Rs 131.224.1 Constitution Of The Canton Of Appenzell (Rh. - Ext.), April 30, 1995

Original Language Title: RS 131.224.1 Constitution du canton d’Appenzell (Rh.-Ext.), du 30 avril 1995

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131.224.1 translation Constitution of the canton of Appenzell Ausserrhoden on 30 April 1995 (State March 11, 2015), women and men of Appenzell Ausserrhoden, we respect creation in all its diversity in faith.
We want, beyond borders, contribute to the development of a community living in freedom, peace and justice.
Recognizing the indissoluble link between the individual and the good of the community, we have the following constitution: 1 principles art. 1. the canton of Appenzell Ausserrhoden canton Appenzell Ausserrhoden is a liberal, democratic and social constitutional State.
As a sovereign canton, it is an integral part of the Swiss Confederation and cooperates with the Confederation, the other cantons and neighbouring countries.
II is actively involved in the decision-making process at the federal level.

Art. 2 canton Appenzell Ausserrhoden canton consists of Commons Urnäsch, Herisau, Schwellbrunn, Hundwil, Stein, Schönengrund, Waldstatt, Teufen, Bühler, gay, Speicher, Trogen, Rehetobel, Wald, Grub, Heiden, Wolfhalden, Lutzenberg, Walzenhausen and Reute.

Art. 3 City law municipal City law based it cantonal citizenship.
The law regulates the acquisition and loss of city rights cantonal and communal.

2. rights fundamental art. 4 human dignity human dignity must be respected and protected.

Art. 5 equality of right, prohibition to discriminate all men are equal before the law.
No one should be discriminated against, particularly because of her sex, age, race, colour of his skin, his language, his origin, political, religious or philosophical beliefs, his lifestyle or his physical or mental capacities.

Art. 6 equality between men and women men and women are equal before the law.
They are entitled to the same training, to equal pay for work of equal value as well as equal access to public service.
The canton and the communes, encourage the achievement of de facto equality.
They are what the public tasks are completed as well by women than by men.

Art. 7 freedom of conscience and belief, freedom of conscience and belief as well as its exercise are guaranteed.
No one may be forced to perform a religious act or to profess beliefs.

Art. 8 Prohibition of arbitrariness and good faith; prohibition of retroactive protection against arbitrary action by the public authorities and the protection of good faith are guaranteed.
Retroactive legislative acts are not allowed.

Art. 9 personal freedom, personal freedom is guaranteed.
Torture and punishment and inhuman or degrading treatment are prohibited.
Anyone is entitled to respect for his private life, from his home and his correspondence relationships it establishes through telecommunications.

Art. 10 marriage and other forms of living together the right to marriage and family life is protected.
The freedom to choose another form of common life is guaranteed.

Art. 11 freedom of establishment freedom of establishment is guaranteed.

Art. 12 freedom of opinion and information any person may freely form his opinion, express it without constraint and spread it by Word, writing and image or in any other way.
Governments cannot exercise any control over the expression of opinions to influence the content.
Any person providing proof of a legitimate interest has the right, within the law, to consult the official documents, as long as no public interest or private key does.

Art. 13 freedom of science and the right to teach freedom of research and the doctrine as well as the right to teach are guaranteed.
Any person who carries on a scientific activity has a duty to assume its responsibilities in human, animal and plant life and natural elements that are necessary for this.

Art. 14 freedom of art freedom of artistic expression is guaranteed.

Art. 15 data protection any person is entitled to that personal data are protected.
Anyone can get information about the data concerning it and may require the rectification of those that are inaccurate.

Art. 16 right to petition any person has the right to petition the authorities and collect signatures for this purpose. She doesn't have to incur damage as a result.
The authorities have the obligation to examine the petitions on the merits and to respond as quickly as possible.

Art. 17 freedom of association and assembly freedom of association and freedom of Assembly are guaranteed.
Law or a municipal regulation may submit authorization events taking place on the public domain. The demonstrations are allowed if an ordered sequence seems assured and the infringement of the interests of third parties seems bearable.

Art. 18 right to property ownership is guaranteed.
Full compensation is granted in case of expropriation or restriction of property equivalent to an expropriation.

Art. 19 economic freedom; freedom of trade and industry the free choice of profession and the free economic activity as well as the professional association and Union rights are guaranteed.

Art. 20 guarantees of procedure a. legal guarantees any person has the right to have his cause heard by judges independent, impartial and established by law.
People without the necessary resources are entitled to free legal aid.
Any person is presumed innocent until convicted by a judgment entered into force of res judicata. The doubt benefits the accused.
In any proceedings, the parties have the right to be heard and to obtain within a reasonable time a decision motivated; remedies must be indicated to them.

Art. 21 (b) guarantees in the event of deprivation of liberty tie cannot be deprived of his liberty if it isn't in the cases and according to the forms established by law.
Any person deprived of liberty must be informed in a language that she understands this measure and reasons of rights which are his. She has the right to inform relatives.
Any person detained and suspected of a crime must be translated as soon as possible before a judicial authority.
Any person deprived of liberty has the right to be assisted by legal counsel and to review the legality of the deprivation of liberty by a court in a simple and fast procedure.
If the deprivation of freedom is unjustified, the public authorities to the person who was victim repair the damage suffered and possibly the moral wrong.
Free communication with legal counsel may be limited in the event of a risk of abuse, and only to the extent permitted by law.

Art. 22 scope of fundamental rights fundamental rights must be made on the whole of the legal order.
Foreigners also enjoy fundamental rights unless otherwise provided by federal law.
Minors capable of discernment may assert themselves the rights pertaining to their personality.

Art. 23 restriction of fundamental rights anyone use their human rights must respect those of others.
A fundamental right may be restricted only if: a. a legal basis allows it; b. an overriding public interest so warrants; c. the restriction is proportionate to the aim pursued.

A fundamental right can be restricted temporarily without a legal basis in the event of serious, imminent danger and manifested.
He can't be in any way infringed the essence of fundamental rights.

3. social rights and social goals art. 24. social rights any person in need who cannot get out of the gene by its own means a right to shelter, essential medical care and the necessary means to lead a life consistent with the requirements of human dignity.
Every child has the right to be protected and assisted. There entitled, during the period of compulsory education, free basic training that matches their skills.
Victims of serious offences are entitled to assistance that allows them to overcome their difficulties.

Art. 25 b. social goals, the canton and the communes, in addition to private initiative and personal responsibility, set themselves the following objectives within available means: a. anyone can support herself by her work; b. anyone can stay properly; c. any person can form and develop in accordance with its tastes and its skills; d. that all parents enjoy before physical security and After the birth of a child; e. any old, weak, sick or disabled person who has need assistance is properly treated and framed.

4 duties of the person art. 26. every person is responsible for itself and door its share of responsibility for the community and future generations, especially with regard to the conservation of the natural elements necessary for life.
In order to accomplish tasks of general interest, the law may force the population to personal benefits. The benefits in kind may be replaced by a tax exemption.

5. public tasks 5.1 principles art. 27


Public tasks must be accomplished so that the elements necessary for life are carved and preserved; they must meet the needs and contribute to the prosperity of all.
II be constantly examined existing and new tasks to determine if they are required, if they can be financed and whether they can be accomplished in a cost-effective and appropriate way.
The canton performs only tasks that can be performed also satisfactorily by municipalities or individuals. It encourages private initiative and personal responsibility as well as regional cooperation.

5.2 tasks art. 28 order and public security the canton ensures order and public safety.
He's taking steps to master extraordinary situations.

Art. 29 protection of the environment and nature the natural environment must be preserved for present and future generations and, to the extent possible, cleaned up when it has been altered. Public and private activities must harm the least possible.
The canton and the communes protect the flora and fauna in their diversity and their biotopes.
The natural elements necessary for life cannot be used insofar as their durability is guaranteed.
The canton and the communes can introduce measures of incentive type in order to spare the natural elements necessary for life and to reduce the production of waste and pollutants.
They encourage personal responsibility and can support organizations that work for the maintenance of the natural elements necessary for life.
The costs of environmental protection measures are generally put the responsibility of those who have made it necessary.
The emission of pollutants and other nuisances must be tackled at source, deleted or at least reduced.

Art. 30 heritage and landscape protection the canton and the communes are taking measures to save and conserve landscapes and sites worthy of protection as well as cultural assets and natural monuments.
They cooperate with private organizations and may participate in the financing of their activities.

Art. 31 planning and construction the canton and the communes ensure a rational occupation of the territory, use appropriate and measured soil and the protection of the landscape.
The environment must be respected during the construction of buildings and facilities of all kinds.

Art. 32 transport the canton and the communes ensure that transport respect the environment, that they are safe and that all users are served.
They encourage the transfer of collective modes of transport modes insofar as an important general interest.

Art. 33 water, energy and waste a. water the canton and the communes ensure water supply and encourage efficient use of water.
They are working to reduce as much as possible violations of water quality and ensure that wastewater is cleaned in the respect of the environment.

Art. 34 b. energy the canton and the communes encourage energy supply safe and respectful of the environment as well as an economical and rational use of energy.
In particular, they encourage the use of renewable energy.

Art. 35 c. waste the canton and the communes to take measures in order to reduce the production of waste and encourage recycling.
They ensure that the waste be disposed appropriately.

Art. 36 Education and training a. principles education and training are intended to develop personal responsibility, the desire to promote social justice and responsibility in the face of the surrounding world.
The school supports parents in their educational task; with them, it gives the child training skills and its possibilities.

Art. 37 b. school Township and municipalities create kindergartens and schools.
They can allocate subsidies to private schools.
Everyone is free to attend public school or, at his own expense, a recognized private school.

Art. 38 c. other tasks the canton and the communes to encourage the training and development and the training of adults.
The canton promotes access to universities, high schools and vocational schools.
II encourages collaboration in the field of schools and training.

Art. 39 Social Affairs a. welfare Township and Commons support people in need in collaboration with other organizations.
They are working to prevent situations of social distress and encourage personal measures.
They can complement the benefits of Confederation.
The canton supervises the hosting institutions.

Art. 40 b. jobs the canton and the communes coordinate and support the placement of job-seekers, the retraining and reintegration of the unemployed.
In the event of conflicts between the social partners, the canton offers his competition.

Art. 41 c. families, young people and elderly canton and Commons support in their task families and other communities raising children; they can encourage the creation of an environment suitable for the supervision of children.
They deal with the problems and the needs of youth and the elderly and collaborate with other organizations.

Art. 42 d. disabled the canton and the communes encourage, in cooperation with private organizations, the training and the professional and social integration of people with disabilities.

Art. 43 economic order a. principle the canton and the communes to create conditions conducive to economic development diversified and balanced; they strive to maintain existing jobs and create new ones.
They can support economic promotion organizations.
They shall ensure, within their possibilities, to mitigate economic crises and their consequences.

Art. 44 b. Agriculture and forestry the canton takes measures to promote agriculture and forestry productive and adapted to the topographic conditions.
II supports particularly family businesses, a close nature management and a broad basic agricultural training.
II maintains the forest in their protective, economic and social functions.

Art. 45 c. canton cantonal bank can take a stake in a bank in order to cover the needs in cash and credits the population and economy of the canton. It can itself establish a Bank for this purpose.

Art. 46 d. insurance Township may establish a body which ensures the buildings, land and crops against damage or take a stake in such an institution.
Buildings and lands must be ensured.

Art. 47 e. enjoy the following sovereign rights confer an exclusive right of exploitation in the canton: a. the treat waters; b. the enjoy hunting and fishing; c. the treat of the mines, including the right to store substances under the surface of the Earth and geothermal energy; d. the treat of salt.

He can exercise these rights itself or grant them to Commons or to individuals.
Existing private rights are reserved.

Art. 48 health the canton and the communes to create the necessary conditions to ensure sufficient and affordable medical and paramedical population assistance.
The Township encourages the collaboration of private and public institutions, in the canton and the region.
The canton and the communes encourage personal responsibility; they support prevention and education to health and fight the dangers caused by addiction.
The canton and the communes encourage medical and home health care.
The canton has surveillance on the public and private institutions in health, medical and paramedical professions and the pharmaceutical sector.
The free therapeutic activity is guaranteed.

Art. 49 culture, science and recreation the canton and the communes encourage culture.
They support scientific activities.
They encourage the wise organization of recreation.

6. political rights right to vote article 6.1 50 all the Swiss who are domiciled in the canton and are aged 18 or over have the right to vote in cantonal matters.

6.2 initiative popular art. 51. object, number of signatures the popular initiative may apply: a. total or partial constitutional revision; (b) the adoption, repeal or the amendment of laws and acts subject to the vote of the people.

The popular initiative must have been signed by 300 citizens.

Art. 52 b. form the popular initiative may be conceived in general terms or, unless she asks the total revision of the constitution, take the form of a project written from scratch.

Art. 53 c. Initiative of single type insofar as the initiative does not a total revision nor door expressly on a partial revision of the constitution, the Council decides whether the project should be developed at the level of constitutional or legislative.

Art. 54 d. counter-proposal; double Yes


The Grand Council can oppose the initiatives a counter-proposal.
Citizens can validly as well approve the initiative that the counter-proposal and decide which of the two projects should take precedence in the event that one and the other would be accepted.

Art. 55 e. Procedure the Council of State decision on the outcome of the initiatives and the Grand Council on their validity.
An initiative is entirely or partially voided if: a. it does respect the principle of the unity of matter; (b) it violates the right of higher rank; or sic. It is not executable.

The initiatives are considered without delay.

6.3 right to participate in decision-making art. 56. popular Intervention every inhabitant of the canton may deliver to the Grand Council of the written proposals concerning cases which are subject to the mandatory or optional referendum and motivate them in person before the Board, in accordance with the regulations.

Adopted by popular vote on May 21, 2000, in force since 1 June 2000. Guarantee of the SSA. fed. March 20, 2001 (FF 2001 1291 art. 1, ch. 4, 2000 4851).

Art. 57 b. consultation Procedures stakeholders are consulted on the constitutional and legislative projects and other important business.
The results of the consultation procedure.

7. citizens art. 58 and 59 repealed art. 60 mandatory referendum and elections the citizens to vote on: a. the revisions total or partial of the constitution; b. and c.... d. tentative orders; e. expenditures exceeding the powers of the Grand Council; f... .g. initiatives that the Council does not approve or to which he objects a counter-proposal; h. the Grand Council decisions which are subject to the referendum optional according to art. 60, when a third of the members present so requires.

Citizens elect: the members of the Council of State and, among these, the landamman; (b) the members of the High Court; (c) the representative of the canton to the Council of States, for a term of four years.

Adopted by popular vote on May 21, 2000, in force since 1 June 2000. Guarantee of the SSA. fed. March 20, 2001 (FF 2001 1291 art. 1, ch. 4, 2000 4851).
Repealed by referendum of May 21, 2000, with effect from June 1, 2000. Guarantee of the SSA. fed. March 20, 2001 (FF 2001 1291 art. 1, ch. 4, 2000 4851).
Repealed by referendum of May 21, 2000, with effect from June 1, 2000. Guarantee of the SSA. fed. March 20, 2001 (FF 2001 1291 art. 1, ch. 4, 2000 4851).
Approved by referendum of May 21, 2000, in force since 1 June 2000. Guarantee of the SSA. fed. March 20, 2001 (FF 2001 1291 art. 1, ch. 4, 2000 4851).
Approved by referendum of May 21, 2000, in force since 1 June 2000. Guarantee of the SSA. fed. March 20, 2001 (FF 2001 1291 art. 1, ch. 4, 2000 4851).
Approved by referendum of June 13, 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 s. 1, ch. 6, 4149).

Art. 60referendum optional when at least 300 people having the right to vote within 60 days of the official publication requires it, the citizens to vote on: a. the adoption, repeal and modification of laws; b. the Intercantonal and international legislative conventions.

Adopted by popular vote on May 21, 2000, in force since 1 June 2000. Guarantee of the SSA. fed. March 20, 2001 (FF 2001 1291 art. 1, ch. 4, 2000 4851).

8 authorities 8.1 General art. 61separation powers the Grand Council, the Council of State and the courts are organized according to the principle of the separation of powers.
The authorities work together and coordinate their activities.

Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).

Art. 61 principles of the rule of law any person who assumes a public task must conform to the constitution and the law. It must act in the public interest, according to the principles of good faith, of the prohibition of arbitrariness and of proportionality.
The Council of State and the courts do not apply the cantonal legislative acts that violate the top right.

Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).

Art. 62 eligible citizens of the canton are eligible for the cantonal authorities. The law regulates the exceptions.

Art. 63 incompatibility zero cannot be simultaneously a member of the following authorities: a. of the Grand Council, the Council of State and a cantonal judicial authority; b. a cantonal court and a City Council or staff of the canton or one of its establishments; b. the Grand Council and staff of the canton or one of its establishments, if he assumes a higher function designated by law or a function of direct support to the Council of State; c. of the Council of State and a Parliament or of a Municipal Council; d. of the cantonal court and the High Court; (e) as a member of a conciliation authority, a cantonal judicial authority.

Parents and children, brothers and sisters, spouses and persons related by a registered or leading partnership in fact a married life can belong simultaneously to the same authority, with the exception of the Grand Council.

Approved by referendum of May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).
Approved by referendum of May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).
Approved by referendum of June 13, 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 s. 1, ch. 6, 4149).
Approved by referendum of June 13, 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 s. 1, ch. 6, 4149).
Accepted by referendum of June 13, 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 s. 1, ch. 6, 4149).

Art. 64 challenge members of the authorities and officers of the cantonal administration must recuse themselves when are handled affairs affecting them.
The terms set by law.

Art. The term of 65 members of the cantonal authorities are elected for four years.
All the elected candidates are for a term or for the rest of this term.

Accepted by popular vote Sept. 27. 1998, in force since Sept. 27. 1998. guarantee of the SSA. fed. June 10, 1999 (FF 1999 4784 s. 1, ch. 6, 2299).

Art. 66 repealed by referendum of May 18, 2014, with effect from 1 June 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).

Art. 67 obligation to inform, open the cantonal and municipal authorities must inform the public adequately and timely.
Information about the objects submitted to a vote must allow the public to freely form an opinion.
The debates of the Grand Council and the courts are public. The law regulates the exceptions.
The members of the Grand Council and the State Council to make public the links they have with interest groups.

Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).

Art. 68 delegation of powers the Act may delegate skills to the Grand Council or the Council of State if the delegation is limited to a specific area and that the law shall determine the framework. The direct delegation of powers to other authorities is excluded.
The delegation of powers of the Grand Council to the Council of State is possible under the same conditions.
The State Council may delegate its powers to the departments and other bodies if the Grand Council authorized. He may delegate the powers of the departments without approval of the Grand Council.

Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).
Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).

Art. 69 legislative forms all core standards or important from the cantonal law must be enacted in the form of a law. It is especially true of the provisions which the Constitution expressly the legal form and those concerning: a. the foundations of the legal status of individuals; b. the object of public contributions, the principles of calculation and the circle of taxpayers, with the exception of the emoluments of lesser importance; c. the purpose, nature and the framework of the important cantonal services d. outline of the Organization and the tasks of the authorities; e. the institution of a new and lasting task.

Art. 70 responsibility Township and other communities public tasks are responsible for the damage that their bodies cause illicitly in the exercise of public power.
They also respond that their bodies cause lawfully when individuals suffer serious harm and damage that could reasonably be expected of them that they themselves bear the damage.
The law regulates the liability of the members of the authorities and employees of the canton and others communities public tasks.

Art. 70 status


The Grand Council is the legislative authority of the canton; he exercises supervision.

Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).

8.2 General Council art. 71 composition, election the Grand Council has 65 members.
Each commune has a seat at least.
The remaining seats are distributed among Commons proportionally the number of inhabitants.
The Grand Council is elected according to the majority system. The Commons are the constituencies; they can adopt the proportional system.
The terms set by law.

Art. 72 skills a. monitoring the Grand Council supervises the Government and the management of the courts.
II exercise supervision on the cantonal administration and institutions of public law.

Art. 73 b. Elections. the Grand Board shall: a. the president of the Grand Council and the other members of the Grand Council Office for one year; a. the President and the Vice President of the higher court; (b) the President, the vice-president and the other members of the cantonal court; b. the presidents and other members of the conciliation authorities; (c) on the proposal of the Council of State the State Chancellor; d. the Chief of Parliament; e. the financial control; (f) the supervisory body for data protection.

Other electoral jurisdictions can be attributed to the great Council by law.

Approved by referendum of June 13, 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 s. 1, ch. 6, 4149).
Approved by referendum of June 13, 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 s. 1, ch. 6, 4149).
Approved by referendum of June 13, 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 s. 1, ch. 6, 4149).
Approved by referendum of June 13, 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 s. 1, ch. 6, 4149).

Art. 74(c). Legislation the Grand Council approved the draft revision of the cantonal constitution for citizens. It may submit proposals subsidiary.
It enacts the laws subject to optional referendum and orders under the constitution and the law.

Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).
Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).

Art. 74Relations with outside the Grand Council participates in the definition of relations with the outside world.
It approves or denounces the Intercantonal and international conventions. The optional referendum is reserved.
He accompanies intercantonal or international collaboration projects.

Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).

Art. 75 d. planning the Grand Council debate of the business, financial and investment planning and other important planning of the Council of State.

Art. 76 e. financial skills the Grand Council shall adopt the budget and the amount of tax taking into account the financial plan.
Subject to contrary provisions, it stops: a. new unique spending about the same object that are included between 1 and 5 percent of a fiscal unity; b. new recurring expenses included between 0.5 and 1 percent of a fiscal unity.

Art. 77 f. other skills the Grand Council: a. shall exercise the rights of participation the Federal Constitution to the cantons; b. adopts in principle within its competence orders c. adjudicates the appeal for clemency; d. adjudicates conflicts of competencies between the higher of the canton authorities; e. Approves on behalf of the State.

If a member of the Council of State, clearly and durably, more able to perform its function, the Grand Council can see its failure by a majority of three-quarters of the members present.
The Grand Council can load the State Council to conduct a preliminary review of the business.
Other tasks may be entrusted to the Council by law.

RS 101 accepted by referendum of May 21, 2000, in force since 1 June 2000. Guarantee of the SSA. fed. March 20, 2001 (FF 2001 1291 art. 1, ch. 4, 2000 4851).
Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).

Art. 78Organisation a. principles the law regulates the principles of the Organization and the conduct of the Affairs of the Grand Council.
The Grand Council has a Service of Parliament.

Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).

Art. 79 b. Commissions the Grand Council may establish standing committees and entrusted to ad hoc commissions preliminary examination of some objects.
The Council of State and administration give commissions all the information they need for their activity.
The law may delegate some minor powers to committees, excluding the legislative powers.

Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).
Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).

Art. 80 c. Participation of the Council of State members of the Council participate in meetings of the General Council.
They have an advisory role and can make proposals.

Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).

Art. 81 d. immunity, ban instructed the members of the Grand Council and the State Council express themselves freely in front of boards and commissions; they may not be prosecuted in criminal or civil terms unless two-thirds of the members present give permission.
They vote and deliberate without instructions.

Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).
Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).

8.3 the Board of State art. 82 status the State Council is the ruling authority, Planner and executive superior of the canton.
He heads the cantonal administration and oversight over the Crown and Commons in accordance with the law.

Accepted by referendum of June 13, 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 s. 1, ch. 6, 4149).

Art. 83 number of seats, full-time, re-election to the Council of State has five members exercising their function on a full-time basis.
Its members may be re-elected three times.

The Grand Council shall fix the salary and rule the occupational counsellors of State.

Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).
Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).
Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).
Repealed by referendum of May 18, 2014, with effect from 1 June 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).

Art. 84Landamman the landamman presides over the Council of State.
II directs, plans and coordinates the work of the Council of State.
The election of the Canton takes place every two years. At the end of a full term, he must withdraw during a term.

Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).

Art. 85 repealed by referendum Sept. 27. with effect from Sept. 27, 1998. 1998. guarantee of the SSA. fed. June 10, 1999 (FF 1999 4784 s. 1, ch. 6, 2299).

Art. 86 skills a. planning and coordination the Council of State determines, subject skills of citizens and of the Grand Council, the objectives and the means of the State activity.
II. plan and coordinate State activities. It establishes, for the medium term, the business planning and calendar, and it is developing for the great Council a financial plan, an investment plan and other important plans.

Accepted by referendum on Sept. 28. 1997, in force since Sept. 28. 1997. guarantee of the SSA. fed. Dec 3. 1998 (FF 1999 232 s. 1, ch. 2, 1998 3441).

Art. 87 b. Legislation the Council of State is developing for the Grand Council legislative acts and orders.

II enacts Ordinances under the constitution and legislation.

In an emergency, it may issue by way of order provisions which are necessary for the introduction of the top right; These provisions should be introduced into ordinary law without delay.
It may issue provisions necessary for the performance of the top right, insofar as they are limited to the Organization and the tasks of the cantonal authorities.

Repealed by referendum of May 18, 2014, with effect from 1 June 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).
Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).

Art. 87 relations outside the State Council defines the collaboration with the Confederation, the other cantons and abroad and represents the township outside.
He concludes and denounces the Intercantonal and international conventions regarding objects within its ordinary competence.
He defends the interests of the canton with the Confederation.
It ensures respect for the rights of participation of the Grand Council.

Adopted by popular vote on May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).

Art. 88 c. financial skills the State Council stop the budget and State to the Grand Council.
He keeps: a. expenditures and changes of financial assets that are not limited; b. the new unique expenses up to 1 percent of a fiscal unity; c. the new periodic expenses up to 0.5 percent of a fiscal unity.

Art. 89 d. other skills all the skills that are not specifically assigned to another organ are the responsibility of the Council of State.
II is responsible in particular: a. to answer the order and security public; b... .c. to write the review when the Federal consultation procedures; (d) to decide, in an emergency, to file or to support a referendum of the cantons; e. executing legislation and judgments entered in force; f. to assign the right to cantonal city; g. to appoint the members of the cantonal administration insofar as no other body is competent in this field; h. to develop an annual management report to the Grand Council.

The law may assign other skills to the Council of State.

Repealed by referendum of May 18, 2014, with effect from 1 June 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).
Approved by referendum of May 18, 2014, in force since June 1, 2015. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 s. 1, ch. 6, 2014 8899).

Art. 90 e. extraordinary Situations State Council takes measures, even without a specific legal basis, to address actual or impending enforcement and public safety problems or situations of social crisis.
II shall immediately submit the orders of need to the Grand Council for approval; These are deciduous at the latest one year after their entry into force.

Art. 91 collegiality the State Council makes decisions according to the principle of collegiality.

Art. 92 commissions of the standing committees or ad hoc commissions responsible for the preliminary examination of certain objects may be instituted by a law or an order or an order of the Council of State.

Art. 93 cantonal administration performs its tasks in accordance with the principles of legality, efficiency and profitability.
The law regulates the broad outlines of the Organization of the administration and the administrative procedure.
The State Chancellery is the body of staff, coordination and liaison of the Grand Council and the Council of State; It is headed by the State Chancellor.

8.4 the courts art. 94 judicial bodies the judicial power is exercised by: a. conciliation authorities, civil; b... .c. the cantonal court, responsible for the civil and criminal jurisdiction in the first instance; d. the Tribunal Superior, responsible for civil, criminal and administrative jurisdiction as a single instance or instance of appeal; e....

The law regulates the Organization, the procedure and skills.
The Grand Council shall fix the salary and regulates pension and allowances of the members of courts.

Approved by referendum of June 13, 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 s. 1, ch. 6, 4149).
Repealed by referendum of June 13, 2010, with effect from Jan 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 s. 1, ch. 6, 4149).
Approved by referendum of June 13, 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 s. 1, ch. 6, 4149).
Approved by referendum of June 13, 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 s. 1, ch. 6, 4149).
Repealed by referendum of June 13, 2010, with effect from Jan 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 s. 1, ch. 6, 4149).
Accepted by referendum of June 13, 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 s. 1, ch. 6, 4149).

Art. 95 obligation to motivate judgments judgments must be motivated in writing.
The law regulates the exceptions.

9. plan of finance art. 96 general principles the canton and the communes, their finances of economical, efficient, and cost-effective way in the medium term.
They shall establish a comprehensive financial and investment planning.
New tasks can be initiated only if their funding is settled.
Independent oversight bodies of the administration to consider whether the finances are managed in accordance with the legal provisions.
The law regulates the terms and conditions.

Art. 97 financial resources the canton draws its resources: a. the collection of taxes and other public contributions; b. performance of his fortune c. benefits of Confederation and third; d. the conclusion of loans and borrowings.

Art. 98 taxes and other public contributions, the canton and the communes needed income and wealth of individuals as well as the profit and capital of legal persons.
The law may provide other cantonal or communal public contributions.
The tax system is based on the principle of equal rights and takes into account the economic ability of taxpayers.

Art. 99 expenses any expenses presupposes a legal basis, a credit and a decision to financially competent body.

10. common art. 100 municipal Commons the municipal commune is the only type of municipality in the canton.
The municipal commune is a community of public law with legal personality.
It fills all the local tasks which are not to the Confederation or canton and it is not appropriate to leave to individuals.

Art. 101 independence municipal self-government is guaranteed. Cantonal law and federal law determines its scope.
The cantonal bodies give the most common independence as possible.

Art. 102 organization under the constitution and the law, municipalities set their organization in a municipal regulation.
The municipal regulations must be approved by the people; It is subject to the sanction of the Council of State.
Municipalities can establish a municipal Parliament.

Art. 103 relationships of Commons among themselves and with the canton in the performance of their duties, municipalities work together, with the canton and, if necessary, with communities of other cantons.
With the approval of the State Council, they can create unions of Commons and participate in other organizations.
The Council of State can compel two or several communes to collaborate when a task cannot be accomplished otherwise.

Art. 104 financial adjustment financial equalisation is intended to balance the tax burden of the Commons.

Art. 105 right to vote the right to vote belongs to anyone who has the right to vote in cantonal matters.
Municipalities can also grant the right to vote to foreigners who are domiciled in Switzerland for ten years, including five years in the canton, and make the request.

Art. 106 right of initiative the initiative may request the adoption, amendment or repeal of regulations and orders that are subject to the obligatory referendum or the optional referendum.
The initiative can be designed in general terms or written from scratch.
When an initiative is the adoption or modification of plans or prescriptions submitted to an opposition procedure, only the project conceived in general terms is allowed.
Moreover, the art 51, al 1, 52, 54 and 55 shall apply by analogy.

Art. 107 municipal law rule in particular outline of the communal organization, oversight on Commons and finance.

11 communities and institutions under public law art. 108. insofar as the law, public tasks can be accomplished by communities and institutions under public law.

12 State and Church 12.1 religious communities in public law art. 109. principle; autonomy the Evangelical Reformed Church and the Roman Catholic Church are autonomous public law communities.

Religious communities freely regulate their internal affairs. They are empowered to collect taxes from their members.
The orders and decisions of the ecclesiastical authorities cannot be subject of appeal to State bodies.

Art. 110. membership membership in a church is governed by the statutes thereof. Is right out of a church in a written statement.

12.2 other religious art. 111. other religious communities are governed by the civil law. The Grand Council can recognize them as communities in public law if their statutes do not contravene the federal and cantonal law.

13 revision of the constitution art. 112 principle constitution may at any time be the subject of a total or partial revision.
The constitutional revisions take place according to the procedure applicable to the laws.

Art. 113 partial review the partial revision to change a provision or several provisions intrinsically related.

Art. 114 review total the Grand Council shall consider every twenty years, from the entry into force of this constitution, whether to undertake a complete revision.
The decision to undertake a complete revision must be submitted to the citizens. They also decide if the revision should be undertaken by the Council or by a constituent Assembly.

Accepted by referendum on Sept. 28. 1997, in force since Sept. 28. 1997. guarantee of the SSA. fed. Dec 3. 1998 (FF 1999 232 s. 1, ch. 2, 1998 3441).

14. final provisions and transitional art. 115 common bourgeois a civic is deemed dissolved of right if, within five years following the entry into force of this constitution, it is not transformed by decision of its members in public law corporation.
At the dissolution of the civic, the municipal commune him subrogated to his rights and obligations.

Art. 116 buildings Church when the church buildings belong to the municipal commune, joint use rights need to be addressed and on the use and the maintenance agreement in the five years following the entry into force of this constitution.

Art. 117 repealed in popular vote Sept. 27. with effect from Sept. 27, 1998. 1998. guarantee of the SSA. fed. June 10, 1999 (FF 1999 4784 s. 1, ch. 6, 2299).

Art. 117 accepted by the Landsgemeinde on April 27, 1997. Guarantee of the SSA. fed. Dec 3. 1998 (FF 1999 232 art. 1 ch. 2, 1998 3441). Repealed by referendum Sept. 27. with effect from Sept. 27, 1998. 1998. guarantee of the SSA. fed. June 10, 1999 (FF 1999 4784 s. 1, ch. 6, 2299).

Art. 117periode function incompatibilities arising from this partial revision of the constitution are eliminated until the end of the current service period.
At the time of the entry into force of this partial revision, the members of the Tribunal elected for the period of current function become members of the High Court, until the end of the period.
Mediators elected by the citizens of Commons deal by the end of the period of current function mediation requests that arrive until December 31, 2010.

Accepted by referendum of June 13, 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 s. 1, ch. 6, 4149).

Art. 118 entry into force; repeal after the granting of the federal guarantee, this constitution comes into force on May 1, 1996.
The constitution of the canton of Appenzell Ausserrhoden from April 26, 1908 is repealed simultaneously.

Index of contents numbers refer to the articles and articles of the constitution Acquisition divisions and the loss of city v. freedom of the city legislative rights, control Administration 61, cantonal 93 adults, training 38 Agriculture and forestry 44 planning 31 belonging to a church 110 water supply and energy 33 arbitrary, prohibition of arbitrary 8 orders of principle - citizens-60 Grand Council 77 constituent Assembly 114 Legal Assistance insurance of the buildings and Lands 46 20
Insurance of crops 46 autonomy - Commons-101 of the religious authorities 61 109-95 Kantonalbank 45 good faith 8 Budget 76 goals social 25 Canton - administration 93-cantonal bank 2-principles-1 canton 2-cantonal court 94, v. also courts censorship, ban control 12 Chancellor of State - direction of the Chancery of State 93 - election 73 Chancery of State 93 citizens - skills-60 delegation of powers 68 - v. also freedom of the city , Voting, Elections Collaboration - with Confederation and the other cantons 1-of the Commons with the canton-103 of Commons between them - 103 regional 27 communities in public law 108, 100 - 109-111 collegiality 91 Commissions religious communities - of the Grand Council 79 - the State Council 92 common, life in common - 10 religious communities 109-111 municipal Commune 100 protection - as successor of the civic Commons 2 115 100-107 - communal autonomy - 101 common bourgeois - 115 city - 3 voting - 105 right of initiative 106 - law communal 107-organization 102-Parliament municipal financial equalization 104 - 102-relations communities among themselves and with the canton-103 unions 103-100 Commons types bourgeois 115 skills, conflict 77-citizens 60, 60 - municipal town Council of State 82-100-93 - Grand Council 72-77 - courts skills 94 financial v. also finance-Council of State 88 - Grand Council 76 , 77 legislative - citizens 51, 60 - Council of State 87 - Grand Council 74 account of State 77 Confederation-commissions cooperation 1 conflicts of competencies 77 Council of States - election 60 State Council - together with the Grand Council 80 - collegiality 91 - 92-skills 86 - 90 - term of office election 60-Canton - 84-65 age limit - 66 seats, main activity status legal - in the event of deprivation of liberty Constitution 21 - 80-83 federal guarantee - 118 review v. Review Construction 31 Consultations 57 Contributions v. Tax audit 96-election agreements intercantonal and international skills 60 73, 74, 87 belief and conscience, freedom Culture 49 waste 35 Delegation of powers 68 expenses, v. 7 also financial skills - conditions-99 spending related 88 Detention, guarantees 21 duties from 26 dignity 4 Discrimination, ban 5 official records, 12 public consultation, demonstrations 17 damages v. responsibility data , protection 15-supervisory body, election 73 right of professional association and trade union grouping 19 right of citizenship - General 3-competence right to be heard 20 voting 89 - to Commons-105 in general - 50 foreigners 105 human rights 4-23 - scope of application 22-restriction 23 political rights 50-60 social rights 24 term 65 water - supply protection 29-33, 33 school 36-38 economy-economic freedom 19-economic order 43-47 buildings clergymen 116 Education 36-38 equality of right 5 equal between men and women 6 Church 109-111 Elections - Chancellor of State 73 - Council of States - 60 Council of State 60 - financial control-73 Grand Council 71 - mediator-94 control body for the protection of data - 73 president of the Grand Council and the other members of the Bureau, 73-attorney general-73 Service of Parliament - 73 the Tribunal cantonal 73-73-60 Superior Court juvenile court , 73 eligibility 62 jobs 40 energy 34 children, 24, 41 entry into force 118 environment protection, protection 29 Essence of fundamental rights 23 institutions, monitoring 39 institutions under public law 108 State and Church 109-111 foreigners - scope of fundamental rights - 22 vote 105 Expropriation 18 family 10, 41 money, 96-99 forests, maintaining 44 36 training finance plan-38 guarantees – in the event of deprivation of liberty 21 - guarantees of procedure 20-18 with 77 Grand Council property. commissions-79 skills 72 - 77 - composition / election 71, 73 - term of office 65-immunity-81 organization 78-participation of the Council of State 80 disabled 42 high schools, 38 hospitals and public and private health 48 institutions immunity 81 taxes and contributions 97, 98, 69 - 109 incompatibility 63, 83 Information, freedom 12 religious communities Information, duty to inform, publicity 67 popular Initiative 51-55-Commons-106 counter-proposal; double Yes 54 - shape 52-initiative of single type 53 - object, number of signatures-51 procedure 55 - procedure, unit of matter 55 Innocence, presumption age limit 20 Intervention popular 56 37 young 41 judges kindergartens - terms of office-65 judges independent, unbiased, and established by law 20 - 66 Justice, guaranteed 20/21 Landamman - function at the Council of State 84 Legislation - forms 69 - s. also skills legislative freedom of association and meeting 17 freedom of art 14 freedom of science and the right to teach 13 freedom of establishment 11 freedom of opinion and information economic freedom, personal freedom 9 age limit 19 12 66 law - legal form provided 69 leisure 49 majority, majority system 71 events 17 marriage - protection 10 Ombudsman 94

Measures of incentive type (environmental protection) 29 miners-scope of rights 22 Motivation of judgments, 95 Nature obligation, protection orders need 90 29 order and security 17, 28, 89, 90 Participation, rights 56/57, 77 heritage, protection 30 landscape, protection 30 financial equalization 104 person, personal freedom 9 41 42 Petition disabled elderly, right 16 planning - planning-31 Council of State 82 86. in financial and investment-96 Grand Council 75 planning global financial 96, 86, 75, 76 personal benefits 26 principle of polluter-pays 29 deprivation of liberty 21 attorney general - election 73 Profession, free choice of the medical and paramedical Professions Economic Promotion 43 48 19 proportional, proportional system 71 property, guaranteed 18 Protection of the environment and nature 29 Public / - as - order and safety 17 , 28, 89, 90-task 27-49 open - the Grand Council and Court search 13 recusal 64 Referendum 67 - optional 60 - compulsory Referendum of the cantons 60 77, 89 enjoy 47 responsibility 70 retroactivity, ban 8 constitutional review 112-114 - principle 112-partial revision 113-114 health 48 Science complete revision - freedom 13-49 17 public safety support, 28, 89 , 90 separation of powers 61 Service of Parliament 78 - election 73 distress 24, 39 28 - competence of the Council of State 90 Social extraordinary Situations (purposes, assistance, business) 24-26, 39-42 subsidiarity 27, 100 monitoring by the Grand Council 72 forestry 44 unions 103 public tasks 27-49 Torture, sentences and inhuman or degrading treatment, prohibition 9 transport 32 cantonal court 94 higher court - 60 election , age limit 73 66-organization and skills 94 courts-term of office-65 age limit 66-motivation of decisions 95-organisation, procedure, skills 94 universities 38 emergency legislation 87 victims of offences, assistance 24 private life and home, respect 9 legal remedies indicated and reasoned decision 20 Vote v. voting rights, Elections accepted by the Landsgemeinde of Apr 30. 1995, in force since May 1, 1996. Guarantee of the SSA. fed. Sept. 16. 1996 (FF 1996 IV 884, I 965).

The text in the original language is published under the same number, in the German edition of this compendium.
This publication is based on the Federal guarantees published in the FT. It can thereby delay temporarily the cantonal publication. The date of the State is the last AF published in the FT.
Accepted by referendum on Sept. 28. 1997, in force since Sept. 28. 1997. guarantee of the SSA. fed. Dec 3. 1998 (FF 1999 232 s. 1, ch. 2, 1998 3441).

State March 11, 2015

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