FEDERAL LEGISLATURE

Beauty of Switzerland Constitution

TERRITORIAL ORGANIZATION OF EUROPEAN STATES. FEDERALISM, REGIONALISM, UNITARISM, 2011

This book is devoted to territorial structures of the contemporary European states perceived through the issues of federalism, regionalism and unitarism. Over recent decades in Europe we can observe two tendencies concerning the aforementioned issues. On the one hand, it is decentralisation of modern democratic states as well as overlapping actions of various political and ethnic movements seeking to gain its own political space: sovereignty, autonomy or independence within the framework of territorial self–government. On the other hand, we can notice a progressive European integration embracing increasingly broader circles, ' rst within the framework of the European Communities, and in the framework of the European Union1. The objective of this publication is presenting solutions concerning territorial systems in some selected European states: Switzerland, Germany, Italy, Spain, France, Poland and the United Kingdom. The selection of these states is justi' ed by their rich experience in the historical evolution and the origins of their current solutions in the territorial structure, as well as the peculiarity of their modern constitutional solutions.

This paper is an attempt to show the evolution of the constitutional position of the head of state in the years 1920–2013 in Austria, Liechtenstein and Switzerland, with special reference to the specificity of these systems (Austrian federalism, Liechtenstein’s strong position of the monarch and collegial head of state in the Swiss case). It is based on a comparative analysis of the constitutional provisions of constitutional acts and their corresponding amendments. The timeframe of the paper is based on the period 1920–2013, due to the fact that at the very beginning of the 1920s two of the constitutional acts were created in the countries which are the subject of the paper: Austria (1920) and Liechtenstein (1921), which, despite many changes, exist today. The aim of the paper is to indicate differences in the position of the political head of state in 1920, and almost a century later.

Since the year 2000, Switzerland has had a totally revised constitution. The main changes deal with issues of federalism. Globalization has and will have strong centralizing effects, although localization might trigger emotional and nationalistic reactions within the different ethnic communities of Switzerland. Swiss Federalism builds on the traditional and to a certain extent also the modern diversities. Since middle age the Swiss Confederation has always been enriched and challenged by economic, religious, cultural and linguistic diversities. Since the foundation of Switzerland as a state of modernity in 1848 the constitution has been more than 100 times modified with specific provisions. It has centralized some of the powers and compensated the loss of self-rule with more shared rule and thus given cantons more possibilities to participate within the federal decision making process. The growing mobility of people and the important percentage of foreigners living in Switzerland (20 percent) are additional challenges to the already existing but constitutionally provided diversity. This paper will explain the new constitution within this framework of the modern federalism. In particular, it focuses on the specificity of Swiss constitution, its framework and the new balance between self-rule and shared rule and recent developments. Key words: Switzerland, constitution, federalism, cantons, Self-rule.

Since the year 2000, Switzerland has had a totally revised constitution. The main changes deal with issues of federalism. Globalization has and will have strong centralizing effects, although localization might trigger emotional and nationalistic reactions within the different ethnic communities of Switzerland. Swiss Federalism builds on the traditional and to a certain extent also the modern diversities. Since middle age the Swiss Confederation has always been enriched and challenged by economic, religious, cultural and linguistic diversities. Since the foundation of Switzerland as a state of modernity in 1848 the constitution has been more than 100 times modified with specific provisions. It has centralized some of the powers and compensated the loss of self-rule with more shared rule and thus given cantons more possibilities to participate within the federal decision making process. The growing mobility of people and the important percentage of foreigners living in Switzerland (20 percent) are additional challenges to the already existing but constitutionally provided diversity. This paper will explain the new constitution within this framework of the modern federalism. In particular, it focuses on the specificity of Swiss constitution, its framework and the new balance between self-rule and shared rule and recent developments.

The Guidebook’s main focus is on Switzerland which has the most extensive practice of direct democracy for the longest period of time. The twelve essays present a concept of direct democracy in its various dimensions. The many factsheets and the concluding surveys on direct democracy worldwide provide additional information and material for a deeper understanding of direct democracy.