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RS 131.224.2 Constitution of the canton of Appenzell Rhodes-Interior, of 24 November 1872

Original Language Title: RS 131.224.2 Constitution du canton d’Appenzell Rhodes-Intérieures, du 24 novembre 1872

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131.224.2

Translation 1

Constitution of the Township of Appenzell Rhodes-Interior

November 24, 1872 (Status on March 11, 2015) 2

Section I General provisions

Art. 1

1 The Constitution is that of a sovereign state, a member of the Swiss Confederation. Sovereignty resides essentially in the people and is exercised by the people at the Landsgemei N Of .

2 The people give themselves a Constitution, decide on the acceptance or rejection of the laws and participate in the elections which are the competence of the Landsgemeinde .

3 All decisions of the people and advice shall be taken by an absolute majority of the voters. Districts and communes have the option of replacing in communal assemblies the vote by hand by voting in the secret ballot using the ballot boxes. The introduction of the ballot by means of the ballot boxes is decided by secret ballot. The Grand Council regulates the ballot by means of the ballot boxes. 1


1 Formerly al. 4, modified and accepted as par. 3 by Landsgemeinde Apr 24. 1966, in effect since 24 Apr. 1966. Ass Warranty. Fed. On 6 Oct. 1966 (FF 1966 II 481 329).

Art. 2

1 The Constitution fundamentally recognises full liberty and the following rights are guaranteed: equality of citizens and equality before the law and individual liberty; in addition, within the limits of legal provisions, freedom of opinion by the Word and writing as well as the right of association and assembly; the inviolability of the residence is also guaranteed.

2 Freedom of trade, movement and industry shall be guaranteed within the limits of the content of the provisions relating thereto.

3 The canton has a monopoly on lotteries, within the limits of federal law. 1


1 Accepted by the Landsgemeinde From 30 Apr. 2000, in effect since 30 Apr. 2000. Ass Warranty. Fed. 20 March 2001 ( FF 2001 1291 Art. 1 ch. 5, 2000 4851).

Art. 3 1

The Roman Catholic Church and the Reformed Evangelical Church are recognized as corporations of public law. They regulate their internal affairs independently.


1 Accepted by the Landsgemeinde From 27 Apr. 2003, in effect since 27 Apr. 2003. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).

Art. 4

1 Property of any kind is inviolable, whether it belongs to individuals, societies, communities and foundations recognized by the State or to municipalities.

2 The transfer of ownership or the establishment of real property rights may be required for a full fee, when it is in the interests of the canton or a region of the country. Expropriation shall, however, be lawful only to the extent that it is necessary to achieve the intended purpose and if an amicable settlement is not possible or is not possible at a disproportionate cost. 1

3 The law regulates the details. 2

4 ... 3


1 Accepted by the Landsgemeinde Apr 24. 1960, in force since 24 Apr. 1960. Ass Warranty. Fed. June 29, 1960 (FF 1960 II 225 4).
2 Accepted by the Landsgemeinde Apr 24. 1960, in force since 24 Apr. 1960. Ass Warranty. Fed. June 29, 1960 (FF 1960 II 225 4).
3 Repealed by Landsgemeinde Apr 24. 1960, with effect from 24 Apr. 1960. Ass Warranty. Fed. June 29, 1960 (FF 1960 II 225 4).

Art. 5

1 The State guarantees the safety of the heritage of religious corporations and its use and acquisition for purposes consistent with the statutes.

2 The administration of the conventual heritage is carried out until now under the protection of the state. 1

3 ... 2


1 Accepted by the Landsgemeinde From 27 Apr. 2003, in effect since 27 Apr. 2003. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).
2 Repealed by Landsgemeinde From 27 Apr. 2003, with effect from 27 Apr. 2003. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).

Art. 6 1

1 No one can be distracted from his natural justice.

2 It is open to the parties to decide, by mutual agreement, their disputes by arbitral tribunals.


1 Accepted by the Landsgemeinde Apr 24. 1949, in force since 24 Apr. 1949. Ass Warranty. Fed. Of the 29th. 1949 (FF 1949 II 591 353).

Art. 7 1

All the inhabitants of the canton and the communities and circles have the right to present their wishes and demands to the local and cantonal authorities.


1 Accepted by the Landsgemeinde On 25 Apr. 1982, effective since 25 Apr. 1982. Ass Warranty. Fed. Of Dec 16. 1982 (FF 1982 III 1087 art. 1 ch. 3,725).

Art. 7 Bis 1

1 Any citizen may, by submitting an initiative in accordance with the following provisions, request the amendment of the Constitution and the drafting, amendment or repeal of laws.

2 The initiative may be presented in the form of a proposal conceived in general terms, or, if the total revision of the Constitution is not requested, in the form of a draft of all documents. It can relate only to a specific area. If it does not meet this requirement, the different materials on which it relates must be treated separately.

3 The initiative cannot claim anything that is contrary to federal law or, as long as it is not intended to amend the Cantonal Constitution, to the latter.

4 If the initiative is presented in the form of a proposal conceived in general terms and the Grand Council approves it, it shall draw up a corresponding proposal and submit it to the Landsgemeinde To accept or reject it. If the Grand Council rejects the proposal in general terms, it shall submit it to the Landsgemeinde With a possible counterproject. If the Landsgemeinde Approves the initiative or the counterproject, the Grand Council is developing a project within the meaning of the Landsgemeinde And submit it to it for acceptance or rejection.

5 The initiative presented in the form of a draft of all documents must be submitted to the Landsgemeinde The Grand Council can oppose a counterdraft which must be submitted to the vote at the same time as the initiative.

6 Initiatives must be submitted in writing to the Grand Council for review and advice until 1 Er October. They must be submitted to the next Landsgemeinde The projects that the Grand Council must develop as a result of a preliminary vote within the meaning of para. 4, must be submitted to the Landsgemeinde Following the pre-vote. The Grand Council may extend these periods by up to two years, by a two-thirds majority of its members, where special circumstances so require, such as the development of new laws or important revisions to the Constitution or laws Or important counterprojects.

7 The remainder of the procedure for the exercise of the right of initiative can be dealt with by an order of the Grand Council.


1 Accepted by the Landsgemeinde On 25 Apr. 1982, effective since 25 Apr. 1982. Ass Warranty. Fed. Of Dec 16. 1982 (FF 1982 III 1087 art. 1 ch. 3,725).

Art. 7 Ter 1

1 The free decisions of the Grand Council concerning single expenditure of at least 1 000 000 francs or benefits of at least 250 000 francs for at least four years shall be subject to the referendum. 2

2 Two hundred persons, living in the canton and having the right to vote, may submit to the vote Landsgemeinde Any order freely adopted by the Grand Council where that order results in a new expenditure of the same object for the same purpose amounting to a single amount of 500,000 francs or more or amounting to 125 000 francs and more, for the case of Benefits are repeated for at least four years. Expenses related to the remuneration of State staff are not subject to the referendum. 3

3 A decision that is subject to a referendum may be held in force if, within 30 days of its official publication, a valid application in law requesting a decision by the Landsgemeinde Was not presented to the Standeskommission (Council of State).

4 The decisions of the Grand Council on expenditure are not subject to the referendum when their execution is not delayed. The Grand Council shall act on an urgent basis by secret ballot. The decision requires a two-thirds majority of the members present.

5 The remainder of the procedure for the optional referendum is governed by an order of the Grand Council.

6 ... 4


1 Accepted by the Landsgemeinde On 25 Apr. 1982, effective since 25 Apr. 1982. Ass Warranty. Fed. Of Dec 16. 1982 (FF 1982 III 1087 art. 1 ch. 3,725).
2 Accepted by the Landsgemeinde From 27 Apr. 2014, in force since 27 Apr. 2014. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1 ch. 7, 2014 8899).
3 Accepted by the Landsgemeinde From 27 Apr. 2014, in force since 27 Apr. 2014. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1 ch. 7, 2014 8899).
4 Repealed by Landsgemeinde From 30 Apr. 1995, with effect from 1 Er Jan 1997. Ass guarantee. Fed. Of Sept. 16. 1996 (FF 1996 IV 882 art. 1 ch. 5, I 1249).

Art. 8

Every citizen of the canton and every Switzerland established in the canton is, within the limits of federal law, subject to military service.

Art. 1

Changes to the tax system are the sole responsibility of the Landsgemeinde .


1 Accepted by the Landsgemeinde From 27 Apr. 2003, in effect since 27 Apr. 2003. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).

Art. 10

1 ... 1

2 The canton has a broad right of scrutiny over the activities of the authorities and their management of all areas of communal life. 2

3 The canton may also, in cases where the interest of a part of the country or the country so requires, intervene in the affairs of the communes.

4 In particular, it also has the right to prevent the distribution of property from operating cooperatives to individual partners.


1 Repealed by Landsgemeinde From 30 Apr. 1995, with effect from 1 Er Jan 1997. Ass guarantee. Fed. Of Sept. 16. 1996 (FF 1996 IV 882 art. 1 ch. 5, I 1249).
2 Accepted by the Landsgemeinde From 30 Apr. 1995, in force since 1 Er Jan 1997. Ass guarantee. Fed. Of Sept. 16. 1996 (FF 1996 IV 882 art. 1 ch. 5, I 1249).

Art. 11

1 The administration of the state budget is public for all accounts to be announced at the end of the year.

2 ... 1

3 All laws and ordinances, as well as official decisions of general interest, are duly published.

4 ... 2


1 Repealed by Landsgemeinde From 27 Apr. 2003, with effect from 27 Apr. 2003. Ass Warranty. Fed. On March 10, 2004 ( FF 2004 1273 Art. 1 ch. 4, 2003 7377).
2 Repealed by Landsgemeinde Apr 24. 1994, with effect from 30 Apr. 1995. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 3, I 957).

Art. 12

1 Public education is the responsibility of the State. 1

2 Compulsory public education is free of charge. School communes bear the costs with the appropriate state aid, which is aimed at improving the school system. 2


1 Accepted by the Landsgemeinde On 25 Apr. 2004, in effect since 25 Apr. 2004. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).
2 Accepted by the Landsgemeinde From 27 Apr. 2003, in effect since 27 Apr. 2003. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).

Art. 13 1

The Grand Council decides on the granting of the right of cantonal city.


1 Accepted by the Landsgemeinde On 25 Apr. 1993, in effect since 25 Apr. 1993. Ass Warranty. Fed. June 9, 1994 (FF) 1994 III 334 art. 1 ch. 2, 1993 IV 473).

Art. 14

The terms and conditions of the establishment are governed by the provisions of federal law.

Section II Township Division

Art. 15

1 The canton of Appenzell Inner Rhodes is divided into six districts:

Appenzell,

Schlatt-Haslen,

Schwende,

Gonten,

Rüte,

Oberegg.

2 Appenzell is the capital of the canton and, as such, the seat of the cantonal authorities.

Section III Public rights and obligations of the individual

Art. 16 1

1 All Swiss citizens domiciled in the canton shall have the right to vote in the Landsgemeinde And communal assemblies, provided that they are 18 years of age and are registered in the register of electors.

2 Persons under guardianship due to mental illness or mental illness (art. 369 CC 2 ) Do not enjoy the right to vote.

3 In municipal matters, the beneficiaries of the right to vote exercise their rights at their political domicile.


1 Accepted by the Landsgemeinde From 26 Apr. 1992, effective since 26 Apr. 1992. Ass Warranty. Fed. Of Dec 14. 1993 (FF 1993 IV 612 art. 1 ch. 8, II 181).
2 RS 210

Art. 17

Each beneficiary of the right to vote is not only entitled, but also obliged to participate in all Landsgemeinde And to public constitutional assemblies.

Art. 18

1 Until the age of 65, an elector has an obligation to accept his election to the Council of State or to the cantonal court or his appointment to a function entrusted to him by the Council of State, by a meeting of District, parish or school district, or court, district council, parish council or school board. 1

2 Those persons who have been members for at least eight years in all of the authorities mentioned in para. shall be released from this obligation before the age of 65. 1. No one can be forced to take one of these charges for more than four years. 2

3 The Grand Council is the appeal authority. 3


1 Accepted by the Landsgemeinde From 27 Apr. 2003, in effect since 27 Apr. 2003. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).
2 Accepted by the Landsgemeinde Apr 24. 1994, effective since 30 Apr. 1995. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 3, I 957).
3 Accepted by the Landsgemeinde From 27 Apr. 2003, in effect since 27 Apr. 2003. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).

Section IV Legislative body

Art. 19

1 The Landsgemeinde Is the supreme authority of the canton.

2 It meets regularly on the last Sunday in April, or in an extraordinary way on the decision of the Grand Council.

3 If Easter falls on the last Sunday in April, Landsgemeinde Takes place the first Sunday in May. 1


1 Accepted by the Landsgemeinde On 29 Apr. 2007, in force since 29 Apr. 2007. Ass Warranty. Fed. On 6 March 2008 ( FF 2008 2273 Art. 1 ch. 6, 2007 7197).

Art.

1 The Landsgemeinde Exercises legislative power and is the highest electoral authority.

2 It elects each year:

1. 1 The Council of State, consisting of the following seven members:
-
The Landammann Exercise, which, after two years, is not eligible for this function within one year of the
-
Vice - Landammann ,
-
And the Statthalter (representative of vice - Landammann ), the Director of Finance, the Director of Agriculture, the Director of Public Works and the Director of the Police;
2.
The cantonal court, composed of a president and twelve members, including a representative from each district;
3. 2
...

1 Accepted by the Landsgemeinde From 30 Apr. 1995, in force since 1 Er Jan 1997. Ass guarantee. Fed. Of Sept. 16. 1996 (FF 1996 IV 882 art. 1 ch. 5, I 1249).
2 Repealed by Landsgemeinde Apr 24. 1994, with effect from 30 Apr. 1995. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 3, I 957).

Art. Bis 1

The year in which the National Council is fully renewed, Landsgemeinde Shall elect the representative of the canton to the Council of States.


1 Accepted by the Landsgemeinde From 27 Apr. 2003, in effect since 27 Apr. 2003. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).

Art.

The following provisions still apply to the Landsgemeinde :

1. 1
Accepts a report on the cantonal administration offices;
2. 2
The Landsgemeinde May vote only on the object (s) for which the summons has been requested.

1 Formerly c. 2. The old ch. 1 was repealed by the Landsgemeinde On 25 Apr. 1993, with effect from 25 Apr. 1993. Ass Warranty. Fed. June 9, 1994 (FF) 1994 III 334 art. 1 ch. 2, 1993 IV 473).
2 Formerly c. 3.

Section V Administrative authorities

1. Cantonal Authorities

A. Grand Council

Art. 1

1 The Grand Council has 50 seats.

2 Each of the six districts first receives four seats, which are charged to 4/50 E Number of residents of the district. The remaining 26 seats are allocated in proportion to the remaining population, the fractions being rounded to the lower unit. Remaining mandates are assigned to districts according to the value of the rounded fractions; in case of equality, the fate decides.

3 The seats shall be allocated on the basis of the number of inhabitants identified by the cantonal control of the inhabitants on the last day of the year preceding the full renewal of the Grand Council.

4 The Council of State assigns the seats to the districts. The Grand Council decides in case of dispute.


1 Accepted by the Landsgemeinde Of 1 Er May 2011, effective from 1 Er May 2011. Ass Warranty. Fed. On March 11, 2013 ( FF 2013 2335 Art. 1 ch. 2, 2012 7877). See also disp. And trans. At the end of the text.

Art. 1

1 The Grand Council meets in ordinary session five times a year.

2 It shall meet in extraordinary session when the President of the Grand Council or the Council of State considers it necessary or when ten members of the Grand Council so require.

3 Appenzell is the meeting place. The Council may decide to meet elsewhere.


1 Accepted by the Landsgemeinde Apr 24. 1994, effective since 30 Apr. 1995. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 3, I 957).

Art. 24 1

1 The convening of the first meeting of a new legislature is made by the Council of State. Until the President of the Grand Council has been elected, the Dean shall direct the proceedings.

2 Meetings of the Grand Council are generally public. The meetings shall be held in camera during the review of appeals and, in special cases, on a decision of the Council.

3 The Grand Council is issuing a regulation by way of an order.


1 Accepted by the Landsgemeinde Apr 24. 1994, effective since 30 Apr. 1995. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 3, I 957).

Art. 25 1

The members of the Council of State have a consultative voice and the right to make proposals in the deliberations of the Grand Council.


1 Accepted by the Landsgemeinde Apr 24. 1994, effective since 30 Apr. 1995. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 3, I 957).

Art. 26 1

1 The Grand Council shall determine the agenda of the Landsgemeinde .

2 The Grand Council submits to the Landsgemeinde The draft constitutional revision and draft laws; in addition, it examines the proposals submitted by the Council of State, other authorities or citizens, or for them to be settled by the Council itself, To be submitted to the Lan D Sgemeinde .

3 Objects submitted to the Landsgemeinde Shall be submitted to the Grand Council no later than for the third ordinary session preceding the Landsgemeinde For urgent or simple objects, the Grand Council may, by a two-thirds majority of its members, decide to derogate from this rule.


1 Accepted by the Landsgemeinde Apr 24. 1994, effective since 30 Apr. 1995. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 3, I 957).

Art. 27 1

1 The Grand Council shall issue ordinances and regulations for the implementation of cantonal legislation and, in lesser cases, federal legislation.

2 It determines the boundaries of districts and municipalities. 2

3 It makes decisions concerning the accession to, modification and termination of concords. 3

4 It decides whether a request for a referendum (Art. 141, para. 1, Cst. 4 ) Or an initiative (art. 160, para. 1, Cst.) must be launched on behalf of the Canton. 5


1 Accepted by the Landsgemeinde Apr 24. 1994, effective since 30 Apr. 1995. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 3, I 957).
2 Accepted by the Landsgemeinde On 29 Apr. 2007, in force since 29 Apr. 2007. Ass Warranty. Fed. On 6 March 2008 ( FF 2008 2273 Art. 1 ch. 6, 2007 7197).
3 Formerly al. 2.
4 RS 101
5 Formerly al. 3. Accepted by the Landsgemeinde From 27 Apr. 2003, in effect since 27 Apr. 2003. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).

Art. 28 1

1 The Grand Council decides on remedies in cases provided for by law.

2 It grants the right of the city.


1 Accepted by the Landsgemeinde Apr 24. 1994, effective since 30 Apr. 1995. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 3, I 957).

Art. 1

1 The Grand Council oversees the affairs of all authorities.

2 It reviews the annual reports submitted by the State Council and the cantonal court and the other authorities in the cases provided for by the law.

3 It sets the tax rate.

4 It sets the revenue and expenditure budget of all jurisdictions and courts of the Canton for each administrative year. 2

5 Each year, it reviews and approves the state account. 3


1 Accepted by the Landsgemeinde Apr 24. 1994, effective since 30 Apr. 1995. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 3, I 957).
2 Accepted by the Landsgemeinde From 27 Apr. 2003, in effect since 27 Apr. 2003. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).
3 Accepted by the Landsgemeinde From 27 Apr. 2003, in effect since 27 Apr. 2003. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).

Art. Bis 1

1 The Grand Council shall elect for one year:

A.
The President, the Vice-President and three deputy returning officers;
B.
Its committees.

2 He shall elect the President of the District Court and shall make a commitment to that effect.

3 It shall carry out the other elections to which it is responsible by law and its orders.


1 Accepted by the Landsgemeinde Apr 24. 2005, in force since 24 Apr. 2005. Ass Warranty. Fed. June 12, 2006 ( FF 2006 5853 Art. 1 ch. 3, 2725).

B. Council of State

Art.

1 The Council of State shall be composed of the members appointed under Art. 20, c. 1, and elected by Landsgemeinde , which cannot belong to the Grand Council, a district council, a court or a local authority. 1

2 It allocates government affairs among its members.

3 It ensures the execution of the laws and orders of the Landsgemeinde and the orders and orders of the Grand Council. 2

4 It manages diplomatic relations.

5 It regulates all cases which revert to a government and which are not expressly attributed to another authority under the Constitution.

6 It lays down the necessary arrangements for the establishment and the stay.

7 In particular, he exercises supervision over the churches and the administration of the property of the operating cooperatives. 3

8 It provides for prompt action to be taken in accordance with the law on the administration of justice and the activities of local authorities. 4

9 It concludes the conventions with the Confederation. If the financial obligations of a program agreement exceed the amounts set out in s. 7 Ter Of the Cantonal Constitution, or if the conclusion of such a convention requires the revision of the Constitution, a law or an order, it must be submitted to the Grand Council or to the Landsgemeinde In this case, the Grand Council is involved in the negotiations. 5

10 Cannot sit at the same time at the State Council or in the courts:

-
Two persons joined by the marriage or living under the registered partnership or the cohabiting partnership. Neither the dissolution of the marriage nor the dissolution of the registered partnership puts an end to the incompatibility;
-
Parents on-line or up to the second degree on a collateral line;
-
Direct online allies. 6

11 In important cases, district presidents and, where appropriate, their alternates, can be consulted. 7


1 Accepted by the Landsgemeinde From 27 Apr. 2003, in effect since 27 Apr. 2003. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).
2 Accepted by the Landsgemeinde On 25 Apr. 2010, effective from 1 Er Jan. 2011. Ass Warranty. Fed. On March 11, 2013 ( FF 2013 2335 Art. 1 ch. 2, 2012 7877).
3 Formerly al. 8. Accepted by the Landsgemeinde From 30 Apr. 1995, in force since 1 Er Jan 1997. Ass guarantee. Fed. Of Sept. 16. 1996 (FF 1996 IV 882 art. 1 ch. 5, I 1249). The former al. 7 was repealed by s. 209 hp. 1 of the Act to introduce the Swiss Civil Code of 30 Apr. 1911.
4 Formerly al. 9. Accepted by the Landsgemeinde Apr 24. 1949, in force since 24 Apr. 1949. Ass Warranty. Fed. Of the 29th. 1949 (FF 1949 II 591 353).
5 Accepted by the Landsgemeinde On 29 Apr. 2007, in force since 29 Apr. 2007. Ass Warranty. Fed. On 6 March 2008 ( FF 2008 2273 Art. 1 ch. 6, 2007 7197).
6 Accepted by the Landsgemeinde From 30 Apr. 2006, effective from 1 Er Jan 2007. Ass Warranty. Fed. Of 18. June 2007 ( FF 2007 4689 Art. 1 ch. 4,581).
7 Accepted by the Landsgemeinde Apr 24. 1949, in force since 24 Apr. 1949. Ass Warranty. Fed. Of the 29th. 1949 (FF 1949 II 591 353).

Art.

1 It meets as often as Landammann In office or three members of the authorities deems it necessary.

2 Decisions are validly made when four members are present. 1


1 Accepted by the Landsgemeinde From 30 Apr. 1995, in force since 1 Er Jan 1997. Ass guarantee. Fed. Of Sept. 16. 1996 (FF 1996 IV 882 art. 1 ch. 5, I 1249).

C. The Landammann

Art. 32

1 The Landammann Presiding over the Landsgemeinde And the Council of State. 1

2 He signs records from these authorities and has custody of the seals.

3 The State Chancellery is directly subordinate to the orders of the President of the Government, which oversees the execution of the Government's decisions. 2

4 In the event of incapacity, it shall be replaced by the Landammann .


1 Accepted by the Landsgemeinde Apr 24. 1994, effective since 30 Apr. 1995. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 3, I 957).
2 Accepted by the Landsgemeinde From 27 Apr. 2003, in effect since 27 Apr. 2003. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).

2. District Authorities

A. District Assembly 3

Art. 33 1

1 The district assembly consists of all citizens of the canton and all other Swiss citizens residing in the district and having the right to vote according to Art. 16. 2

2 It takes place each year one week after the Landsgemeinde Ordinary. 3

3 It elects a Hauptmann And a Hauptmann Alternate members of the district council and a member of the district court. 4

4 In the years in which the National Council's renewal elections are held, the district assembly elects under s. 22 the number of members of the Grand Council to which the district is entitled.

5 In districts that know the ballot through the ballot box, the elections are held on or before the third Sunday in May.

6 The outgoing members of the Grand Council must be replaced as soon as possible. The new elected office remains in office until the end of the current parliamentary term.

7 Districts may prescribe at most four years the tenure of district councillors, members of district courts, conciliation judges and their alternates. 5

8 ... 6


1 Accepted by the Landsgemeinde Apr 24. 1994, effective since 30 Apr. 1995. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 3, I 957).
2 Accepted by the Landsgemeinde From 27 Apr. 2003, in effect since 27 Apr. 2003. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).
3 Accepted by the Landsgemeinde On 29 Apr. 2012, in force since 29 Apr. 2012. Ass Warranty. Fed. On March 11, 2013 ( FF 2013 2337 Art. 1 ch. 3, 193).
4 Accepted by the Landsgemeinde On 29 Apr. 2012, in force since 29 Apr. 2012. Ass Warranty. Fed. On March 11, 2013 ( FF 2013 2337 Art. 1 ch. 3, 193).
5 Accepted by the Landsgemeinde On 29 Apr. 2012, in force since 29 Apr. 2012. Ass Warranty. Fed. On March 11, 2013 ( FF 2013 2337 Art. 1 ch. 3, 193).
6 Accepted by the Landsgemeinde On 29 Apr. 2007. Ass Warranty. Fed. On 6 March 2008 ( FF 2008 2273 Art. 1 ch. 6, 2007 7197). Repealed by Landsgemeinde On 29 Apr. 2012, with effect from 29 Apr. 2012. Ass Warranty. Fed. On March 11, 2013 (FF 2013 2337 art. 1 ch. 3, 193).

Art. 34

The district assembly shall take all the most important decisions which are, in accordance with this Constitution, in the common interest.

Art. 35

In the event of an election, in different electoral circles, persons who have kinship ties are not, within the meaning of s. 30, not eligible at the same time, a new election will then take place in the circle of the following rank.

B. Hauptmann And tips

Art. 36 1

1 The district council has at least five members.

2 The District Assembly may establish the other powers under a regulation. 2


1 Accepted by the Landsgemeinde Apr 24. 1994, effective since 30 Apr. 1995. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 3, I 957).
2 Accepted by the Landsgemeinde From 27 Apr. 2003, in effect since 27 Apr. 2003. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).

Art. 1

The Hauptmann , the Hauptmann Deputy and district councillors shall be responsible for the execution of the decisions of the public authority, the execution of the decisions of the District Assembly, and the screening of projects submitted to the District Assembly by the authority Or by an individual.


1 Accepted by the Landsgemeinde From 27 Apr. 2003, in effect since 27 Apr. 2003. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).

Section VI 4 Judicial authorities

Art. 38

In each district, there is a conciliation board. The district assembly shall appoint the head of that office and his alternate for a term of two years. The members of the Council of State, the courts and those who, in their professional capacity, represent the parties are not eligible. The organization, the management of the Office and the functions of the conciliator as the body of justice are determined by the legislation

Art. 39 1

1 The District Court is the first instance court for civil and criminal cases submitted to its jurisdiction under the law.

2 The legislation regulates the training of the various courts of competent jurisdiction to deal with cases.


1 Accepted by the Landsgemeinde Apr 24. 2005, in force since 24 Apr. 2005. Ass Warranty. Fed. June 12, 2006 ( FF 2006 5853 Art. 1 ch. 3, 2725).

Art. 40 1

1 The cantonal court is, as a civil and criminal court, the appellate body against the sentences of the district courts.

2 The cantonal court is, as an administrative tribunal, the body of appeal against decisions of the administrative authorities of the canton in the field of public law, administrative law and social insurance law.

3 The organization of the cantonal court is regulated by law.


1 Accepted by the Landsgemeinde From 26 Apr. 1998, effective since 26 Apr. 1999. Ass Warranty. Fed. 20 March 2001 ( FF 2001 1291 Art. 1 ch. 5, 2000 4851).

Art. And 42 1

1 Repealed by Landsgemeinde From 26 Apr. 1998, with effect from 26 Apr. 1999. Ass Warranty. Fed. 20 March 2001 ( FF 2001 1291 Art. 1 ch. 5, 2000 4851).

Art. 43

1 Unless the law provides otherwise, the debates of the courts, as well as the pronouncements of judgments, are public. 1

2 The legislation determines the quorum.

3 It shall arrange for the keeping of the minutes and the service of the Chancery.


1 Accepted by the Landsgemeinde From 27 Apr. 1986, in effect since 27 Apr. 1986. Ass Warranty. Fed. June 18, 1987 (FF 1987 II 978 s. 1 ch. 3, I 1).

Art. 44

1 The members of the courts cannot belong at the same time to more than one ordinary judicial authority in the canton.

2 The members of the Council of State, the Grand Council and the district councils may not be members of the courts. 1


1 Accepted by the Landsgemeinde Apr 24. 1994, effective since 30 Apr. 1995. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 3, I 957).

Art. 45

1 The judicial organisation (civil, criminal and administrative justice), as well as the procedure, are in surplus, within the limits of the Constitution, regulated by the legislation. It may also establish complementary rules to the extent that these rules are not contrary to the Constitution.

2 The judgment of civil and criminal cases (contraventions) may be given by the law itself to non-judicial authorities.

Section VII Local authorities, cults and education

Art.

1 The parishes and school communes consist of persons who have the right to vote according to art. 16. 1

2 They hold an ordinary meeting each year, exceptionally they can meet on convocation by their parish councils and schools. 2

3 They elected parish councils and schools. 3

4 The parish councils and school boards consist of five to nine members. 4

5 The parishes take note of the annual report on the financial management of their administrations. They shall decide, without prejudice to the funds, on the cover of expenditure which cannot be offset by revenue, as well as on the implementation of important works. 5

6 It may be decided by agreement with another canton that the inhabitants of the two cantons who profess the reformed catholic-Roman or evangelical religion are fully recognised as members by the parishes of the other canton, with all the Related rights and duties. 6


1 Accepted by the Landsgemeinde On 29 Apr. 1979, in force since 29 Apr. 1979. Ass Warranty. Fed. Of Dec 13. 1979 (FF 1979 III 1147 art. 1 ch. 2,849).
2 Accepted by the Landsgemeinde On 29 Apr. 1979, in force since 29 Apr. 1979. Ass Warranty. Fed. Of Dec 13. 1979 (FF 1979 III 1147 art. 1 ch. 2,849).
3 Accepted by the Landsgemeinde On 29 Apr. 2007, in force since 29 Apr. 2007. Ass Warranty. Fed. On 6 March 2008 ( FF 2008 2273 Art. 1 ch. 6, 2007 7197).
4 Accepted by the Landsgemeinde From 27 Apr. 2003, in effect since 27 Apr. 2003. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).
5 Formerly al. 2.
6 Formerly al. 3. Accepted by the Landsgemeinde From 27 Apr. 2008, in force since 27 Apr. 2008. Ass Warranty. Fed. On 28 May 2009 ( FF 2009 4309 Art. 1 ch. 2,981).

Art.

The parish councils and the school boards direct the administrations entrusted to them by taking, in particular, all initiatives that promote the good of these administrations. 1


1 Formerly al. 1. The content of the former para. 2 was repealed by the Landsgemeinde On 25 Apr. 2004, with effect from 25 Apr. 2004. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).

Section VIII Revision of the Constitution

Art. 48 1

1 The Constitution may be totally or partially revised at any time.

2 The Grand Council may, on its own initiative, submit to the Landsgemeinde Partial revision projects. In these cases, it is necessary to vote separately on the different areas which do not have a link between them.

3 The provisions of Art. 7 Bis Apply by analogy to initiatives with a partial revision for purpose.

4 If a total revision is requested by the Grand Council or by initiative, the Landsgemeinde Must first decide whether or not to proceed with such revision. If the Landsgemeinde Decides the total revision, the Grand Council shall draw up a new Constitution and submit it no later than the third Landsgemeinde Usually following the pre-vote. This period may be extended appropriately in the second Landsgemeinde Usually following the pre-vote.

5 The total and partial revisions to the Constitution are to be dealt with by the Grand Council in two readings.


1 Accepted by the Landsgemeinde On 25 Apr. 1982, effective since 25 Apr. 1982. Ass Warranty. Fed. Of Dec 16. 1982 (FF 1982 III 1087 art. 1 ch. 3,725).

Transitional provisions

Art. 1

1 This Constitution shall enter into force on Landsgemeinde Ordinary 1873, Sunday, April 27.

2 Laws, ordinances and other cantonal acts with general and abstract norms must all be published in the compendium of laws. Those not included in the 1 Er July 1992 is considered to be repealed. 1

... 2


1 Formerly al. 3. Accepted by the Landsgemeinde On 25 Apr. 1993, in effect since 25 Apr. 1993. Ass Warranty. Fed. June 9, 1994 (FF) 1994 III 334 art. 1 ch. 2, 1993 IV 473). The former al. 2 was repealed by the Landsgemeinde From 27 Apr. 2003, with effect from 27 Apr. 2003. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).
2 The former al. 4 was repealed by the Landsgemeinde From 27 Apr. 2003, with effect from 27 Apr. 2003. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).

Art. 2 1

1 The first elections held in accordance with the system laid down in Art. 22, para. 1 and 2, are held in 2015. For the 2011 elections and the supplementary elections until 2015, the districts are entitled to one MP for 300 inhabitants and one additional MP for a remaining fraction of more than 150 inhabitants, based on the federal census of the 2000 population.

2 The Council of State abrogates art. 2 of the transitional provisions after the execution of para. 1.


1 Accepted by the Landsgemeinde Of 1 Er May 2011, effective from 1 Er May 2011. Ass Warranty. Fed. On March 11, 2013 ( FF 2013 2335 Art. 1 ch. 2, 2012 7877).

Art. 3 1

1 Once an amendment to s. 33 accepted, the term of office of the judges elected to the district court ends; an exception is made for the oldest judge in each district, whose term is renewed in the district concerned until the 2012 elections.

2 For each district court, a member will be elected in 2012 in accordance with the procedure described in Art. 33. Elected judges will be subject to the possible administrative period in progress.

3 The Conseil d' Etat repeals this transitional provision after the execution of para. 2.


1 Accepted by the Landsgemeinde On 29 Apr. 2012, in force since 29 Apr. 2012. Ass Warranty. Fed. On March 11, 2013 ( FF 2013 2337 Art. 1 ch. 3, 193).

Index of Contents

The figures refer to articles and divisions of articles of the Constitution.

Administration

-cantonal authorities 22-32

-District authorities 33-37

-judicial authorities 38-45

-appeal against decisions of administrative authorities 40 2

Age 16, 18

-obligation to accept his election or to be released 18

District Assembly 33-35

Association

-the right of 2

Insurance

-appeal against decisions of the right to social insurance 40 2

Authorities

-wishes and claims submitted to the

-monitoring of 10, 29 1

-seat of 15

-appeal authority 18 3

-Supreme authority of the canton 19 1

-the highest electoral authority 20 1

-Cantonal 22-32

-District 33-37

-judicial proceedings 38-45

-Communal 37

-administrative of the canton 40 2

-non-judicial 45 2

-local 46

Property

-operating cooperatives 10 4 , 40 7

Budget

-open to public 11

-set by the Grand Council 29 4

Canton

-monopoly 2 3

-rights of Canton 4 2 , 10

-Districts and capital 15

Assignment

-property 4

State Chancellery 32 3 , 43

Chef-lieu 15

Citizen/s

-equality of 1

-right to vote 16

-right of initiative 7 Bis

-bound to military service 8

-proposal by the 26 2

-component of district assembly 33

-Swiss domiciled in canton 8, 16, 33

Commissions

-School 18, 46 4 , 47

-of the Grand Council 29 Bis

Commons 4, 15, 19, 24

-monitoring by the Canton 10 2

-borders of the 27 2

Cf. Also Ecoles, Churches

Accounts 11 1

ConcuBinage 30 10

Confederation

-member of 1 1

-Federal law 14, 27 1

-Federal Census 22 2

-program agreements with 30 9

Public Law Corporation 3, 5

Council of State (cant.) 30, 31

-accept his election at 18

-election by the Landsgemeinde For the State Council 20 2

-member of the Grand Council 23

-convene meetings of the Grand Council 23 2

-prepare annual reports 29 2

-Presidency 32

-incompatibilities of functions 38, 44

Constitution 1, 2

-Revision 7 Bis , 26, 48

-constitutional rights 7 Bis

Belief

-freedom of 2, 3

Debates

-public courts 43

Decisions

-valid of the Council of State 31

-valid courts 43

-Government, monitor implementation 32

-the Grand Council, cf. Laws

Expense/s

-subject to mandatory referendum 7 Ter

-set by the Grand Council 29 4

-of parishes 46 5

Diplomacy 30 4

Districts 33-37

-number of 15

-represented at the cantonal court 20

-representation in the Grand Council 22

-number of Members 22

-borders of the 27

-consult the Presidents of 30

-assembly of 33, 34, 37, 38

-counsel of 36, 37

-office of conciliation by 38

Cf. Also District Courts

Home

-inviolable right 2

-conditions of establishment 14

-policy 16

Permissions

-guaranteed 2

-Federal 2, 7 3 , 8, 14

-Public Law Corporations 3

-real estate 4 2

-to submit wishes and claims 7

-initiative 7 Bis.7

-vote 7 2 , 16, 17, 33 1 , 46 1 ,

-right of scrutiny and intervention of the canton 10

-cantonal city 13

-public 16ss, 40

-from a fraction to the Grand Council 22

-members of the Council of State 25

-right of city 28

-districts 33 4 ,

-administrative 40

-social insurance 40

Ecoles 12, 46

-School board 18, 46, 47

-School communes 12, 18, 46

Equality

-citizens and before the law 2

Church/s 3, 5 1 , 46, 47

-election 18 1 ,

-parish council 18 1 , 46,

-monitoring on 30

Election/s 1

-participation 1

-register of electors 16

-obligation to accept an election 18

-the highest electoral authority 20

-right to the election of a Member of Parliament 22

-to the Grand Council 29

-members of the Grand Council 33

-proportional 22, 33

-Federal 33 4

Eligibility 20 2 , 35, 38

Education , cf. Ecoles

State

-sovereignty 1

-guarantees by the State 5

-state protection 5

-State budget and accounts 11 1 , 29 5

Executing

-Executive power Grand Council 7 4 , 27 1 ,

-Executive power Council of State 30 3 ,

-Government decisions 32, 37

Finance 11, 12, 28

-Director of Finance 20

-powers of the Grand Council 29

-powers of the Council of State 30

Function/s

-obligation 18

-limited duration 20 1

-incompatibility of 30, 38, 44

Officials 20

Borders

-districts and municipalities 27

Thanks 27

Grand Council 22-29 Bis

-approval by the 7 Bis , 7 Ter

-counterproject 7 Bis.4-5

-granting of the right of cantonal city 13

-appeal authority 18 3

-members of 20 2

-Elections for 22

-elections by 18, 29

-recourse 18

-Presidency 23 2 , 24 1 , 29 Bis

Hauptmann 33, 37

Taxes 9, 29

Incompatibility of functions 30, 38, 44

Compensation

-on transfers 4

Initiative 7 Bis

-right of every citizen 7 Bis

-from the Grand Council 26, 27

-partial revision of the Constitution 48

Judges

-natural justice 6

-judges by district 33

-conciliation judges 33

Cf. Also Tribunals

Judgement

-public 43

-civil and criminal cases 45

Landammann 20 2 , 31, 32

Landsgemeinde 1, 19-21

-decision on initiatives 7 Bis ,

-modification of the tax system 9

-agenda 26

-election of the Council of State 30

-Presidency 32 1

-Revision of the Constitution 48

Freedom 8

-full freedom 2

-of conscience and belief 3

-of the individual 2, 8

-expression 2, 10

-trade, traffic and industry 2

-freedom of establishment 22

Cf. Also Rights

Laws

-the right of the people and the citizen 1 2 , 7 Bis

-collection of 1 2

-equality before the law 2 1

-legislative authority 20

-through initiatives 7 Bis , 26

-publication of 1, 11 3

-execution of the 30

Lotteries

-township monopoly 2 3

Majority

-absolute 1

-to the Grand Council 7 Bis , 7 Ter , 26 3

Marriage 30 10 ,

Military

-on-call to service 8

Obligation

-military service 8

-participate in the Landsgemeinde And public constitutional assemblies 17

-accept his election 18

Parish/s Cf. Church

Registered partnership 30 10

Criminal//s 45

-Criminal judicial organisation 45

-Court of first instance in criminal cases 39

-Criminal Court 40

People

-sovereignty of the Landsg E Meinde 1

Police

-Director of 20

Power 21

-Legislative and supervisory 19

Procedure

-judicial proceedings 45

Property

-inviolable 4

-assignment of 4

Protection

-under the protection of State 5

Advertising/public

-public rights 16-18, 40 2

-Public constitutional assemblies 17

-meetings of the Grand Public Council 24

-state finances 11

-official publication 7, 34 2

-debate and public pronouncements 43

Report/s

-on the Offices of the Administration 21

-annual reports submitted by the Council of State 29

-of parishes 46

Federal Census 22 2

Revenue 28

Recourse 18, 24, 28, 30, 40 2

Referendum

-during the Landsgemeinde 7

-mandatory 1, 7 Bis/ter

-decision susceptible of 7 Ter

-optional 7 Ter

-request of 27

Religion 3, 46, 47

Representative (s) 30, 38

-vice - Landammann 20

-from each district to the cantonal court 20

-from the canton to the State Council 20 Bis

Meeting/Sec

-inviolable right of 2

-Place of meeting of the Grand Council 23

-first meeting of a new legislature 24

-of the Grand Council 24

Revision

-of the Constitution 26, 30, 48

-laws, ask for Landsgemeinde 7 Bis

Scrutin/sec 1, 33

-secret 1

Security

-heritage 5

Sovereignty 1

Statistics 22 2

Statthalter 19 2

Monitoring

-township 10

-by the Grand Council 29, 30

-on churches 30

-the Grand Council

-by the President of the Government 32

Tribunal/courts 38-45

-arbitral tribunals 6

-cantonal 18, 20, 29, 40

-appeal body 40 2

-annual report 29

-powers of the Grand Council towards the 29

-District 29 Bis , 33, 39, 40

-office and conciliation judge 33, 38

-debates/pronouncements 43

Cf. Incompatibility

Urgency

-of expenditure 7

Vote/Votations

-by hand lift 1

-in the secret ballot through the ballot boxes 1, 7

-right to vote 7, 16, 17, 33, 46

-submit to the vote on Landsgemeinde 7

-secret to the Grand Council 7 Ter

-voting objects at the Landsgemeinde Extraordinary 21


Accepted by the extraordinary Landsgemeinde of 24 Nov 1872, in force since 27 Apr. 1873. Ass Warranty. Fed. 23 Dec. 1872 (RO XI 80; FF 1872 III 832).


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 by the Landsgemeinde From 27 Apr. 2003, in effect since 27 Apr. 2003. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 3, 2004 5287).
4 Accepted by the Landsgemeinde Apr 24. 1949, in force since 24 Apr. 1949. Ass Warranty. Fed. Of the 29th. 1949 (FF 1949 II 591 353).


Status on March 11, 2015