Constitution of Switzerland And What is the historical development of the constitution of Switzerland

  Constitution of Switzerland And Historical Development of the Constitution of  Switzerland

(1) Introduction: 

Swiss constitution is unique in its formation in Switzerland. These are 26 cantons (states) and all cantons are controlled in form of confederation. The Swiss constitution ordinary made 1848 but finally revised in 1999 and came into force on the first day of 2000. In Switzerland there is direct democracy the relation between canton and federal government is strong the Swiss parliament is bicameral. The upper house is called senate and lower house is called the house of representative. According to Swiss constitution every Swiss citizens had dual nationality.

(2) Meaning of Constitution:  

The basic principles and laws of a nation, state or social group that determine the powers and duties of the government. 

(3) Definition of constitution:  

According to oxford dictionary of law:

The rule and practices that determine the composition and function of the organs of central and local government in a state and regulate the relationship between the individual and the state. 

(4) History of Switzerland:  

(a) Groundwork for today’s Swiss Constitution:

The basic for the present day federal constitution is the constitution of 12 September 1848, which established the Swiss federal state. The document was heavily influenced by the US constitution and the ideals of the French Revolution. It established the principles of subsidiarity, according to which the Cantons are autonomous unless the Federal constitution expressly restricts their autonomy.

(b) Constitution of 1848:

In 1866, the constitution of 1848 underwent partial revision. The first total revision came into force in 1874. It introduced wider power for the federal government and gave more democratic rights to the electorate. This total revision also introduced the referendum at federal level. 

(c) Federal constitution 1999:

In 1990s, the federal constitution was revised and updated, with the codification of unwritten constitutional law and the ‘downgrading’ of provisions that did not belong at constitutional level. This total revision was approved by the people and the Cantons on 18 April 1999 by majorities of 59.2% and 14 out of the 26 Cantons respectively. It replaced the previous federal constitution of 29 May 1874 and among other new provisions contained articles on Fundamental rights that had previously only been set out in decisions of the federal Supreme Court and legal commentaries. It came into force on 1 st January 2000. 

(5) Conclusion:  

To conclude that 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.