Key Benefits:
Translation 1
30 April 1995 (State on 11 March 2015) 2
We, the women and men of Appenzell Outer Rhodes, want to respect in faith the creation in its diversity.
We want, across borders, to contribute to the development of a community living in freedom, peace and justice.
Conscious of the indissoluble link between the good of the community and the good of the individual, we give the following constitution:
1 The canton of Appenzell Outer Rhodes is a state of liberal, democratic and social law.
2 As a sovereign canton, it is an integral part of the Swiss Confederation and cooperates with the Confederation, the other cantons and the neighbouring countries.
3 It is actively involved in the decision-making process at the federal level.
The canton of Appenzell Outer Rhodes consists of the municipalities of Urnäsch, Herisau, Schwellbrunn, Hundwil, Stein, Schönengrund, Waldstatt, Teufen, Bühler, Gais, Speicher, Trogen, Rehetobel, Wald, Grub, Heiden, Wolfhalden, Lutzenberg, Walzenhausen and Reute.
Human dignity must be respected and protected.
1 All men are equal before the law.
2 No one shall be discriminated against, in particular by reason of his sex, age, race, colour, language, origin, political, religious or philosophical convictions, lifestyle or physical abilities Or psychic.
1 Men and women are equal in law.
2 They are entitled to the same training, equal pay for work of equal value and equal access to the public service.
3 The canton and the municipalities encourage the achievement of de facto equality.
4 They are working to ensure that public tasks are carried out by both women and men.
1 The freedom of conscience and belief and its exercise are guaranteed.
2 No one shall be compelled to perform a religious act or to profess convictions.
1 Protection against arbitrary action by public authorities and the protection of good faith are guaranteed.
2 Retroactive legislative acts are prohibited.
1 Personal freedom is guaranteed.
2 Torture and inhuman or degrading treatment or punishment are prohibited.
3 Everyone has the right to respect for his or her private life, domicile, correspondence and relations with telecommunications.
1 The right to marriage and family life is protected.
2 The freedom to choose another form of common life is guaranteed.
Freedom of establishment is guaranteed.
1 Any person can freely form his or her opinion, express it without constraint and disseminate it by speech, writing and image or in any other way.
2 The public authorities cannot exercise any control over the expression of opinions in order to influence its content.
3 Any person who provides evidence of a legitimate interest has the right, within the limits of the law, to consult the official documents, provided that there is no overriding public or private interest.
1 Freedom of research and doctrine and the right to teach are guaranteed.
2 Every person who carries out a scientific activity has the duty to assume his responsibilities in the face of human, animal and plant life and the natural elements which are necessary for it.
The freedom of artistic expression is guaranteed.
1 Everyone has the right to have his personal data protected.
2 Any person may obtain information on the data concerning him or her and may require rectification of those that are inaccurate.
1 Everyone has the right to petition the authorities and to collect signatures to that effect. It must not prejudice this fact.
2 The authorities have an obligation to examine petitions on the merits and to respond as quickly as possible.
1 Freedom of association and freedom of assembly are guaranteed.
2 The law or a municipal by-law may subject to authorization the public domain events. Demonstrations are permitted if an orderly conduct appears to be assured and the interference with the interests of third parties appears to be sustainable.
1 The property is guaranteed.
2 Full compensation shall be granted in the event of expropriation or restriction of the property equivalent to an expropriation.
Free choice of profession and free economic activity as well as professional association and trade union rights are guaranteed.
1 Everyone has the right to be heard by independent, impartial and established judges.
2 Persons without the necessary resources are entitled to free legal assistance.
3 Any person is presumed innocent until the person has been convicted by a judgment entered into force. The doubt benefits the accused.
4 The parties shall have in any proceeding the right to be heard and to obtain within a reasonable time a reasoned decision; the remedies shall be indicated to them.
1 No one shall be deprived of his liberty except in the cases and in the manner prescribed by law.
2 All persons deprived of their liberty shall be informed in a language that they understand the reasons for that measure and their rights. She has the right to have her close relatives informed.
3 Any person detained and suspected of an offence must be brought before a judicial authority as soon as possible.
4 Any person deprived of liberty has the right to be assisted by a legal counsel and to have the lawfulness of the deprivation of liberty checked by a court in a simple and expeditious manner.
5 If the deprivation of liberty is unjustified, the person who has been the victim of the deprivation of liberty shall be compensated for the damage suffered and possibly the moral damage.
6 Free communication with the legal counsel can be limited only if there is a risk of abuse and only to the extent permitted by law.
1 Fundamental rights must be achieved throughout the legal system.
2 Foreigners also enjoy fundamental rights unless otherwise available under federal law.
3 Minors capable of discernment can assert their own fundamental rights in relation to their personality.
1 Anyone who uses his or her fundamental rights must respect those of others.
2 A fundamental right may be restricted only if:
3 A fundamental right may be temporarily restricted without a legal basis in the event of a serious, imminent and manifest danger.
4 There can be no harm to the essence of fundamental rights.
1 Any person in need who cannot escape from the discomfort by his or her own means is entitled to a logis, essential medical care and the means necessary to carry out an existence in conformity with the requirements of human dignity.
2 Every child has the right to be protected and assisted. He is entitled, during the compulsory education period, to a free basic education which corresponds to his or her abilities.
3 Victims of serious offences are entitled to help in overcoming their difficulties.
The canton and the municipalities, in addition to private initiative and personal responsibility, set out the following goals within the framework of the available means:
1 Everyone is responsible for themselves and bears their share of responsibility for the community and for future generations, particularly with respect to the conservation of the natural elements necessary for life.
2 In order to carry out tasks of general interest, the law may require the public to receive personal benefits. The in-kind benefit may be replaced by an exemption fee.
1 Public tasks must be carried out in such a way that the natural elements necessary for life are preserved and preserved; they must meet the needs and contribute to the prosperity of all.
2 It is appropriate to constantly review existing and new tasks in order to determine whether they are necessary, whether they can be financed and whether they can be carried out in a cost-effective and appropriate manner.
3 The canton carries out only tasks which cannot be carried out in such a satisfactory manner by the municipalities or individuals. It encourages private initiative and personal responsibility as well as regional cooperation.
1 The canton ensures public order and security.
2 It takes the necessary measures to deal with extraordinary situations.
1 The natural environment must be preserved for present and future generations and, to the extent possible, remediated when it has been altered. State and private activities should harm it as little as possible.
2 The canton and the communes protect the flora and fauna in their diversity as well as their biotopes.
3 The natural elements necessary for life can only be used to the extent that their durability remains guaranteed.
4 The canton and the municipalities may introduce incentive measures in order to preserve the natural elements necessary for life and to reduce the production of waste and pollutants.
5 They encourage personal responsibility and can support organizations that work to maintain the natural elements necessary for life.
6 The costs of environmental protection measures are generally borne by those who have made them necessary.
7 The emission of pollutants and other nuisances must be tackled at source, suppressed or at least reduced.
1 The canton and the municipalities take measures to safeguard and conserve landscapes and sites worthy of protection, as well as cultural property and natural monuments.
2 They work with private organizations and can participate in the financing of their activities.
1 The canton and the communes ensure a rational occupation of the territory, appropriate and measured use of the soil and the protection of the landscape.
2 The environment must be respected when building buildings and facilities of all kinds.
1 The canton and the municipalities ensure that transport respects the environment, that they are safe and that all users are served.
2 They encourage the transfer of individual modes to collective modes of transport to the extent that an important public interest justifies it.
1 The township and municipalities provide water supply and encourage water-efficient use.
2 They are working to minimize damage to water quality and ensure that wastewater is treated with respect to the environment.
1 The canton and the municipalities encourage a secure and environmentally friendly energy supply as well as an efficient and rational use of energy.
2 In particular, they encourage the use of renewable energy.
1 The canton and the municipalities are taking measures to reduce waste generation and encourage recycling.
2 They shall ensure that waste is disposed of in an appropriate manner.
1 Education and training are aimed at developing personal responsibility, the desire to promote social justice and accountability to the surrounding world.
2 The school supports parents in their educational tasks; with them, it gives the child a training corresponding to his/her abilities and possibilities.
1 The township and the communes create kindergartens and schools.
2 They can allocate subsidies to private schools.
3 Everyone is free to attend public schools or, at their own expense, a recognized private school.
1 The canton and the municipalities encourage training and development, as well as adult education.
2 The canton promotes access to universities, high schools and vocational schools.
3 It encourages collaboration in the field of schools and training.
1 The canton and the municipalities support the people in need in collaboration with other organisations.
2 They shall endeavour to prevent situations of social distress and encourage personal measures of foresight.
3 They can supplement the social benefits of Confederation.
4 The canton supervises the host institutions.
1 The canton and the municipalities coordinate and support the placement of job-seekers, retraining and reintegration of the unemployed.
2 In the event of conflicts between the social partners, the canton offers its assistance.
1 The canton and the communes support families and other communities raising children in their tasks; they can encourage the creation of an appropriate environment for the supervision of children.
2 They are concerned about the problems and needs of young people and the elderly, and work with other organizations.
The canton and the municipalities shall encourage, in cooperation with private organisations, the training and the professional and social integration of persons with disabilities.
1 The canton and the communes create conditions conducive to diversified and balanced economic development; they strive to maintain existing jobs and create new ones.
2 They can support economic advocacy organizations.
3 They shall, within their scope, ensure that economic crises and their consequences are mitigated.
1 The canton is taking measures to promote productive agriculture and forestry adapted to topographical conditions.
2 In particular, it supports family businesses, nature-based management and a wide range of basic agricultural training.
3 It ensures the maintenance of forests in their protective, economic and social functions.
The canton can take a stake in a bank in order to cover the cash and credit needs of the population and the economy of the canton; it can itself set up a bank for this purpose.
1 The canton may establish an agency that provides buildings, land and crops for damage or take part in such an institution.
2 Buildings and land must be insured.
1 The following regal rights give the canton an exclusive right of economic exploitation:
2 It may exercise these rights of exploitation itself or grant them to municipalities or individuals.
3 Existing private rights are reserved.
1 The canton and the communes create the necessary conditions for the medical and paramedical assistance of the population to be sufficient and at a reasonable cost.
2 The canton encourages the collaboration of private and public institutions, in the canton and in the region.
3 The canton and the municipalities encourage personal responsibility; they support prevention and health education and combat the dangers of dependence.
4 The canton and the communes encourage medical care and health care at home.
5 The canton supervises public and private health institutions, the medical and paramedical professions and the pharmaceutical sector.
6 Free therapeutic activity is guaranteed.
All Swiss residents who are domiciled in the canton and are 18 years old have the right to vote in cantonal matters.
1 The popular initiative may ask:
2 The popular initiative must have been signed by 300 citizens.
The popular initiative can be conceived in general terms or, unless it calls for the complete revision of the constitution, to take the form of a draft of all documents.
To the extent that the initiative does not require a complete revision or specifically concerns a partial revision of the constitution, the Grand Council decides whether the draft should be prepared at the constitutional or legislative level.
1 The Grand Council can put a counter-project against initiatives.
2 Citizens can validly approve both the initiative and the counterproject and decide which of the two projects should take precedence in case one and the other are accepted.
1 The Council of State decides on the outcome of the initiatives and the Grand Council on their validity.
2 An initiative is wholly or partly invalidated if:
3 Initiatives are reviewed without delay.
Any resident of the canton may submit written proposals to the Grand Council concerning matters which are subject to the compulsory or optional referendum and shall state them in person before the Council, in accordance with the Rules of Procedure.
1 Accepted in popular vote of 21 May 2000, in force since 1 Er June 2000. Ass Warranty. Fed. 20 March 2001 ( FF 2001 1291 Art. 1, c. 4, 2000 4851).
Repealed
1 The citizens are pronounced on:
2 Citizens elect:
1 Accepted in popular vote of 21 May 2000, in force since 1 Er June 2000. Ass Warranty. Fed. 20 March 2001 ( FF 2001 1291 Art. 1, c. 4, 2000 4851).
2 Repealed in popular vote of 21 May 2000, with effect from 1 Er June 2000. Ass Warranty. Fed. 20 March 2001 ( FF 2001 1291 Art. 1, c. 4, 2000 4851).
3 Repealed in popular vote of 21 May 2000, with effect from 1 Er June 2000. Ass Warranty. Fed. 20 March 2001 ( FF 2001 1291 Art. 1, c. 4, 2000 4851).
4 Accepted in popular vote of 21 May 2000, in force since 1 Er June 2000. Ass Warranty. Fed. 20 March 2001 ( FF 2001 1291 Art. 1, c. 4, 2000 4851).
5 Accepted in popular vote of 21 May 2000, in force since 1 Er June 2000. Ass Warranty. Fed. 20 March 2001 ( FF 2001 1291 Art. 1, c. 4, 2000 4851).
6 Accepted in popular vote of 13 June 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1, c. 6, 4149).
When at least 300 persons who have the right to vote so require within 60 days of the official publication, citizens shall vote on:
1 Accepted in popular vote of 21 May 2000, in force since 1 Er June 2000. Ass Warranty. Fed. 20 March 2001 ( FF 2001 1291 Art. 1, c. 4, 2000 4851).
1 The Grand Council, the Council of State and the courts are organised according to the principle of the separation of powers.
2 The authorities work together and coordinate their activities.
1 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
1 Every person who carries out a public task must comply with the Constitution and the law. It must act in the public interest, in accordance with the principles of good faith, the prohibition of arbitrariness and proportionality.
2 The Council of State and the courts do not apply cantonal normative acts which violate higher law.
1 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
The citizens of the canton are eligible for the cantonal authorities. The law regulates exceptions.
1 No one may simultaneously be a member of the following authorities:
2 Parents and children, brothers and sisters, spouses and persons connected by a registered or common-law partnership cannot be a member of the same authority simultaneously, with the exception of the Grand Council. 5
1 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
2 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
3 Accepted in popular vote of 13 June 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1, c. 6, 4149).
4 Accepted in popular vote of 13 June 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1, c. 6, 4149).
5 Accepted in popular vote of 13 June 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1, c. 6, 4149).
1 The members of the authorities and the agents of the cantonal administration must recuse themselves when dealing with cases which concern them.
2 The law sets out the modalities.
1 The members of the cantonal authorities are elected for four years. 1
2 All elected candidates shall be elected for the duration of a term of office or for the remainder of that term.
1 Accepted in popular vote of 27. 1998, effective since 27 September. 1998. Ass Warranty. Fed. 10 June 1999 ( FF 1999 4784 Art. 1, c. 6, 2299).
1 Repealed popular vote of 18 May 2014, with effect from 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
1 The cantonal and local authorities must inform the population on time and on a sufficient basis.
2 Information on the subject matter to be voted on must allow the public to form an opinion freely.
3 The debates of the Grand Council and the courts are public. The law regulates exceptions.
4 The members of the Grand Council and the Council of State make public the links they have with interest groups. 1
1 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
1 The law may delegate powers to the Grand Council or the Council of State if the delegation is limited to a specific area and the law determines the framework. The delegation of direct powers to other authorities is excluded. 1
2 The delegation of powers of the Grand Council to the Council of State is possible under the same conditions.
3 The Council of State may delegate its powers to departments and other bodies if authorised by the Council. It may delegate the powers of the departments without the authorisation of the Grand Council. 2
1 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
2 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
All fundamental or important norms of cantonal law must be enacted in the form of a law. In particular, the provisions of the Constitution expressly provide for the legal form and those relating to:
1 The canton and other public task authorities are responding to the damage caused by their organs in the exercise of public authority.
2 They also respond to the damage that their organs cause in a lawful manner when individuals are seriously injured and cannot reasonably be expected to bear the damage themselves.
3 The law regulates the responsibility of the members of the authorities and employees to the canton and other public task authorities.
The Grand Council is the legislative authority of the canton; it exercises high surveillance.
1 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
1 The Grand Council has 65 members.
2 Each municipality has at least one seat.
3 The remaining seats are divided among the communes in proportion to the number of inhabitants.
4 The Grand Council is elected according to the majority system. The communes are the electoral districts; they can adopt the proportional system.
5 The law sets out the modalities.
1 The Grand Council oversees the government and the management of the courts.
2 II exercises high supervision over cantonal administration and public law institutions.
1 The Grand Council elects:
2 Other electoral powers may be conferred on the Grand Council by law.
1 Accepted in popular vote of 13 June 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1, c. 6, 4149).
2 Accepted in popular vote of 13 June 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1, c. 6, 4149).
3 Accepted in popular vote of 13 June 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1, c. 6, 4149).
4 Accepted in popular vote of 13 June 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1, c. 6, 4149).
1 The Grand Council approved the draft revision of the cantonal constitution for the benefit of citizens. It may submit subsidiary proposals to them.
2 It lays down the laws subject to the optional referendum and the orders within the framework of the constitution and the law. 2
1 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
2 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
1 The Grand Council is involved in defining relations with the outside world.
2 It approves or denounces the intercantonal and international conventions. The optional referendum is reserved.
3 It accompanies inter-cantonal or international collaborative projects.
1 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
The Grand Council discusses business, finance and investment planning and other important planning of the Council of State.
1 The Grand Council adopts the budget and the tax rate, taking into account the financial plan.
2 Subject to the contrary legal provisions, it shall adopt:
1 The Grand Council:
1bis If a member of the Council of State is, manifestly and durably, more capable of exercising his office, the Grand Council can see its incapacity by a majority of three-quarters of the members present. 3
2 The Council of State may be instructed by the Grand Council to carry out a preliminary examination of cases.
3 Other tasks may be entrusted to the Grand Council by law.
1 RS 101
2 Accepted in popular vote of 21 May 2000, in force since 1 Er June 2000. Ass Warranty. Fed. 20 March 2001 ( FF 2001 1291 Art. 1, c. 4, 2000 4851).
3 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
1 The law regulates the principles of the organisation and conduct of the affairs of the Grand Council.
2 The Grand Council has a Parliamentary Service.
1 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
1 The Grand Council may establish standing committees and entrust to ad hoc committees the preliminary examination of certain objects.
2 The Council of State and the Administration give the committees all the information they need for their work.
3 The law may delegate certain minor powers to the committees, excluding legislative powers. 2
1 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
2 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
1 The members of the Council of State shall take part in meetings of the Grand Council.
2 They have a consultative voice and can make proposals.
1 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
1 The members of the Grand Council and the Council of State shall freely express themselves before the Councils and the committees; they shall be subject to criminal or civil proceedings only if two-thirds of the members present give the authorisation.
2 They vote and deliberate without instructions. 2
1 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
2 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
1 The Council of State is the executive, planning and executive authority of the canton.
2 He directs the cantonal administration and exercises supervision over the public prosecutor and the communes in accordance with the law. 1
1 Accepted in popular vote of 13 June 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1, c. 6, 4149).
1 There are five full-time members of the Council of State. 2
1bis Its members can be re-elected three times. 3
3 The Grand Council fixes the treatment and rules the professional foresight of the State Councillors.
1 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
2 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. March 11, 2015 (FF 2015 2811 art. 1, c. 6, 2014 8899).
3 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
4 Repealed popular vote of 18 May 2014, with effect from 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
1 The Landamman President of the Council of State.
2 He directs, plans and coordinates the work of the Council of State.
3 The election of Landamman Is held every two years. At the end of a full term of office, he or she must withdraw during a term of office. 1
1 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
1 Repealed popular vote of 27. 1998, with effect from 27 seven. 1998. Ass Warranty. Fed. 10 June 1999 ( FF 1999 4784 Art. 1, c. 6, 2299).
1 The Council of State shall determine, subject to the powers of the citizens and the Grand Council, the objectives and means of State activity. 1
2 Plans and coordinates state activities. It establishes, for the medium term, business planning and the calendar, and develops a financial plan, an investment plan and other important plans for the Grand Council.
1 Accepted in popular vote of 28. 1997, effective since 28 September. 1997. Ass Warranty. Fed. Of Dec 3. 1998 ( FF 1999 232 Art. 1, c. 2, 1998 3441).
1 The Council of State shall draw up legislative acts and orders for the Grand Council.
3 Orders are made under the Constitution and the legislation.
4 In the event of an emergency, it may make by way of order the provisions which are necessary for the introduction of the higher law; these provisions must be introduced in the ordinary law without delay.
5 It may enact the provisions necessary for the performance of the higher law, in so far as they are limited to the organisation and tasks of the cantonal authorities. 2
1 Repealed popular vote of 18 May 2014, with effect from 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
2 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
1 The Council of State defines the co-operation with the Confederation, the other cantons and the foreigner and represents the canton outside.
2 It concludes and denounces the intercantonal and international conventions concerning objects falling within its ordinary competence.
3 He defended the interests of the canton with the Confederacy.
4 It shall ensure that the participation rights of the Grand Council are respected.
1 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
1 The Council of State shall adopt the budget and the State account for the Grand Council.
2 II stops:
1 All jurisdictions that are not specifically assigned to another body are the responsibility of the Council of State.
2 He is responsible in particular for:
3 The legislation may give other powers to the Council of State.
1 Repealed in popular vote of 18 May 2014, with effect from 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
2 Accepted in popular vote of 18 May 2014, in force since 1 Er June 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1, c. 6, 2014 8899).
1 The Council of State takes measures, even without an express legal basis, to deal with effective or imminent disturbances of public order and security or to situations of social crisis.
2 It shall immediately submit the necessity orders to the Grand Council for approval; they shall lapse no later than one year after their entry into force.
The Council of State takes its decisions in accordance with the principle of collegiality.
Standing committees or ad hoc committees responsible for the preliminary examination of certain objects may be established by law or order or by an order of the Council of State.
1 The administration carries out its tasks in accordance with the principles of legality, efficiency and cost-effectiveness.
2 The law regulates the organisation of the administration and the administrative procedure.
3 The State Chancellery is the staff, coordination and liaison body of the Council of State and the Grand Council; it is headed by the Chancellor of State.
1 The judiciary is exercised by:
2 The law regulates the organisation, procedure and competences.
3 The Grand Council fixes the salary and rules of professional foresight and the allowances of the members of the courts. 6
1 Accepted in popular vote of 13 June 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1, c. 6, 4149).
2 Repealed in popular vote of 13 June 2010, with effect from 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1, c. 6, 4149).
3 Accepted in popular vote of 13 June 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1, c. 6, 4149).
4 Accepted in popular vote of 13 June 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1, c. 6, 4149).
5 Repealed in popular vote of 13 June 2010, with effect from 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1, c. 6, 4149).
6 Accepted in popular vote of 13 June 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1, c. 6, 4149).
1 The canton and the municipalities manage their finances in an efficient, efficient and cost-effective way in the medium term.
2 They are responsible for establishing comprehensive financial and investment planning.
3 New tasks can only be undertaken if their funding is settled.
4 Independent administrative oversight bodies examine whether finances are managed in accordance with legal provisions.
5 The law regulates the terms.
The Township derives its resources from:
1 The canton and the communes impose the income and fortune of natural persons as well as the profit and capital of legal persons.
2 The law may provide for other cantonal or communal public contributions.
3 The tax system is based on the principle of equal rights and takes into account the economic capacity of taxpayers.
Any expenditure presupposes a legal basis, a credit and a decision of the financially competent body.
1 The municipality is the only commune in the canton.
2 The municipality is a community of public law with legal personality.
3 It carries out all the local tasks that are not the responsibility of the Confederation or the canton and that it is not appropriate to leave it to individuals.
1 Communal autonomy is guaranteed. Cantonal law and federal law determine its scope.
2 The cantonal bodies give the communes as much autonomy as possible.
1 In the framework of the constitution and the law, the municipalities set up their organisation in a municipal regulation.
2 The municipal regulation must be approved by the people; it is subject to the sanction of the Council of State.
3 Municipalities can establish a communal parliament.
1 In carrying out their tasks, the municipalities shall cooperate with each other, with the canton and, where appropriate, with municipalities in other cantons.
2 They can, with the approval of the Council of State, set up joint trade unions and participate in other organisations.
3 The Council of State may require two or more municipalities to cooperate when a task cannot otherwise be accomplished.
Fiscal equalization is intended to balance the tax burden of municipalities.
1 The right to vote belongs to anyone who has the right to vote in cantonal matters.
2 The communes may also grant the right to vote to foreigners who have been domiciled in Switzerland for ten years, five years in the canton, and who so request.
1 The initiative may require the adoption, amendment or repeal of regulations and orders that are subject to a mandatory referendum or an optional referendum.
2 The initiative may be designed in general terms or in written form.
3 Where an initiative is aimed at the adoption or modification of plans or requirements under an opposition procedure, only the project designed in general terms is allowed.
4 Moreover, Article 51, paragraph 1, 52, 54 and 55 are applicable by analogy.
The law regulates, in particular, the main lines of the communal organisation, the monitoring of municipalities and finances.
To the extent permitted by law, public duties may be performed by public law communities and institutions.
1 The Evangelical Reformed Church and the Roman Catholic Church are autonomous public authorities.
2 Religious communities freely regulate their internal affairs. They are entitled to collect taxes from their members.
3 The orders and decisions of the ecclesiastical authorities cannot be appealed to organs of the state.
Membership of a church is governed by its statutes. The right to leave a Church through a written declaration is guaranteed.
Other religious communities are governed by civil law. The Grand Council may recognize them as public law communities if their statutes do not contravene federal and cantonal law.
1 The constitution may at any time be the subject of a total or partial revision.
2 Constitutional revisions shall take place in accordance with the procedure applicable to the laws.
The partial revision makes it possible to modify a provision or several intrinsically linked provisions.
1 The Grand Council shall examine every twenty years from the entry into force of this Constitution if a total revision is to be undertaken.
2 The decision to undertake a full review must be submitted to the citizens. They also decide whether the revision should be undertaken by the Grand Council or by a constituent assembly. 1
1 Accepted in popular vote of 28. 1997, effective since 28 September. 1997. Ass Warranty. Fed. Of Dec 3. 1998 ( FF 1999 232 Art. 1, c. 2, 1998 3441).
1 A bourgeois commune is deemed to be dissolved as of right if, within five years after the entry into force of this Constitution, it is not transformed by a decision of its members into a corporation governed by public law.
2 Upon the dissolution of the bourgeois commune, the municipality is subrogated to it in all its rights and obligations.
Where ecclesiastical buildings belong to the municipality, co-use rights shall be paid and an agreement on the use and maintenance concluded within five years of the entry into force of this Constitution.
1 Repealed popular vote of 27. 1998, with effect from 27 seven. 1998. Ass Warranty. Fed. 10 June 1999 ( FF 1999 4784 Art. 1, c. 6, 2299).
1 Accepted by the Landsgemeinde On April 27, 1997. Ass Warranty. Fed. Of Dec 3. 1998 ( FF 1999 232 Art. 1 ch. 2, 1998 3441). Repealed popular vote of 27. 1998, with effect from 27 seven. 1998. Ass Warranty. Fed. June 10, 1999 (FF 1999 4784 art. 1, c. 6, 2299).
1 The incompatibilities arising from this partial revision of the Constitution are eliminated until the end of the current function period.
2 At the time of entry into force of this partial revision, the members of the Administrative Tribunal elected for the current period of office shall become members of the Higher Tribunal, until the end of the period.
3 Mediators elected by the citizens of the municipalities deal with requests for mediation by the end of the current function period until 31 December 2010.
1 Accepted in popular vote of 13 June 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1, c. 6, 4149).
Numbers refer to articles and divisions of articles of the Constitution
Acquisition and loss of city rights V. Freedom of the City
Normative acts , control 61 3
Administration , Cantonal 93
Adults , training 38 1
Agriculture And forestry 44
Land use planning 31
Membership To a Church 110
Procurement Water and energy 33
Adjudication , Prohibition of arbitrariness 8
Orders of Principle
Constituent Assembly 114 2
Legal assistance 20
Property and Land Insurance 46
Crop Insurance 46
Autonomy
Authorities 61-95
Cantonal Bank 45
Good faith 8
Budget 76 1
Social Goals 25
Canton
Censorship , prohibition of exercising control 12 2
State Chancellor
State Chancellery 93 3
Citizens
Collaboration
Communities Public law 108, 100 2
Collegiality 91
Commissions
Commun , common life
Religious Communities 109-111
Municipal Commune 100
Commons 2, 100-107
Bourgeois House of Commons 115
Skills , conflicts 77 1d
Financial skills V. Also Finance
Legislative powers
State Account 77 1st
Confederation
Conflicts of skills 77 1d
Council of States
Council of State
Legal Advice
Constitution
Construction 31
Consultations 57
Contributions V. Taxes
Financial Control 96 4
Intercantonal and International Conventions , skills 60 Bis b , 74 3 , 87 2
Belief and Consciousness , freedom 7
Culture 49 1
Waste 35
Delegation Skills 68
Expenditures , v. Also Financial skills
Detention , warranties 21
Duties of the person 26
Human Dignity 4
Discrimination , prohibition 5
Official Records , consultation 12 3
Public Domain , events 17 2
Damages V. Responsibility
Data , protection 15
Right of professional association and union grouping 19
Freedom of the City
Right to be heard 20 4
Right to vote
Fundamental rights 4-23
Political rights 50-60 Bis
Social rights 24
Term of office 65
Water
School 36-38
Economy
Ecclesiastical buildings 116
Education 36-38
Equality of law 5
Equality between men and women 6
Church 109-111
Elections
Eligibility 62
Jobs 40
Energy 34
Children , protection 24 2 , 41
Entry into force 118
Environment , protection 29
Essence of fundamental rights 23 4
Host Institutions , monitoring 39 4
Public-law institutions 108
State and Church 109-111
Foreigners
Expropriation 18 2
Family 10, 41
Finance , financial system 96-99
Forests , maintenance 44 3
Training 36-38
Guarantees
Thanks 77 1c
Grand Council
Handicapped 42
High schools 38 2
Hospitals And public and private health institutions 48
Immunity 81
Taxes And contributions 97 A , 98, 69 B
Incompatibility 63, 83 2
Information , freedom 12
Information , obligation to inform, publicity of debates 67
People's Initiative 51-55
Innocence , presumption 20 3
Popular intervention 56
Kinds of children 37
Youth 41
Judges
Justice , warranties 20/21
Landamman
Legislation
Freedom of association and assembly 17
Freedom of art 14
Freedom of science and the right to teach 13
Freedom of establishment 11
Freedom of opinion and information 12
Economic freedom 19
Personal freedom 9
Age Limit 66
Law
Leisure 49 3
Majoritary , majority system 71 4
Protests 17 2
Marriage
Ombudsman 94 1a
Incentive-type measures (environmental protection) 29 4
Miners
Grounds for judgments , obligation 95
Nature , protection 29
Necessation Orders 90 2
Order And security 17 2 , 28, 89 2a , 90 1
Participation , rights 56/57, 77 1a
Heritage , protection 30
Landscape , protection 30
Fiscal Equalization 104
Person , personal freedom 9
Elderly 41
Persons with disabilities 42
Petition , right 16
Planning
Overall financial planning 96 2 , 86 2 , 75, 76 1
Personal benefits 26 2
Polluter Pays Principle 29 6
Deprivation of liberty 21
Attorney General
Occupation , free choice of 19
Medical and paramedical professions 48 5 and 6
Economic Promotion 43
Proportional , proportional system 71 4
Property , warranty 18
Protection of the environment and nature 29
Public/- que
Advertising of debates
Research 13
Recusal 64
Referendum
Referendum of cantons 77 1a , 89 2d
Equal 47
Liability 70
Retroactivity , prohibition 8 2
Revision Of the Constitution 112-114
Health 48
Science
Public Safety 17 2 , 28, 89 2a , 90 1
Separation of powers 61
Parliamentary Service 78 2
Distress situations 24 1 , 39
Special situations 28 2
Social (Goals, Assistance, Business) 24-26, 39-42
Subsidiarity 27 3 , 100 3
Monitoring By the Grand Council 72
Forestry 44
Unions 103
Public Tasks 27-49
Torture Inhuman or Degrading Treatment or Punishment, prohibition 9 2
Transport 32
Cantonal court 94 1c
Superior Tribunal
Tribunals
Universities 38 2
Urgency , legislation 87 4
Victims of offences , help 24 3
Private life and home , respect 9 3
Remedies Indicated and reasoned decision 20 4
Vote V. Voting rights, Elections
Accepted by Landsgemeinde of 30 Apr. 1995, effective May 1, 1996. Ass Warranty. Fed. Of Sept. 16. 1996 (FF 1996 IV 884, I 965).
1 The text in the original language is published, under the same number, in the German edition of this compendium.
2 This publication is based on federal guarantees published in FF. It may therefore differ temporarily from the cantonal publication. The date of the statement is that of the last FY published in the FF.
3 Accepted in popular vote of 28. 1997, effective since 28 September. 1997. Ass Warranty. Fed. Of Dec 3. 1998 ( FF 1999 232 Art. 1, c. 2, 1998 3441).
