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Swiss Constitutional Law

Swiss Constitutional Law

By Thomas Fleiner, Alexander Misic, Nicole Toepperwien


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Switzerland is not only one of the oldest democracies in the world, but also an enduring model of peaceful multiethnic policy, characterized by a Constitution that is constant flux. The new Federal Constitution of the Swiss Confederation took effect on January 1, 2000; and it is with the intention of staying abreast of the constitutional changes and of the case law of the Federal Court that the authors have prepared the current volume. A general introduction of the constitutional history and the foundations of the Swiss political system are followed by the following issues:

  • Sources of Swiss Constitutional Law;
  • Organisational Design of the Swiss Confederation;
  • Federalism in General and the Position of the Cantons and the Municipalities in the Swiss Confederation;
  • Citizenship, Fundamental Rights and Liberties and their Judicial Protection, Protection of Minorities, Judicial Control of Administrative Action;
  • Treaty and Foreign Affairs Powers, Taxing and Spending Powers, the Relationship between the State and the Church.

    Thomas Fleiner is Professor of constitutional and administrative law and Director of the Institute for Federalism at the University of Fribourg, Switzerland; Alexander Misic, lic.iur., LL.M.; Nicole Toepperwien, Dr. iur., LL.M.

  • Pages 308
    Publish Date 08/05/2005
    Publish Frequency As Needed
    Product Line Kluwer Law International
    ISBN 9789041124043
    SKU 10058569-0001
    Table of Contents
      General Introduction. Chapter 1. Outline of Swiss Constitutional History. Chapter 2. The Foundations of the Swiss Political System. Chapter 3. State Territory. Chapter 4. Population (Demographic Data). Chapter 5. Selected Bibliography. Part I. Sources of Constitutional Law. Chapter 1. Treaties. Chapter 2. Constitution. Chapter 3. Legislation. Chapter 4. Jurisprudence. Chapter 5. Customary Law. Chapter 6. Administrative ordinances and orders. Chapter 7. Interpretation and Publication. Part II. State Organization. Chapter 1. General. Chapter 2. The People. Chapter 3. The Legislature. Chapter 4. The Executive. Chapter 5. The Judiciary. Part III. The State and its Subdivisions. Chapter 1. Switzerland as a Federal State. Chapter 2. The Cantons. Chapter 3. The Municipalities. Part IV. Citizenship and the Administration of Justice. Chapter 1. Rules Concerning Citizenship and Relevance of Citizenship. Chapter 2. Fundamental Rights and Freedoms. Chapter 3. Constitutional Problems and Minorities. Chapter 4. Legal Positions of Aliens. Chapter 5. Judicial Control of Administrative Action. Part V. Specific Problems. Chapter 1. War, Treaty, and Foreign Affairs Powers. Chapter 2. Taxing Power, Financial Equalization and Spending Power. Chapter 3. The Constitutional Relationship between Religion and State. Index. Text of the Constitution.