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Swiss Legal History in a (Very Small) Nutshell
Faculty of Law Swiss Legal History in a (very small) Nutshell Introduction into Swiss Law Andreas Thier 11/26/20 Page 1 Faculty of Law Introduction • Three elements in particular defining for present Swiss Legal Culture - Plurality - Cantons and cantonal legal cultures (with tendency towards more or less three regions: Western, Eastern, and Southern region) - Legal traditions and their impact (Roman and common law, Austrian, French, and German law, ecclesiastical law) - Coordination and Mediation of plurality - Swiss nation as Willensnation (“nation of consensus about being a nation even though there are different cultures existing”) - Strong presence of popular sovereignty as means to bring an end to open political conflicts - Legal rules as media and result of these coordinative and mediating efforts - Presence of international legal order (as opposition or openness) 11/26/20 Andreas Thier Page 2 Faculty of Law Introduction (2) • These elements developed in the course of Swiss confederate (legal) history and shall be discussed here • Two larger periods - Old confederacy (13th/14th century-1798) - Emergence and rise of modern constitutional statehood and, since late 19th century, modern welfare state (with strong inclination to self- regulation) • Following section along these periodization - Old confederacy with importance of covenants as means of autonomous rule making, together with customary and partially also decrees, issued in a top-down mode - Modern state with importance of constitutions, codifications and unity in the application -
Local and Regional Democracy in Switzerland
33 SESSION Report CG33(2017)14final 20 October 2017 Local and regional democracy in Switzerland Monitoring Committee Rapporteurs:1 Marc COOLS, Belgium (L, ILDG) Dorin CHIRTOACA, Republic of Moldova (R, EPP/CCE) Recommendation 407 (2017) .................................................................................................................2 Explanatory memorandum .....................................................................................................................5 Summary This particularly positive report is based on the second monitoring visit to Switzerland since the country ratified the European Charter of Local Self-Government in 2005. It shows that municipal self- government is particularly deeply rooted in Switzerland. All municipalities possess a wide range of powers and responsibilities and substantial rights of self-government. The financial situation of Swiss municipalities appears generally healthy, with a relatively low debt ratio. Direct-democracy procedures are highly developed at all levels of governance. Furthermore, the rapporteurs very much welcome the Swiss parliament’s decision to authorise the ratification of the Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority. The report draws attention to the need for improved direct involvement of municipalities, especially the large cities, in decision-making procedures and with regard to the question of the sustainability of resources in connection with the needs of municipalities to enable them to discharge their growing responsibilities. Finally, it highlights the importance of determining, through legislation, a framework and arrangements regarding financing for the city of Bern, taking due account of its specific situation. The Congress encourages the authorities to guarantee that the administrative bodies belonging to intermunicipal structures are made up of a minimum percentage of directly elected representatives so as to safeguard their democratic nature. -
2021 the Swiss Confederation a Brief Guide
The Swiss Confederation 2021 a brief guide Get the app! CH info The R iver Aare mean ders it s way It is ov th erlooked by t roug he h Federa Be l Pal rn. ace, the hea rt of S w iss po lit ica l li fe . Preface “Democratic proce- Dear Reader Political developments in recent years show that not every dures take longer, but country has to remain democratic just because it once was. In fact, democratic processes are increasingly being called provide more stability into question because they allegedly produce ‘the wrong outcome’. Reference is made to lower COVID-19 case num- and engender greater bers in authoritarian states or to higher economic growth rates. Some peevishly ask whether the urgent problems of acceptance in the long today can ever be resolved through lengthy democratic term.” procedures and compromises. Federal Chancellor Walter Thurnherr Those who argue in this way have not understood the es- sence of democracy. There are countries where the govern- ment controls the people. And there are countries where the people control the government. Democracies fall under the second category. It is true that even authoritarian regimes sometimes make decisions that are supported by the majority. But there are no rules defining how the majority can overturn decisions if they no longer agree with them. Democratic procedures take longer, but over the years, they provide more stability and engender greater acceptance. Those who want to preserve democracy respect the institu- tions, the independence of the courts, the competences of the different powers and the fundamental values of the con- stitution. -
The Modern Concept of Confederation Santorini, 22
Santorini 22 – 25 September 1994 CDL-STD(1994)011 Or. Engl. Science and technique of democracy No. 11 EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) The modern concept of confederation Santorini, 22-25 September 1994 TABLE OF CONTENTS Opening session ..................................................Error! Bookmark not defined. Introductory statement by Mr Constantin ECONOMIDES ..................................................... 3 Historical Aspects ...........................................................................................5 Conceptual Aspects .......................................................................................39 a. The classical notions of a confederation and of a federal state - Report by Professor Giorgio MALINVERNI ................................................... 39 b. The modern concept of confederation - Report by Gérald- A. BEAUDOIN .......................................................................................................... 56 c. Towards a new concept of confederation - Report by Professor Murray FORSYTH ..................................................................................... 64 d. A new concept of confederation - Intervention by Mr Maarten Theo JANS ................................................................................................... 76 Examples of present and possible applications ................................................77 a. International and constitutional law aspects of the preliminary agreement concerning the establishment -
Metternich and Civil War in Switzerland
i i i i West Bohemian Historical Review VIII j 2018 j 1 Metternich and Civil War in Switzerland Barbora Pásztorová∗ The purpose of this study is analysis of Austrian Chancellor Metternich’s approach to- wards the civil war in Switzerland, which ensued in 1847 between the Catholic and Protestant cantons, and evaluation of the consequences of Metternich’s diplomatic de- feat, for him personally and also for Austria and its relationship with the German Confederation. Eruption of the conflict itself, its progress and its consequences will be discussed. Metternich considered the dispute in Switzerland to be an issue for Austria, because he believed that the radical (Protestant) cantons’ efforts to create a unified fed- eral state could act as an impulse for the increased involvement of German nationalists who would finally trigger a revolution in Germany. He made all possible effort to pre- vent this development, however, his intention this time was not just to use diplomatic means, but also armed intervention by Austria and France and he also considered using military assistance from the states of the German Confederation. But his efforts failed, the Sonderbund, a military defensive alliance of the seven Catholic conservative can- tons created for the purpose of protecting the sovereignty of the cantons, was defeated in the civil war and a new federal constitution was adopted in Switzerland. The Prince’s fears were realised when the victory of the Swiss radicals became one of the impulses for a revolution in Germany and Italy in 1848. [Civil War; Switzerland; Metternich; 19th Century; Sonderbund; Swiss Confederation; German Confederation] Introduction The1 disputes in relation to the issue of federal reforms, between the radical (Protestant) and conservative (Catholic) cantons, culminated in civil war in Switzerland. -
© in This Web Service Cambridge University
Cambridge University Press 978-0-521-19444-0 - A Concise History of Switzerland Clive H. Church and Randolph C. Head Index More information INDEX Items which also figure in the Glossary are marked in bold Aar, river, 46, 47 transit, 257, 261, 265 Aarau, 135, 147, 149, 157 valleys, 36, 71 Peace of, 97, 104 Alsace, 25, 52, 56, 67, 195, 196 Aargau, 47, 50, 51, 96, 119 American War of Independence, 123 canton of, 135, 144 Anabaptism, 5, 73, 82, 88, 90 as a condominium, 56, 70, 76, 97, Ancien Régime, 6, 7, 104, 111, 115, 116, 105, 285 123, 130, 132, 189 liberalism in, 149 decline of, 124, 130, 135, 150 seizure of, 43, 46 model, 142 Ab Yberg, Alois, 151, 155 nature of, 104 Action for an Independent and Neutral support for, 137, 140, 144, 146, Switzerland, 251, 259 149, 155 active service, 223, 225 anti-Semitism, 39, 171, 202, 208, Ador, Gustave, 196, 203 210, 218 agriculture, 12, 13, 148, 175, 229 Appenzell, 45, 51, 99 growth of, 116, 143, 156 canton of, 54, 67, 77, 83 problems of, 137, 183, 206, 230, 247 economy of, 142 structure of, 122, 167 hills of, 44 AHV/AVS, 221 significance of, 203 AIDS, 249 war, 43, 45 Alabama, 168 Appenzell, Inner Rhoden, 106, 149, alliances, 5, 33, 40, 46, 59, 90 259, 267 as a constituent of Switzerland, 4, 11, Appenzell, Outer Rhoden, 108 33, 53 Arbedo, 285 members of, 19, 29, 30 aristocracy, 4, 5, 17, 28, 30, 33, 37, 46, peace, 22, 23, 25, 27, 35, 49 58, 60, 71 Allies, 8, 193, 196, 199, 213, 219, 221 army, 255 pressures on Switzerland, 222 Arth, 95 victories of, 219, 221 Articles of War, 110 Alps, 2, 4, 11, 12, 13, 23, 25, 53 Associates, 67, 74, 75, 87, 94, 101 central, 19, 21 asylum, 245, 258 as a fortress, 212, 215, 235 policy, 243, 279 as a symbol, 186 seekers, 264, 279 310 © in this web service Cambridge University Press www.cambridge.org Cambridge University Press 978-0-521-19444-0 - A Concise History of Switzerland Clive H. -
Great-Power Confederalism: European Republicanism at a Crossroads’ in C
Kostas A. Lavdas, ‘Great-power confederalism: European republicanism at a crossroads’ In C. Gortsos et al., eds., New Approaches to Sovereignty: Essays in Honor of Professor Constantine Stephanou (Athens: Nomiki Bibliothiki, forthcoming). Great-power confederalism: European republicanism at a crossroads 1. Reflecting on confederal politicality A good place to begin this chapter is with the unashamedly hagiographical account of Switzerland from a study by Gabriel Bonnot de Mably (De l'étude de l'histoire), published in 1775: “’It is in Switzerland that the truest and most natural ideas of society have been preserved”. It was here, he claimed, and here alone that it was still possible to practice the noble ideals of true politics, where ‘no man should be sacrificed for another man’, where property was inviolable and where the magistrates’ authority was founded less on force and ‘external decorations’ than on their moral integrity and total dedication to the common good” (Kapossy, 2002: 228). Writing on the eve of the outbreak of the American Revolution and a few years before the French Revolution, Mably – a staunch defender of Roman republican principles – expressed a widely shared view of the Swiss republics as the last home of civic virtue and true liberty. And of their bonds – in the form of a loose confederation – as the most appropriate device for the preservation of both civic virtue and true liberty. But what is ‘true’ liberty in this context? It is the sort of liberty that requires not merely the absence of actual coercion but the absence of conditions of domination and dependence. In other words, to enjoy liberty is not sufficient to be de facto free from coercion; it is necessary to be free from the possibility of being coerced: liberty should not be contrasted with coercion but with servitude (Pettit, 1997; Skinner, 1998). -
Switzerland: a Future Model for the European Union? Similarities and Differences
Switzerland: A Future Model for the European Union? Similarities and Differences Document Identifier D4.2 Report on 'Switzerland: A future model for the European Union? Similarities and differences' Version 1.0 Date Due 31.08.2016 Submission date 02.09.2016 WorkPackage WP4 Rivalling citizenship claims elsewhere Lead Beneficiary 22 UZH Dissemination Level PU Change log Version Date amended by changes 1.0 31.08.2016 Francis Cheneval Final deliverable sent to coordinator after implementing review comments. Partners involved number partner name People involved 22 University of Zürich Francis Cheneval, Mónica Ferrin Table of Contents EXECUTIVE SUMMARY ..................................................................................................................................... 4 1. SWITZERLAND AND THE EUROPEAN UNION: SIMILAR AND DIFFERENT ..................................................... 6 2. POLITICS IN TIME: POLITICAL INTEGRATION OF SWITZERLAND AND THE EU ............................................. 7 2.1 Democratization, Liberalization and Political Integration ................................................................ 8 2.2 Territorial Expansion ...................................................................................................................... 14 2.3 Major Changes in Cultural Diversity ............................................................................................... 15 3. Diversity and its Accommodation in Switzerland and the EU ......................................................... -
December 2010 – the Planchet Magazine
ENS Go For The Gold Awards - Pages 14 & 15 www.edmontoncoinclub.com VOL 57. ISSUE 9 December 2010 Edmonton Numismatic Society $4.25 The Planchet Edmonton’s Fall Coin Show and Sale Switzerland Centennial Money Premeditated Murder? VOL 57. ISSUE 9 December 2010 The Planchet Other Stuff Feature Articles 3 Message From The 6 A Penny’s Worth President Two “Wrongs” Doesn’t Make it “Right” 3 Next Meeting A parody piece or a planned attack on civilians in WWI? 5 About Your Society by Marc Bink 12 Edmonton’s Coin Show Ancient/Medieval and Sale 18 Adventures Down East The club’s ancients expert tours the eastern Go For the Gold 14 US and gives a prestigious talk. by Terence Cheesman 16 2010 The Planchet Index A Closer Look at Canada’s Centennial Coming Events /Classified 20 31 Issues of 1967 / New Members Variety and beauty in’67 - something for The Planchet Team: everyone to collect. Editor-In-Chief: Roger Grove by Ermin Chow Content Editor: Chris Hale Co-Editors: Pierre Driessen & Marc Bink Canadian Junk Silver On-Line Distribution: Pierre 22 Driessen Worn-out silver coins still have intrinsic value. Printing and Mailing: Howard by Joe Kennedy Gilbey 24 Pro Dolecta Exonumiae The Act of Mediation ON THE COVER: Picture of the bourse from the Edmonton’s Coin Mediation with the Swiss was used as a Show and Sale. Photo by Roger defence mechanism for France. Grove. by Pierre Driessen Disclaimer:The opinions herein are those of the individual authors and are not necessarily those of the Edmonton Numismatic Society. -
National Criminal Law in a Comparative Legal Context
Schriftenreihe des Max-Planck-Instituts filr ausländisches und internationales Strafrecht National Criminal Law Strafrechtliche Forschungsberichte in a Comparative Legal Context Herausgegeben von Ulrich Sieher in Fortfilhrung der Reihe "Beiträge und Materialien aus dem Max-Planck-Institut filr ausländisches und internationales Strafrecht Freiburg" Valurne 1.1 begründet von Albin Eser Introduction to National Systems National characteristics, fundamental principles, Band S 128.1.1 and history of criminallaw England and Wales, Scotland, Sweden, Switzerland edited by Ulrich Sieber • Konstanze Jarvers • Emily Silverman Bibliothek Max-Planck-lnstitut für ausländisches (j) und internationales Strafrecht Duncker & Humblot • Berlin Comprehensive summary of project I. Introduction to national systems Vol. I: A. National characteristics B. Comparative legal classification and international ties C. Constitutional parameters of criminal law D. Fundamentals of criminallaw E. Nature, form, and boundaries of criminallaw F. Sources of criminal law and interpretation aids G. Developments in criminallaw, criminal procedure, and the execution of punishment II. Foundations of criminallaw Vol. 2: A. Principle oflegality 8. Extraterritorial jurisdiction- the applicability of domestic criminal law to activities committed abroad Vol. 3: C. Concept and systematization of the criminal offense D. Objective aspects ofthe offense E. Subjective aspects ofthe offense Vol.4: F. Punishable conduct prior to the completion of an offense G. Parties to crime H. Criminal -
The Swiss Ständerat: a Model of Perfect Bicameralism by Eva Maria Belser
ISSN: 2036-5438 The Swiss Ständerat: a Model of Perfect Bicameralism by Eva Maria Belser Perspectives on Federalism, Vol. 10, issue 2, 2018 Except where otherwise noted content on this site is licensed under a Creative Commons 2.5 Italy License E -152 Abstract This paper presents the Swiss Ständerat as a model of perfect bicameralism. It looks at the constitutional design of the second Chamber, examines the evolution of the Ständerat and critically assesses its current functioning. The author claims that the Swiss Federal Assembly is still based on almost perfect bicameralism but that the second Chamber only very imperfectly represents the regions. Having highlighted the current role and justification of the second Chamber, the paper will raise the question whether the Ständerat fulfils other useful functions justifying its existence. Does the sheer fact of having two differently composed Chambers prevent capricious and precipitous decision-making? The paper then turns to alternative mechanisms of representing regions at the federal level, briefly looks at other mechanisms available to Cantons to make their voices heard in the capital and presents the House of the Cantons as an evolving third Chamber complementing the Ständerat. Key-words bicameralism, Ständerat, regional representation, Swiss federalism, intergovernmental relations Except where otherwise noted content on this site is licensed under a Creative Commons 2.5 Italy License E -153 1. Introduction It would most likely come to a great surprise to most Swiss that the Council of States, the Ständerat (Conseil des Etats, Consiglio degli Stati), is linked to the notion of perfection in a conference on “Representing Regions, Challenging Bicameralism”. -
The Swiss Model of Federalism. Some Lessons for the European Union
DOI : 10.14746/pp.2014.19.3.2 Agnieszka NITSZKE Cracow The Swiss model of federalism. Some lessons for the European Union Abstract: The federal principle in Switzerland has been developing for centuries. It was a process that has not always proceeded in a peaceful manner. The creation of Swiss statehood required reconciling different groups and interests. Today’s federal solutions in Switzerland allow for the peaceful co-existence of different language and religious groups. Another challenge is to reconcile the interests of wealthy and poor cantons. Understanding how this happened can provide guidance for further integra- tion within the European Union, which in many aspects might be compared to Switzerland. Key words: federalism, Switzerland, European Union witzerland is very often given as a model of a federal state. The federal solu- Stions existing in this country integrate multiple interests. Switzerland is a coun- try where different language and religious groups coexist. What is more, this situation is aggravated by the division into poor agricultural and rich industrial can- tons. This diversity of Switzerland reflects in a certain sense the situation in the European Union (EU), where there are also countries which vary in many respects. It can therefore, in some way, make sense to compare the EU to Switzerland. The Swiss constitutional solutions ensure the cantons and each social language and reli- gious group influence the policy of the whole federation. The specific nature of the Federal Council, the Swiss government, introduces a model of a constant grand co- alition government (Musia³-Karg, 2012, p. 118–120), unknown in any other coun- try, which can be compared with the EU’s intergovernmental institutions, like the European Council and the Council of the European Union, which are also a kind of large coalition.