Saturday, April 23, 2011

Swiss Federal Constitution

Federal Constitution of 18 April 1999 (German: Bundesverfassung der Schweizerischen Eidgenossenschaft; French: Constitution fédérale de la Confédération suisse; Italian: Costituzione federale della Confederazione Svizzera; Romansh: Constituziun federala da la Confederaziun svizra) is the third and current federal constitution of Switzerland. It establishes the Swiss Confederation as a federal republic of 26 cantons (states), contains a catalogue of individual and popular rights (including the right to call for popular referenda on federal laws and constitutional amendments), delineates the responsibilities of the cantons and the Confederation and establishes the federal authorities of government.
The Constitution was adopted by popular vote on 18 April 1999. It replaced the prior federal constitution of 1874, which it was intended to bring up to date without changing it in substance.
Title 2 contains the Constitution's bill of rights. The 1874 constitution contained only a limited number of fundamental rights, and some of them grew less significant as the 20th century wore on, such as the right to a decent burial guaranteed in article 53 of the old constitution. In consequence, the Swiss Federal Supreme Court's extensive case law developed an array of implicit or "unwritten" fundamental rights, drawing upon the case law of the European Court of Human Rights and applying the fundamental rights guaranteed in the European Convention on Human Rights (ECHR), which Switzerland ratified in 1974.
In the course of the 1999 constitutional revision, the Federal Assembly decided to codify that case law in the form of a comprehensive bill of rights, which is substantially congruent with the rights guaranteed in the ECHR, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
Title 2 also covers the essential rules on the acquisition of Swiss citizenship and of the exercise of political rights. Furthermore, it contains a number of not directly enforceable "social goals" which the state shall strive to ensure, including the availability of social security, health care and housing.

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