Preamble and Title 1 of the Swiss Federal Constitution
Encyclopedia
The preamble
and the first title of the Swiss Federal Constitution
of 18 April 1999 determine the general outlines of Switzerland
as a democratic
federal republic
of 26 cantons governed by the rule of law
.
By opening with a solemn invocation of God
, the preamble
is in line with all preceding Swiss constitutional documents, back to the Federal Charter of 1291
, except for the constitutions adopted under French sway in the time of the Helvetic Republic
.. Apart from continuing tradition, the invocatio dei is understood to be a reference to transcendental values underlying society, putting into perspective any claims to authority by the State – a merely human creation.
The preamble was authored by journalist Daniel S. Miéville, and inspired in part by a 1977 draft by writer Adolf Muschg
. It is a symbolic summation of the will to and purpose of statehood, a declaration of intent by the popular Sovereign
, an integrating avowal of the Swiss people's fundamental values, and a binding mandate to the State's authorities. It was among the most contested provisions in the course of the 1999 constitutional revision.
or anthem
are left out.
Article 1 constitutes the federal state, the Confederation, as consisting of the people and the 26 coëqual cantons listed in their traditional order of precedence. Article 2 enumerates the purposes of the state, which include protecting the liberty
and the rights of the people, and ensuring the independence
and security of the country. Like the preamble, this provision is of symbolic, historical, political and normative value.
Article 3 provides that "the Cantons are sovereign
insofar as their sovereignty is not limited by the Federal Constitution; they shall exercise all rights which are not transferred to the Confederation." This maintains the "bottom-up
" Swiss constitutional tradition according to which both the whole Confederation and the cantons are states
in their own right. Much like U.S. states, the cantons are autonomous in their organisation and in their actions as states, although in principle the Confederation alone is a subject of international law
. As in the U.S., the powers delegated by the cantons to the Confederation are enumerated in the Constitution
, although in practice federal authority is construed and exercised extensively. Also, federal and cantonal competencies often overlap and interlock in complex ways.
Article 4 declares German
, French
, Italian
and Romansh to be the "national languages
", highlighting the prominence of Swiss multilingualism
as an integral part of the country's self-conception.
Article 5 lists some of the fundamental aspects of the rule of law
which the state is bound to observe, including the principles of obedience to law, proportionality
, good faith
and, due to pacta sunt servanda
, respect for international law
. The latter is customarily held to be self-executing and thus directly enforceable in Switzerland, with important exceptions.
Article 6, another preamble-like provision indicative of the Swiss' perception of themselves, counterbalances the "social goals" set forth in article 41 by stating that "all persons are responsible for themselves".
Preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
and the first title of the Swiss Federal Constitution
Swiss Federal Constitution
The Federal Constitution of 18 April 1999 is the third and current federal constitution of Switzerland. It establishes the Swiss Confederation as a federal republic of 26 cantons , contains a catalogue of individual and popular rights , delineates the responsibilities of the...
of 18 April 1999 determine the general outlines of Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
as a democratic
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
federal republic
Federal republic
A federal republic is a federation of states with a republican form of government. A federation is the central government. The states in a federation also maintain the federation...
of 26 cantons governed by the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
.
Preamble
The preamble to the Constitution states, in full:By opening with a solemn invocation of God
God
God is the English name given to a singular being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism....
, the preamble
Preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
is in line with all preceding Swiss constitutional documents, back to the Federal Charter of 1291
Federal Charter of 1291
The Federal Charter or Letter of Alliance documents the Eternal Alliance or League Of The Three Forest Cantons , the union of three cantons in what is now central Switzerland. It is dated in early August, 1291 and initiates the current August 1 national Swiss holiday. This agreement cites a...
, except for the constitutions adopted under French sway in the time of the Helvetic Republic
Helvetic Republic
In Swiss history, the Helvetic Republic represented an early attempt to impose a central authority over Switzerland, which until then consisted mainly of self-governing cantons united by a loose military alliance, and conquered territories such as Vaud...
.. Apart from continuing tradition, the invocatio dei is understood to be a reference to transcendental values underlying society, putting into perspective any claims to authority by the State – a merely human creation.
The preamble was authored by journalist Daniel S. Miéville, and inspired in part by a 1977 draft by writer Adolf Muschg
Adolf Muschg
Adolf Muschg is a Swiss writer and professor of literature. Muschg was a member of the Gruppe Olten.- His life :...
. It is a symbolic summation of the will to and purpose of statehood, a declaration of intent by the popular Sovereign
Sovereign
A sovereign is the supreme lawmaking authority within its jurisdiction.Sovereign may also refer to:*Monarch, the sovereign of a monarchy*Sovereign Bank, banking institution in the United States*Sovereign...
, an integrating avowal of the Swiss people's fundamental values, and a binding mandate to the State's authorities. It was among the most contested provisions in the course of the 1999 constitutional revision.
Title 1: General Provisions
The general provisions (articles 1–6) define the characteristic traits of the Swiss state on all of its three levels of authority: federal, cantonal and municipal. They are addressed to the state authorities, programmatic in scope and not directly enforceable. Notably, provisions about the symbols of the state such as the flagFlag of Switzerland
The flag of Switzerland consists of a red flag with a white cross in the centre. It is one of only two square sovereign-state flags, the other being the flag of the Vatican City...
or anthem
Swiss Psalm
The Swiss Psalm is the national anthem of Switzerland. It was composed in 1841, by Alberich Zwyssig . Since then, it has been frequently sung at patriotic events. The Federal Council declined however on numerous occasions to accept the psalm as the official anthem. This was because the council...
are left out.
Article 1 constitutes the federal state, the Confederation, as consisting of the people and the 26 coëqual cantons listed in their traditional order of precedence. Article 2 enumerates the purposes of the state, which include protecting the liberty
Liberty
Liberty is a moral and political principle, or Right, that identifies the condition in which human beings are able to govern themselves, to behave according to their own free will, and take responsibility for their actions...
and the rights of the people, and ensuring the independence
Independence
Independence is a condition of a nation, country, or state in which its residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory....
and security of the country. Like the preamble, this provision is of symbolic, historical, political and normative value.
Article 3 provides that "the Cantons are sovereign
Sovereign
A sovereign is the supreme lawmaking authority within its jurisdiction.Sovereign may also refer to:*Monarch, the sovereign of a monarchy*Sovereign Bank, banking institution in the United States*Sovereign...
insofar as their sovereignty is not limited by the Federal Constitution; they shall exercise all rights which are not transferred to the Confederation." This maintains the "bottom-up
Bottom-up
Bottom-up may refer to:* In business development, a bottom-up approach means that the adviser takes the needs and wishes of the would-be entrepreneur as the starting point, rather than a market opportunity ....
" Swiss constitutional tradition according to which both the whole Confederation and the cantons are states
State (polity)
A state is an organized political community, living under a government. States may be sovereign and may enjoy a monopoly on the legal initiation of force and are not dependent on, or subject to any other power or state. Many states are federated states which participate in a federal union...
in their own right. Much like U.S. states, the cantons are autonomous in their organisation and in their actions as states, although in principle the Confederation alone is a subject of international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
. As in the U.S., the powers delegated by the cantons to the Confederation are enumerated in the Constitution
Enumerated powers
The enumerated powers are a list of items found in Article I, section 8 of the US Constitution that set forth the authoritative capacity of the United States Congress. In summary, Congress may exercise the powers that the Constitution grants it, subject to explicit restrictions in the Bill of...
, although in practice federal authority is construed and exercised extensively. Also, federal and cantonal competencies often overlap and interlock in complex ways.
Article 4 declares German
German language
German is a West Germanic language, related to and classified alongside English and Dutch. With an estimated 90 – 98 million native speakers, German is one of the world's major languages and is the most widely-spoken first language in the European Union....
, French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
, Italian
Italian language
Italian is a Romance language spoken mainly in Europe: Italy, Switzerland, San Marino, Vatican City, by minorities in Malta, Monaco, Croatia, Slovenia, France, Libya, Eritrea, and Somalia, and by immigrant communities in the Americas and Australia...
and Romansh to be the "national languages
Official language
An official language is a language that is given a special legal status in a particular country, state, or other jurisdiction. Typically a nation's official language will be the one used in that nation's courts, parliament and administration. However, official status can also be used to give a...
", highlighting the prominence of Swiss multilingualism
Multilingualism
Multilingualism is the act of using, or promoting the use of, multiple languages, either by an individual speaker or by a community of speakers. Multilingual speakers outnumber monolingual speakers in the world's population. Multilingualism is becoming a social phenomenon governed by the needs of...
as an integral part of the country's self-conception.
Article 5 lists some of the fundamental aspects of the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
which the state is bound to observe, including the principles of obedience to law, proportionality
Proportionality (law)
Proportionality is a principle in law which covers two distinct concepts. Within municipal law it is used to convey the idea that the punishment of an offender should fit the crime...
, good faith
Good faith
In philosophy, the concept of Good faith—Latin bona fides “good faith”, bona fide “in good faith”—denotes sincere, honest intention or belief, regardless of the outcome of an action; the opposed concepts are bad faith, mala fides and perfidy...
and, due to pacta sunt servanda
Pacta sunt servanda
Pacta sunt servanda , is a brocard, a basic principle of civil law and of international law.In its most common sense, the principle refers to private contracts, stressing that contained clauses are law between the parties, and implies that nonfulfilment of respective obligations is a breach of the...
, respect for international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
. The latter is customarily held to be self-executing and thus directly enforceable in Switzerland, with important exceptions.
Article 6, another preamble-like provision indicative of the Swiss' perception of themselves, counterbalances the "social goals" set forth in article 41 by stating that "all persons are responsible for themselves".