Political structure
Switzerland is a federal, democratic constitutional state. The Federal Constitution and the cantonal constitutions guarantee the exercise of political rights.
In foreign policy, Switzerland observes the principle of neutrality.
Legislative power is exercised by the United Federal Assembly, which consists of two chambers with equal rights: the Council of States (46 deputies representing the cantons) and the National Council (200 deputies representing the people).
The United Federal Assembly elects the seven members of the Federal Council (Executive) and, from these, a Federal President who holds office for one year.
The highest judicial authority is the Federal Supreme Court, whose seat is in Lausanne. The Federal Insurance Court, whose seat is in Lucerne, has jurisdiction in social security cases.
Each of the 26 cantons has its own constitution, government and courts. The powers of the Federal authorities laid down in the Federal Constitution are limited and precisely defined. The approximately 2900 Swiss municipalities also possess a greater or lesser degree of political autonomy.
Rights of the people
As in all democratic states, the citizens of Switzerland elect representatives to act in their name. However, Switzerland also empowers its citizens to participate directly in decision-making processes. Depending on the matter at issue, the people may be approached for its opinion in two different ways: a people’s initiative or a referendum.
Administrative structure
Whereas many states have 20 or even 30 ministries, Switzerland has just seven Federal Departments:
- the Department of Foreign Affairs
- the Department of the Interior
- the Justice and Police Department
- the Department of the Environment, Transport, Energy and Communications
- the Department of the Economy
- the Department of Defence, Population Protection and Sport
- the Finance Department
Legal structure
All major nineteenth-century codifications of civil law in Europe (the Napoleonic Code) are, broadly speaking, based on Roman law, and Swiss private law is no exception. However, Swiss law is not confined to private law, but also includes public law, which is divided into two branches, administrative law and criminal law. These two branches are strongly influenced by Germanic law.
The Swiss Federal Constitution is the fundamental legal instrument upon which all Federal
legislation - e.g. the Civil Code or the Code of Obligations – is based.
The Swiss judicial system comprises three types of courts: civil courts, criminal courts and administrative courts. At present, each canton currently also has its own Code of Criminal Procedure and Code of Civil Procedure. However, first-instance decisions cannot always be appealed against at a cantonal court. The Confederation has provided for a Federal-level first-instance appeals procedure for certain matters falling exclusively within the competence of the Confederation, such as asylum cases (the Asylum Appeals Commission or the First Instance Criminal Chamber).
The Federal Supreme Court, as the highest judicial authority in the land, hears cases at third instance only. In addition, a project for unifying criminal and civil procedure is currently being implemented.
Source: European Union
© European Communities, 1995-2006
Reproduction is authorised.
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