objective of Swiss foreign policy. Below this overarching goal, the Constitution sets five specific foreign policy objectives:

  • further the peaceful coexistence of nations;
  • promote respect for human rights, democracy, and the rule of the law;
  • promote Swiss economic interests abroad;
  • alleviate need and poverty in the world;
  • promote preservation of natural resources.

These objectives reflect the Swiss moral obligation to undertake social, economic, and humanitarian activities that contribute to world peace and prosperity. This is manifested by Swiss bilateral and multilateral diplomatic activity, assistance to developing countries, and support for the extension of international law, particularly humanitarian law.

Traditionally, Switzerland has avoided alliances that might entail military, political, or direct economic action. Only in recent years have the Swiss broadened the scope of activities in which they feel able to participate without compromising their neutrality.

Switzerland maintains diplomatic relations with almost all countries and historically has served as a neutral intermediary and host to major international treaty conferences. The country has no major dispute in its bilateral relations.

Switzerland (mainly Geneva) is home to many international governmental and nongovernmental organisations, including the International Committee of the Red Cross (whose flag is essentially the Swiss flag with colours reversed, the Red Cross historically being a Swiss organisation). One of the first international organisations, the Universal Postal Union, is located in Bern.

On September 10, 2002, Switzerland became a full member of the United Nations, after a referendum supporting full membership won in a close vote six months earlier; Swiss voters had rejected membership by a 3-to-1 margin in 1986. The 2002 vote made Switzerland the first country to join based on a popular vote.

Prior to its formal accession to the United Nations, Switzerland had maintained an observer role at the UN's General Assembly and its Economic and Social Council. Prior to full membership it had no right to a seat as one of the elected members of the UN Security Council.

Switzerland has fully participated within many of the UN's specialised institutions, including the Economic Commission for Europe, United Nations Environment Programme, the UN High Commissioner for Refugees, UN Educational, Scientific and Cultural Organization, UN Conference on Trade and Development, UN Industrial Development Organization, and the Universal Postal Union. Switzerland has also furnished military observers and medical teams to several UN operations.

Switzerland is a party to the Statute of the International Court of Justice.

Switzerland is a member of many international organisations, including the World Trade Organization, Organisation for Economic Co-operation and Development, European Free Trade Association, Council of Europe, Organization for Security and Cooperation in Europe, International Atomic Energy Agency, and INTELSAT. Its central bank is a member of the Bank for International Settlements, based in Basel.

Switzerland is an active participant in the OSCE, its foreign minister serving as Chairman-in-Office for 1996. Switzerland also is an active participant in the major nonproliferation and export control regimes.

Although it is surrounded by member nations, Switzerland is not a member nation of the European Union. In 1992 Swiss voters approved membership in the International Monetary Fund and the World Bank, but later that year rejected the European Economic Area agreement, which the government viewed as a first step toward European Union membership.

 
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