In a way, Switzerland is the smallest country in the world.
The population here is
approximately equal to one-eighth of the Indian state of Bihar. There is direct
democratic governance here and this democratic governance system has its own
constitution made by the people, according to which the administration of the
country is done.
Swiss Constitution is the Written Constitution. The Swiss constitution is neither
as concise as that of the US constitution nor excessively extended like that of
India. It has a total of 123 Articles. i.e. in addition to being written, it is clear and
concise.
Unique Features of Swiss Constitution
Written and Lengthy Constitution: The Constitution of Switzerland is lengthy
and deals with various matters including details relating to matters like fishing
and hunting, cattle diseases, gambling houses and lotteries. Usually, much of
these issues belong to the sphere of ordinary laws and not constitutional laws.
But such detailed discussions have been made to avoid any confusions regarding
the division of powers between the federal and cantonal governments.
Dynamic Constitution: The Constitution of Switzerland is dynamic as it is
changing with the changing time. The constitution has been amended several
times to meet the new demands of the people.
Rigid Constitution: The Swiss constitution may be classified as rigid as its
amendment procedure is complex. The method of constitutional revision is
discussed in detail in Chapter III of the Constitution of 1874. For amending the
constitution, the instruments of Constitutional Referendum and the
Constitutional Initiative are used. The Swiss constitution may be partially or
totally revised. A total and partial revision of the Constitution can be made if both
the Houses of Federal Assembly approve of the amendment and the same is also
approved by a majority of the Swiss cantons and a majority of the citizens of
Switzerland. Moreover, the citizens of Switzerland can also take initiative in the
amendment of the constitution. For the total amendment of the constitution at
least 50000 people should put their signature.
Republican Constitution: The Constitution of Switzerland is Republican in
character. In fact, Monarchy never existed in Switzerland. According to Article 6
of the constitution, the Cantonal constitutions must ensure the exercise of
political rights according to republican forms. Article 4 provides that the Swiss
citizens are equal before law. The constitution prohibits discrimination of the
people on the basis of birth and there is equality on the basis of law.
Thus every Swiss man and woman attaining the age of 20 years and who is not
excluded from the rights of active citizenship, has the right to determine his
government. Being a Republic, all political institutions of Switzerland – Federal,
Cantonal and Communal – are elective in character. All Swiss citizens participate
directly in the affairs of the government from election to amending the
constitution.
Rights of the citizens: The Swiss citizens are given certain rights by both the
Federal and Cantonal constitutions. Though, the Constitution does not contain a
formal Bill of Rights, yet some two dozen Articles scattered throughout the
document deal with the rights of individuals. These rights are protected by the
court of law. The Swiss citizens are entitled to various rights - right to equality,
right to freedom of press, right to freedom of association and petition, freedom of
belief, right to marriage, right to form associations, right to petition, etc.
Provision of three-fold Swiss citizenship: A citizen of Switzerland has three-
fold citizenship – Communal, Cantonal and Federal. A person before becoming a
citizen of Switzerland must be a citizen of Canton and he cannot be a Cantonal
citizen without becoming a citizen of a Commune. Therefore, the federal
constitution of Switzerland says that every citizen of a Canton is a Swiss citizen.
Again, it is only by being a citizen of a Canton that one acquires the citizenship of
Switzerland. An individual can acquire Swiss citizenship in a number of ways,
like, by birth and by naturalization
Provision of Federalism : The Swiss Constitution provides for the
establishment of federalism though Article - 1, describes it as a Confederation.
However, the Preamble of the Constitution states that to achieve the solidarity of
the Swiss nation, a ‘federal Constitution’ has been adopted. The constituent units
of Swiss Federalism are known as Cantons. There is an association of 25 Cantons
of Swiss. These cantons have a separate constitution. The Swiss constitution
declares the Cantonal sovereignty and they can amend their own constitutions.
But this constitution cannot be against the federal constitution under any
circumstances. The federal government has been given the exclusive control over
foreign relations, despatch and reception of diplomatic agents, declaration of
war, conclusion of peace treaties, management of the Swiss military system,
maintenance of peace and order, ownership and control of railways, currency,
banking, postal and telegraph, higher education etc.
Plural and non-partisan Executive: Another unique feature of the Swiss
Constitution is the provision for a plural executive, known as Federal Council .
Therefore in Switzerland one cannot find either a Parliamentary form of
government like England or a Presidential form of Government like USA. The
constitution of 1848 introduced the provision for a plural executive and it
continues till date.
Accordingly, the executive consists of 7 members and one amongst of them is
elected by the Assembly to serve as its chairman and is designated as the
President of the Confederation. Moreover, the members of the Federal council do
not belong to a particular political party; rather they form a heterogeneous group
belonging to four different political parties. Thus, the plural executive of
Switzerland is a combination of ministerial responsibility and permanence of
tenure.
Democratic Constitution: The practice of democracy in Switzerland is very old.
All Swiss citizens are equal before law and every citizen has been given the right
to vote. The Swiss faith in democracy as a political principle is most
characteristically revealed in the people’s extensive use of the instruments of
direct popular government. The country is known for its practice of direct
democracy. The opinions of all Swiss citizens are given equal weightage and the
popular will is formed from bottom upwards. Moreover, the Swiss constitution
was adopted by the people by their direct vote and can be amended only by the
people themselves.
Religious Tolerance: Swiss is also a secular state. No particular religion is given
priority by the government. Although there are majority of the people who
believe in Protestant and Catholic two religions, yet a person cannot be stopped
on the basis of religion to go to the government.
