Rs 131.222.2 Constitution Of The Canton Of Basel-Landschaft, 17 May 1984

Original Language Title: RS 131.222.2 Constitution du canton de Bâle-Campagne, du 17 mai 1984

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131.222.2 translation Constitution of the canton of Basel-country on 17 May 1984 (State March 11, 2015) the people of the canton of Basel-country, aware of being responsible before God, man, the community and the natural environment, resolved to protect the freedom and the right as part of its tradition and its democratic agenda, knowing that the strength of a community is measured by the well-being of the weakest of its members eager to facilitate development of man as an individual and as a member of the community, decided to strengthen the canton as a sovereign State in Confederation and to preserve its diversity, is given the following Constitution: Section 1: General provisions § 1 Role of the canton of Basel-Landschaft canton is a sovereign canton of the Swiss Confederation.
He is actively involved in the Organization of the Confederation and supports the central State in the performance of its tasks.
Its authorities act to make it a full-fledged canton having a full vote of the cantons and two representatives to the Council of States voting.

Accepted by referendum of June 12, 1988, in force since Nov. 1. 1989 guarantee of the SSA. fed. June 21, 1989 (1989 FF II 882 article 1 point 6, I 545).

§ 2 form of State democratic power resides in the whole of the people.
It is exercised by active citizens and the authorities.

§ 3 intercantonal and regional cooperation the authorities collaborate with other cantons and neighbouring foreign regions to carry out tasks of common interest.
They strive in particular to enter into agreements with the authorities of the canton of Basel-City, to create common institutions, to resolve the burden-sharing and to harmonize legislation.
Appropriate to establish rules for effective collaboration between the authorities.

§ 4 respect for the Constitution and the law all the authorities should respect the Constitution and the law.
Their actions must be guided by the public interest and be proportionate to their purpose.
The authorities and individuals act in accordance with the rules of good faith.

Section 2: Rights and duties of persons 1. Dignity human § 5 human dignity human dignity is inviolable.
Everyone must respect it and the noblest task of the State is to protect.

2. rights fundamental § 6 individual freedoms the State protects individual freedoms.
Are guaranteed in particular: a. the right to life, integrity of the body and the mind as well as the freedom of movement; b. the freedom of belief and conscience c. freedom of information, opinion and press; d. freedom of association, demonstration and meeting e. freedom of teaching, research as well as art; (f) the protection of the private domain of the secret posts and telecommunications as well as the home g. protection against data abuse; h. the right to marriage and the family; i. freedom of establishment; k. the right to free choice and the free exercise of a profession as well as the free exercise of an economic activity.

Property and property rights are protected. The canton and Commons encouraging the acquisition of property by individuals for their personal use.

§ 7 equal men and women are equal before the law.
No person shall in particular be prejudiced or take advantage of the fact of sex, birth, of his origin, race, social status, that of its philosophical, political or religious beliefs.

§ 8 equality between men and women the man and the woman have equal rights. The canton and the communes provide for equality.
All the rights this Constitution guarantees to people, all the duties that she imposes, as well as popular rights belong equally to men and women.

§ 9 protection legal everyone is entitled to legal protection. It is free for people of modest condition.
The canton and the communes promote knowledge of the law and the free dispensation of legal information.
The parties have, in all cases, the right to be heard and to obtain, within a reasonable time, a reasoned decision and remedies.
Anyone who is deprived of his freedom of movement, has the right: a. to be informed immediately and in understandable manner of the reasons for this measure and its rights; b. to be heard by an authority established by the law within the time after his arrest established by law; c. to consider deprivation of liberty by a court.

Approved by referendum on May 17, 2009, in force since Jan. 1. 2011 warranty of the SSA. fed. March 2, 2011 (FF 2011 2737 art. 1 ch. 2, 2010 7239).

§ 10 petitions to the authorities any person may, without that results in injury to him, present petitions or other requests to the authorities. They respond within a reasonable time.
Everyone can apply to the Ombudsman.

§ 11 retroactivity legislative acts cannot have retroactive effect when retroactivity extends too long or that it causes disproportionate loads.

§ 12 entry into force of the legislative acts legislative acts which are the subject of a popular vote, enter into force at the earliest next day of voting.
All other legislative acts come into force, as a general rule, at least eight days after they were regularly published.

§ 13 liability and damages the canton and the communes are responsible for the damage their bodies have done without the right.
They also say that their bodies have caused legally, if individuals suffer from serious harm and damage that we cannot ask them to bear alone.
Who is limited, so serious and unjustified in his personal freedom, was entitled to damages and compensation for moral wrong.
In case of expropriation or important restriction to the property, compensation corresponding to the restriction is paid.

§ 14 realization of fundamental rights fundamental rights must be made in all areas of the legal order.
Those who exercise their fundamental rights must respect the fundamental rights of others.
In particular, no one may infringe by abusing its dominant position.

§ 15 limit fundamental rights fundamental rights may be limited only when a preponderant public interest. They may not be achieved in their essence.
The limitations of fundamental rights require a legal basis; the more serious must be provided for expressly by law. Reserved cases of serious, clear and imminent danger.
The fundamental rights of people who are related to the State by a special relationship of dependence, may be limited, in addition, that to the extent where the public interest requires that justified the preparation of this report.
The arrests and seizure may be made only in the cases and forms provided by law. Torture and other treatment contrary to human dignity are certainly not eligible.

3. rights social § 16 warranty of the means necessary for the existence and security social everyone has the right to receive aid and assistance in situations of distress as well as the necessary means to lead a life consistent with human dignity.
The canton and the communes in particular protect people who need assistance because of their age, their State of health as well as their economic or social situation.

§ 17 right to training, to work, to housing as part of their expertise and available resources and to complement the efforts under the responsibility and personal initiative, the Township and municipalities shall ensure that: a. everyone can get training that matches skills and tastes, at any age, and to participate in cultural life; b. everyone can at reasonable conditions, responsible for its maintenance by his work; c. each receive equal pay for equal work and benefits paid vacation and adequate rest; d. everyone, on reasonable terms, decent housing and, as a tenant, either protected against abuses.

4. rights of city § 18 Acquisition and loss the law rule the acquisition and loss of the cantonal and communal city.

§ 19 naturalization easier under federal law, the law can grant a right to naturalization.
Naturalization may not be made more difficult by disproportionate charges.

5 homework personnel § 20 personal homework each must fulfil the duties imposed by the legal order of the Confederation, the canton and commune.

Section 3: Popular rights 1. Voting section 21 Conditions the right to vote is guaranteed.
The right to vote anyone who has Swiss nationality, is under 18 years of age, has his political home in the canton of Basel-country and is not prohibited due to mental illness or weakness of mind.
The law regulates the right to vote of the Swiss from abroad and in the common bourgeois.

§ 22 content active citizens have the right:

a. to participate in referendums and municipal; b. to present lists, participate in elections and to be elected to positions public; c. to launch and signing popular initiatives and referendum requests.

Any active citizen has right to that, elections and voting, the will of all the active citizens can be determined reliably and express themselves without deformations.

§ 23 exercise the right to vote is vested in the town of home. The law regulates the exceptions.
Anyone who has Swiss citizenship, acquires the right to vote in cantonal and communal area at the time of its establishment.
The secrecy of the vote must be preserved during elections and voting through the ballot box.
The canton and the communes ensure that the right to vote can be exercised without undue complications.

2 Elections by the people § 24 Elections in bodies of the Confederation people elects representatives of the canton of Basel-Landschaft to the national Council and the Council of States through the ballot box.
Members of both Councils are elected for the same duration.

§ 25 Elections in the County and district bodies the people elected through the ballot box: a. the great Council; (b) the Council of State; c. the civil courts of circle; d. the justices of the peace.

The law may provide for other elections by the people.

Accepted by referendum of June 17, 2012, in force since April 1. 2014 guarantee of the SSA. fed. Sept. 23. 2013 (FF 2013 7047 art. 1 ch. 3-3447).

§ 26 Municipal Elections the people elected through the ballot box: a. the general Council or municipal Committee; (b) the Municipal Council; c. the president of municipality.

The Act or the municipal regulations may provide for other elections through the ballot box or by the Municipal Assembly.
Municipalities may provide in their rules that members of their authorities are not immediately eligible for re-election in their charge, if they have already exercised it for a fixed period.

Accepted by popular vote on Feb 7. 1999, in effect since Sept. 1. 2000 guarantee of the SSA. fed. June 14, 2000 (FF 2000 3419 art. 1 3 1048 points).

§ 27 voting system the Grand Council and the General Councils are elected according to the proportional representation system.
For all other authorities, we apply the majority unless the municipal regulation prescribes the system of proportional representation.

3 initiative popular § 28 principles 1500 active citizens may, by an initiative written or not written, constitutional or legal provisions are enacted, amended or repealed.
The drafted initiative contains a written project. It is filed as constitutional initiative or legislative initiative.
By an initiative not drafted, the signatories ask the Grand Council to draft in line with the wishes of the initiative.
The initiative to a total revision of the Constitution may contain guidelines or project.
The right of active citizens to place initiatives on Commons is regulated by the provisions of the Act and the municipal regulations.

§ 29 procedure General Council declares invalid the initiatives impossible or manifestly contrary to the law.
Written initiatives are subject to the vote of the people within a period of 18 months without any change of form and content. The law regulates the exceptions and the consequences of failure to comply with this deadline.
If the Council does not approve an initiative not written, the latter is submitted within two years to the vote of the people. If the people or the Grand Council approves the initiative, the Grand Council submits to the people within two years a project that made. It determines if the text will be constitutional or legal degree.
The Grand Council can oppose any initiative a counter-proposal.

Accepted by referendum on Dec. 2. 2001, in force since Jan. 1. 2002 SSA warranty. fed. Sept. 23. 2002 (FF 2002 II 6133 art. 1 ch. 5-3304).

4 popular votes § 30Votations required are submitted to the vote of the people: a. changes to the Constitution and international treaties which alter the constitution; b. laws and international treaties which contain provisions of legal, if they were adopted by a majority that is less than the four-fifths of the members of the Grand Council or if it decides , by order separated, submit them to the obligatory referendum; c. written initiatives and the counter-plans which their opposed; d. initiatives not written that the Grand Council refuses, counter-plans he opposes them and the legislative acts it develops on the basis of an initiative not made; e. the decisions of the Municipal Assembly or Council in accordance with the provisions of the Act and the municipal regulations.

Adopted by popular vote on June 7, 1998, in force since Jan. 1. 2000 guarantee of the SSA. fed. June 10, 1999 (FF 1999 4784 art. 1 ch. 4-2299).

§ 31 optional votes are submitted to the vote of the people at the request of 1500 active citizens: a. the decisions taken by the Grand Council in plans which are binding, are of fundamental importance and are exposed to the optional referendum according to the Constitution or the law; (b) the decisions of the Grand Council on spending new and unique more than 500,000 francs or on new spending repeating each year more than 50,000 francs; (c) the laws and international treaties which contain provisions of legal level, if they are not subject to the obligatory referendum.

The application must be filed within eight weeks following publication.
The decisions of the Municipal Assembly and the general Council are subject to optional referendum in accordance with the provisions of the Act and the municipal regulations.

Approved by referendum of June 7, 1998, in force since Jan. 1. 2000 guarantee of the SSA. fed. June 10, 1999 (FF 1999 4784 art. 1 ch. 4-2299).

§ 32 special votes of the popular votes can be held on questions of principle that arise in the development of constitutional and legal provisions and in relation to decisions on plans. Variations may be made.
When they develop projects, the authorities are bound by the results of the voting that took place on matters of principle.
During votes on legislative acts or decisions, voting may wear both on the whole of the Act or of the decision and on these isolated provisions.

§ 33 procedure during votes on several objects the law regulates the procedure during votes on several items, especially when voting on an initiative with a counter-proposal and during votes on matters of principle with variants.
The following guidelines must be met: a. the procedure must be simple and understandable and exclude abuse; b. by its vote, the active citizen must be able to tell which of the various objects he prefers.

To be accepted, an object must have received a majority of the valid votes.

5. participation in the formation of § 34 Consultation the public opinion is informed in time when developing legislative acts or decisions of the Grand Council. Interested parties will be heard in the appropriate forms. Everyone can make proposals.
With respect to projects subject to referendum, political parties and interested organizations are consulted.
The Council of State provides balanced information of active citizens.

§ 35 parties and political parties and political organizations helps shape opinion and the will of the people.
The Township supports political parties in this task provided that their organisation complies with the principles of democracy, to establish that they have a regular and comprehensive activity in an important part of the canton, and that they report publicly the origin and the use of their resources.

6. warranty of popular rights § 36 Delegation of powers the legislature cannot delegate to other organs jurisdiction to enact Basic or important provisions.
The Grand Council or, exceptionally, the Council of State may be empowered by law to give final judgment on expenses. Are excepted expenditures representing investments which exceed the amount of one million francs.

§ 37 judicial review any active citizen can appeal to the Constitutional Tribunal for violation of the right to vote.
In particular, can be attacked: a. the violation of the right to vote; b. the preparation or the irregular conduct of elections or votes; c. failure of popular initiatives by the Grand Council; d. the inadmissible delegation of powers of the people to other organs.

7. § 38 the law enforcement provisions enforcement provisions contains more specific provisions on the content and the exercise of people's rights as well as political parties.

Section 4: Structure of block 1. Territory of the canton and § 39 territory of the canton capital the canton of Basel-country includes the territory is guaranteed by the Swiss Confederation.
Changes to the cantonal territory should be subject to a popular vote.

Rectification of boundaries must be approved by the Grand Council.

§ 40 capital the capital of the canton of Basel-Landschaft is Liestal.
The Grand Council, the Council of State and the cantonal court headquartered in Liestal.

Accepted by referendum of 10 June 2001, in force since April 1. 2002 SSA warranty. fed. Sept. 23. 2002 (FF 2002 II 6133 art. 1 ch. 5-3304).

2 districts and circles § 41Districts districts are territorial organizations that are responsible to perform public tasks.
The canton includes the districts of Arlesheim, Laufen, Liestal, Sissach and Waldenburg.
The law regulates membership of the Commons to the districts. The Commons cannot be assigned to another district with their agreement.

Accepted by referendum of June 17, 2012, in force since Jan. 1. 2014 guarantee of the SSA. fed. Sept. 23. 2013 (FF 2013 7047 art. 1 ch. 3-3447).

§ 42Cercles of civil justice the canton is divided into two circles of civil justice.
The law regulates the distribution of the cantonal territory between these two circles of civil justice.

Accepted by referendum of June 17, 2012, in force since April 1. 2014 guarantee of the SSA. fed. Sept. 23. 2013 (FF 2013 7047 art. 1 ch. 3-3447).

§ Election 43Cercles elections and the cantonal popular votes are held in some constituencies within the districts.
The election of the members of the civil courts of circle is organized within these circles.
The law regulates tasks, the number and the Organization of the electoral circles and circles of civil justice.

Accepted by referendum of June 17, 2012, in force since April 1. 2014 guarantee of the SSA. fed. Sept. 23. 2013 (FF 2013 7047 art. 1 ch. 3-3447).

3. common § 44 Role and tasks the communes are autonomous corporations under public law.
Municipal Commons perform the tasks of local importance insofar as they are outside the jurisdiction other organizations, as well as the tasks that are delegated to them by the canton.
The common bourgeois confer citizenship, stimulating cultural life, administer the bourgeoisiaux property and exploit their forests. They collaborate with municipal Commons.
When there is no civic, it is the municipal town which confers the right of citizenship.

§ 45 autonomy within the limits of the Constitution and the laws, municipalities have the jurisdiction to organize themselves, to elect their authorities to engage their employees, to perform their own duties at their discretion and to administer public affairs independently reporting to them.
All the cantonal bodies respect and protect the independence of the Commons. The legislature grants to these recent freedom of action possible.
The Council of State oversight over Commons.

Accepted by popular vote from 23 nov. 1997, in force since April 1. 1998. guarantee of the SSA. fed. June 10, 1999 (FF 1999 4784 art. 1 ch. 4-2299).

§ 46 existence the meeting and the division of municipal Commons must be approved by the communes or parts of communes concerned in a vote at the polls and regulated by law.
The boundary changes must be approved by the municipalities concerned in a vote at the ballot box as well as by the Grand Council.
Rectification of boundaries between municipal Commons must be approved by the State Council.
A civic can merge with a municipal commune where the two decide through the ballot box. The civic's decision must be taken by a majority of two thirds of the voters.
When there is no civic, such municipality may be created by a vote at the ballot box if the municipal commune and two thirds of the bourgeois voting so decide.

Accepted by popular vote from nov 27. 2011, in force since Jan. 1. 2012 warranty of the SSA. fed. 11 March 2013 (FF 2013 2337 art. 1 c. 2 193).
Accepted by popular vote from nov 27. 2011, in force since Jan. 1. 2012 warranty of the SSA. fed. 11 March 2013 (FF 2013 2337 art. 1 c. 2 193).

§ 47 organization within the limits of the Constitution and laws, municipal Commons determine their organization in a municipal regulation.
According to the local ordinary, popular rights are exercised through the ballot box and in Municipal Assembly, according to the extraordinary communal organization, through the ballot box and by the general Council.
The Municipal Council is the highest executive authority. He leads the administration.

§ 48 collaboration Township encourages collaboration between municipalities.
To accomplish tasks determined, municipalities can conclude agreements with other municipalities of the canton, or external to the canton, form trade unions of municipalities and maintain institutions and common administrative services. The creation of unions of municipalities and institutions, as well as their regulations must be approved by the State Council.
The Grand Council may exceptionally require municipalities to join trade unions of municipalities existing or to form new ones.
The rights of citizen participation in the Association of communes must be preserved.

§ 49 participation in canton five municipal communes may apply: a. constitutional or legal provisions are enacted, amended or repealed; b. an optional referendum to be organized.

Popular initiatives and referendum of the people claims provisions are applicable with respect to the conditions and the procedure.
During the preparation of legislative acts or decisions of the Grand Council and the Council of State, the communes concerned will be heard in time.

Section 5: Cantonal authorities and their functions 1. General provisions § 49aPrincipe members of the cantonal authorities are elected for a term of office.
Employees of the canton are, in principle, hired on the basis of a contract under public law, if the Constitution or the law does not provide the elected or appointed for a term of office.

Accepted by popular vote from 23 nov. 1997, in force since April 1. 1998. guarantee of the SSA. fed. June 10, 1999 (FF 1999 4784 art. 1 ch. 4-2299).

§ 50Conditions eligibility or any active citizen engagement is eligible to the Grand Council, the Council of State and the courts.
The law may provide that the election to other duties is subject to active citizenship.
It may set other conditions for the election or commitment.

Accepted by popular vote from 23 nov. 1997, in force since April 1. 1998. guarantee of the SSA. fed. June 10, 1999 (FF 1999 4784 art. 1 ch. 4-2299).

§ 51 incompatibilities of members of the Grand Council and the Council of State, the mediator as well as judges, deputy judges, the clerks and clerks of the District Court may be part of one of these authorities.
Judges, clerks of the courts of first instance, the members of the authorities of the autonomous cantonal agencies and senior employees of the cantonal administration cannot be part of the Grand Council.
The law regulates the details.

Accepted by referendum of 10 June 2001, in force since April 1. 2002 SSA warranty. fed. Sept. 23. 2002 (FF 2002 II 6133 art. 1 ch. 5-3304).
Accepted by popular vote from 23 nov. 1997, in force since April 1. 1998. guarantee of the SSA. fed. June 10, 1999 (FF 1999 4784 art. 1 ch. 4-2299).

§ 52incompatibilites between parents and allies can belong simultaneously to the same authority, Grand Council except: a. parents and their children; b. the brothers and sisters; c. the spouses; d. grandparents and their grandchildren; e. brothers-in-law and the sisters-in-law f. in-laws and their son-in-law or daughter-in-law; g. registered partners; h. people living under the regime of the registered partnership and the brothers and sisters of the these people partner; i. the father and mother the people living under the regime of the registered partnership and the partner of these people; k. people living under the regime of the registered partnership and the children of these people partner.

Adopted by popular vote on March 11, 2007, in force since June 1, 2007. Guarantee of the SSA. fed. March 6, 2008 (FF 2008 2273 art. 1 ch. 4, 2007 7197).

§ Administrative 53periode the term of office is four years for authorities and employees who are elected.

Accepted by popular vote from 23 nov. 1997, in force since April 1. 1998. guarantee of the SSA. fed. June 10, 1999 (FF 1999 4784 art. 1 ch. 4-2299).

§ 54 term limits who is part of the Grand Council during four successive periods is not eligible for the next period.
Incomplete periods are treated as complete periods.

Adopted by popular vote on March 5, 1989, in force since July 1. 1989 guarantee of the SSA. fed. Dec 4. 1989 (FF 1989 III 1627 art. 1 c. 2 719).

§ 55publicite the debates of the Grand Council and the courts are public. The law determines the exceptions.

Accepted by popular vote from nov 27. 2011, in force since Jan. 1. 2013. guarantee of the SSA. fed. 11 March 2013 (FF 2013 2337 art. 1 c. 2 193).

§ 56Information the authorities inform the public about their activity.
Any person may have access to information in the possession of the authorities.

The law regulates the details, in particular the protection of public and private interests.

Accepted by popular vote from nov 27. 2011, in force since Jan. 1. 2013. guarantee of the SSA. fed. 11 March 2013 (FF 2013 2337 art. 1 c. 2 193).

§ 57 official language the official language is German.
Administrative services of the canton and the communes and authorities also accept applications written in another official language of the Confederation.

§ 58 challenge members of the authorities and employees to reject in affairs that concern them directly.
The obligation to recuse himself applies to one who is called to prepare a decision to give advice or make a decision.

Accepted by popular vote from 23 nov. 1997, in force since April 1. 1998. guarantee of the SSA. fed. June 10, 1999 (FF 1999 4784 art. 1 ch. 4-2299).

§ 59 promise on their entry into service, the members of the authorities promise to respect the Constitution and the laws.

§ 60 responsibility the law rule the responsibility of the members of the authorities and employees for the canton and the communes.
Members of the Grand Council cannot be prosecuted for their statements in the Grand Council and its committees. However, the Grand Council may lift this immunity by a majority of two thirds of the members present if it is actually a clearly improper use.

Accepted by popular vote from 23 nov. 1997, in force since April 1. 1998. guarantee of the SSA. fed. June 10, 1999 (FF 1999 4784 art. 1 ch. 4-2299).

2 grand Council § 61 Role the Grand Council is the legislative authority of the canton. The senior oversight over all the authorities and bodies which perform cantonal tasks.
II consists of 90 members.

Accepted by popular vote on Sept. 22. 1991, in effect since Jan. 1. 1994. guarantee of the SSA. fed. June 9, 1993 (1993 FF II 1069 art. 1, I 965).

§ 62 independence members of the Grand Council deliberate and vote without instructions.
They must make public their obligations to advocacy groups.

§ 63 legislation. the Grand Council enacts all basic and important provisions into law.
The laws are the subject of two readings.
The Grand Council can enact enforcement as a decree provisions insofar as a statute expressly authorizes. The decrees are not subject to the referendum.
Laws whose implementation doesn't suffer any delay can be implemented immediately if the Council so decides by a majority of two thirds of the members present. The referendum will be held within six months following the entry into force.

§ 64 treaties General Council approved: a. subject to the referendum Treaty; (b) all other treaties to the extent where the law does not allow the State Council to conclude them alone.

If the treaties require changes in the Constitution or laws, the Grand Council makes these changes as it approves treaties.
During the preparation of important treaties to be submitted for its approval, it may establish committees that advise the Government during negotiations.

§ 65 planning the Grand Council approves basic plans on the activities of the State, in particular government program and financial. It enacts the cantonal master plans, given approval links the Grand Council and all the authorities concerned. Any deviation from the plan requires an amendment to the plan.
Grand Council takes note of the annual programme of the Council of State.

§ 66 General Council financial decisions: a. Decides new expenditures, subject to the rights of the people; b. stop the budget within the limits of the financial plan; c. Approves the accounts of the State.

§ § 67 67. Other awards the Grand Council a. Approves the annual reports of the Council of State, the cantonal courts and the autonomous administrative bodies; b. may exercise the rights of participation that the Federal Constitution grants the cantons; c. adjudicates conflicts of competencies insofar as this is not a court; d. rule treatments, annuities and pensions paid by the canton; e. elects for a year the President and the vice-president of the Government as well as , for a period administrative, the president, the vice-president and the other members of the courts of the canton, the State Chancellor, the mediator and federal jurors; f. gives the right to cantonal foreigners City; (g) exercises the rights of grace and amnesty.

The law may grant other powers to the Grand Council.

§ 68 General Council constitution designates its Chairman and its Vice-Chairman among its members, for a period of one year.

§ 69 commissions and groups the Grand Council may appoint committees from among its members to prepare its discussions.
The law may transfer defined competencies of the Grand Council to the commissions.
Members of the Grand Council may form groups. Contributions can be made to groups as well as meetings of members which are not composed of a sufficient number of members to form a group.

§ 70 organization and procedure the law regulates the broad outlines of the Organization of the Grand Council and its relationship with the Council of State and the Supreme courts.
The Grand Council regulation contains other provisions of organization and procedure.

3 Council of State and administration § 71 Role the State Council is the Authority Executive and the highest executive authority in the canton.
It consists of five members.

§ 72 incompatibilities the members of the Council of State cannot engage in any remunerated private activity. They can work for companies to profit as representatives of the canton.
One member of the Council of State can be part of the Federal Assembly.

§ 73 Planning Council of State determines the goals and the main means of action by the State. It plans and coordinates the activities of the State.
At the beginning of each legislature, he established a program of Government and a financial plan and reported at the end of the legislature on their achievement.
It sets annual goals and major tasks of the Council of State and administration in the annual programme and gives knowledge to the Grand Council at the same time that he submits the budget.
The powers of the electoral body and the Grand Council are reserved.

§ 74 legislation the State Council submits to the Grand Council of draft constitutional amendments, laws and decrees.
It enacts Ordinances on the basis and within the laws and treaties insofar as the law does not permit exceptionally the Grand Council to enact the implementing provisions.
It may also issue orders to prevent or put an end to current or impending enforcement or security public disturbances or to deal with situations of need. Such orders must be submitted immediately to the approval of the Grand Council. They cease to have effect at the latest one year after have come into force.

§ 75 financial decisions the Council of State is allowed to decide spending new and unique up to an amount of 50,000 francs and to take out loans as part of the financial plan and budget.
It has financial assets.
The rules on expenses skills apply to the financial participations in companies under private law insofar as these interests are not only investments.

§ 76 direction and administration the Council of State is the head of the cantonal administration. It oversight over other institutions who take public tasks.
He ensures that the administration will act in accordance with the law and effectively determines, within the limits of the Constitution and the laws, the sound organization of the administration.
It shall act to the extent provided by the law on administrative appeals.
It does not apply to the legislative acts that are contrary to federal law, cantonal constitutional law or cantonal laws.

§ § 77 77 Other powers the Council of State a. maintains order and public security; b. represents the canton inside and outside; c. maintains relations with the authorities of the Confederation and other cantons; d. concludes alone, within its jurisdiction, the treaties and administrative agreements; e. proceeds to the elections or appointments, insofar as these are not competence of other bodies; (f) gives the right to Canton in the Swiss city.

The law may grant other powers to the Council of State.

§ 78 collegial authority the State Council takes its decisions collegially.
The president of the Government assumes the Presidency. He directs the work and fills Government bonds.
The Act may delegate to the president of the Government of the defined decision-making powers of the Council of State.

§ 79 cantonal cantonal administration consists of five directorates and the State Chancellery.
Each Member of the Council of State is the head of a direction.
The State Chancellery serves as general coordination service in the Grand Council and the State Council. It is headed by the State Chancellor.
The law determines the administrative functions to accessory character to which all active citizens are eligible.


Accepted by referendum of June 17, 2012, in force since Jan. 1. 2014 guarantee of the SSA. fed. Sept. 23. 2013 (FF 2013 7047 art. 1 ch. 3-3447).

§ § 80 80 Other institutions performing public tasks the law may create autonomous administrative bodies.
To fulfil its tasks, the canton may participate in trade unions, municipalities and public institutions or mixed economy.
It can transfer administrative administrative agencies autonomous, in the Commons, to mixed-economy companies intercantonal or intermunicipal companies, organizations as well as private law organizations.
The legal protection of citizens and the monitoring by the Grand Council and the State Council must be guaranteed in each case.

§ 81 organization and procedure law rule: a. outline of the Organization of the Council of State and the cantonal administration; b. the outline of the personnel law; (c) the procedure and administrative justice.

Other organizational and procedural provisions contained in the regulation of the Council of State and in orders.

Approved by referendum on Nov. 23. 1997, in force since April 1. 1998. guarantee of the SSA. fed. June 10, 1999 (FF 1999 4784 art. 1 ch. 4-2299).

4. § 82 Role and independence courts all courts are subordinate to the law and are independent in their decisions.
They direct the administration of Justice. The law may allow them to enact the implementing provisions.
The cantonal court represents the courts in relation to other authorities.

Accepted by referendum of 10 June 2001, in force since April 1. 2002 SSA warranty. fed. Sept. 23. 2002 (FF 2002 6133 art. 1 ch. 5-3304).
Accepted by referendum of 10 June 2001, in force since April 1. 2002 SSA warranty. fed. Sept. 23. 2002 (FF 2002 6133 art. 1 ch. 5-3304).

§ 83 civil court civil jurisdiction is exercised by Justices of the peace; b. by civil courts of circle; c. by the cantonal court.

The law may submit disputes determined to special courts.
The arbitral court litigation to pecuniary character is recognized. Arbitral awards may be referred to the courts of the canton in accordance with the law.

Accepted by referendum of June 17, 2012, in force since April 1. 2014 guarantee of the SSA. fed. Sept. 23. 2013 (FF 2013 7047 art. 1 ch. 3-3447).
Approved by referendum of 10 June 2001, in force since April 1. 2002 SSA warranty. fed. Sept. 23. 2002 (FF 2002 6133 art. 1 ch. 5-3304).

§ Criminal 84Justice criminal jurisdiction is exercised by the Criminal Court; (b) the juvenile court; c. the measures of constraint Court; d. the cantonal court.

The criminal prosecution authorities are the police, the public prosecutor and counsel for minors.
The law regulates the competence of administrative services and the local authorities to impose fines.

Accepted by popular vote on May 17, 2009, in force since Jan. 1. 2011 warranty of the SSA. fed. March 2, 2011 (FF 2011 2737 art. 1 ch. 2, 2010 7239).

§ Administrative 85Juridiction administrative jurisdiction is exercised by: a. the Tribunal in tax matters and the expropriations; b. abrogeec. abrogeed. the cantonal.e Court. the Court of measures of constraint.

The cantonal court adjudicates conflicts of skills between it administrative authorities.

Accepted by referendum of 10 June 2001, in force since April 1. 2002 SSA warranty. fed. Sept. 23. 2002 (FF 2002 6133 art. 1 ch. 5-3304).
Approved by referendum Nov. 28. 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. March 6, 2012 (FF 2012 3603 art. 1 ch. 3, 2011 7403).

§ 86 Constitutional Court constitutional jurisdiction is exercised by the cantonal court.
As a Constitutional Court, the cantonal court knows: a. remedies for violation of the constitutional rights, in particular of human rights and popular rights; b. conflict of competence between the canton and the communes or municipalities between them; c. remedies for violation of municipal self-government. Cannot be attacked: a. constitutional provisions and laws, except their acts of application; (b) the decisions of the Grand Council and the Council of State, for which the federal law or the law are an exception; c. the urgency of a law clause.

Accepted by referendum of 10 June 2001, in force since April 1. 2002 SSA warranty. fed. Sept. 23. 2002 (FF 2002 6133 art. 1 ch. 5-3304).
Accepted by referendum of 10 June 2001, in force since April 1. 2002 SSA warranty. fed. Sept. 23. 2002 (FF 2002 6133 art. 1 ch. 5-3304).

§ 87 organization and procedure law sets the broad outlines of the Organization and the competence of courts and proceedings before the latter. A fast and safe procedure process must be guaranteed.
A court may be divided into several rooms and be engaged in several levels of jurisdiction.
The cantonal court oversight over the courts of the canton and shall report annually to the Council.
The law regulates the conditions and the competence for the election of the extraordinary members of the courts.

Accepted by referendum of 10 June 2001, in force since April 1. 2002 SSA warranty. fed. Sept. 23. 2002 (FF 2002 6133 art. 1 ch. 5-3304).
Accepted by referendum on Dec. 2. 2001, in force since Jan. 1. 2002 SSA warranty. fed. Sept. 23. 2002 (FF 2002 6133 art. 1 ch. 5-3304).
Accepted by referendum of 10 June 2001, in force since April 1. 2002 SSA warranty. fed. Sept. 23. 2002 (FF 2002 6133 art. 1 ch. 5-3304).

5. § 88 Role and independence the Ombudsman Ombudsman ensures that the administrations of the canton and Commons, and justice work in accordance with the law, correct and judicious.
It is not bound by instructions from other authorities.
Its function is not compatible with the exercise of any other profession or industry or with a prominent position in a political party.

§ 89 tasks the Ombudsman made known its opinion of appropriately on business that it has examined and strives above all to resolve amicably.
He can criticize, report defects of positive law and make recommendations. It cannot modify or repeal legislative or administrative acts.
He has the right to consult the records and to request all necessary information. He is sworn to secrecy as authorities or the employees involved.
It shall report to the Council at least once per year.

Accepted by popular vote from 23 nov. 1997, in force since April 1. 1998. guarantee of the SSA. fed. June 10, 1999 (FF 1999 4784 art. 1 ch. 4-2299).

Section 6: Public tasks 1. § 90 constitutional basic principles a constitutional amendment is necessary so that the canton can assume a new cantonal task which the federal law does not impose the execution. It is submitted to the people at the same time as the legal enforcement.

§ 91 collaboration the canton works with the Commons in the execution of public tasks.

2. public safety and precautions for disasters § 92 public safety the canton and the communes ensure public order and safety.

§ 93 precautions for the canton and the communes disasters take precautionary measures for disasters and to ensure the functioning of the main services of the State in situations of need.

3 training and culture § 94 principles regarding the school system school ensures, in conjunction with parents, that students receive an education and training that correspond to their provisions and their skills. The subjects taught are the same for girls and boys.
Relations between authorities, school, teachers, students and parents are based on mutual respect for rights and the personality of each.
The law regulates the participation of parents, teachers and students.
All the schools is subject to the monitoring of the canton.

§ 95 school attendance school attendance is compulsory for children whose age is well within the limits set by law.
Education in public schools is free for residents of the Township. The law determines the exceptions.
Attendance at public schools must be possible without result of violations of freedom of belief and conscience.
The canton and the communes encourage the integration of disabled children in society by providing education adapted to their disability to their intention.

§ 96 schools the law determines who is responsible for public schools and other public institutions for education or vocational training.
The canton supports municipalities in the performance of their tasks in school subject.
It can enter into treaties with other cantons and maintain schools and institutions in common with them.

§ 97 vocational training and adult education the canton guarantees and supports vocational training and continuous.
He supervises about vocational training and encourages the acquisition of a general culture by apprentices.
The canton and the communes encourage the training of adults.


§ 98 high schools and special schools canton pays a fair contribution in favor of high schools and specialized Swiss schools as well as in support of scientific research.
It ensures access to universities and specialized schools Swiss.
He participated, within the limits provided by law, at the University of Basel.

§ 99 private schools private schools are subject to the supervision of the canton.
It can support private township or outside schools in the canton.

§ 100 countervailing measures school officials shall take compensatory measures in favour of disadvantaged children due to the situation of their home, due to a disability or for social reasons.
The canton provides scholarships and training loans.

§ 101 culture the canton and the communes, encourage artistic and scientific creation and promotion and cultural activities.
They strive to make accessible to all discoveries and production artists and scientists.
They can maintain cultural non-profit institutions and support these efforts in order to promote the development of leisure.

§ 102 of the nature protection and landscape the canton and Commons encourage the protection of nature and the landscape and the conservation of historical monuments.
They protect the sites that deserve to be kept as well as natural monuments and cultural property.

4. Security social § 103 welfare the canton and communes, in collaboration with private organizations, take care of people who need help.
In particular, they strive to prevent situations of social distress, remove the causes and to erase the consequences. They encourage measures that take themselves out of business.
They can create or support institutions pension and assistance as well as complete the Confederation on social security benefits.

§ 104 work within the limits of federal law, the canton enacts regulations on work reports and on the protection of workers.
The canton and the communes are taking measures to prevent unemployment and alleviate its consequences.
The canton takes and supports measures to promote retraining.
It can act as a mediator in the event of dispute between the social partners.

§ 105 disabled the canton and the communes encourage, in collaboration with organizations for the disabled, the professional and social integration of the disabled.
§ 106 housing the canton and the communes may grant facilities to rent.
Commons help those seeking shelter, and they take care of the homeless.
The Township maintains a conciliation commission for disputes concerning leases.

Accepted by popular vote of 19 October. 2003, in force since Nov. 1. 2003 guarantee of the SSA. fed. of 6 October. 2005 (FF 2005 5625 art. 1 3 2715 c.).

§ 106aEncouragement of the home ownership housing for personal use and non-profit housing canton encourage housing construction, acquisition of housing intended for the personal use of private individuals and the achievement of housing by owners of public utility. It takes into account the principle of using measured soil by densification of buildings and encourage housing adapted to older people.
It adopts in particular, to the owners of public utility, provisions establishing incentives for the construction and acquisition of housing cheaply in the canton and the provisions on the financing of the real estate renovation in the canton, including in the areas of savings of energy and protection of the environment.
It regulates in particular the rebates granted at the first acquisition in the canton of a dwelling occupied by its owner as well as owners who live in their dwelling whose other income and capital not invested in the land are in a report of sustainable imbalance compared to their landed property maintenance costs and mortgage interest.
It adopts in particular, to the dwellings inhabited by their owners, provisions establishing incentive measures in favour of the constitution of savings related to invest in buying a first home in the canton and the provisions on the funding of the saving energy and environmental protection measures for the existing home ownership in the canton.
It adopts in particular provisions on the reasonable estimate of the rental value.

Accepted by popular vote of 19 October. 2003, in force since Nov. 1. 2003 guarantee of the SSA. fed. of 6 October. 2005 (FF 2005 5625 art. 1 3 2715 c.).
Accepted by popular vote of the 9 Feb. 2014, in force since March 1, 2014. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 art. 1 ch. 5, 2014 8899).
Accepted by popular vote of the 9 Feb. 2014, in force since March 1, 2014. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 art. 1 ch. 5, 2014 8899).
Accepted by popular vote of the 9 Feb. 2014, in force since March 1, 2014. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 art. 1 ch. 5, 2014 8899).
Accepted by popular vote of the 9 Feb. 2014, in force since March 1, 2014. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 art. 1 ch. 5, 2014 8899).
Accepted by popular vote of the 9 Feb. 2014, in force since March 1, 2014. Guarantee of the SSA. fed. March 11, 2015 (FF 2015 2811 art. 1 ch. 5, 2014 8899).

§ 107 family, youth, older people, the canton and the communes protect family, parenthood and motherhood.
They're, in collaboration with private organizations, the needs of youth and the elderly.

§ 108 foreigners the canton and the communes promote, in collaboration with private organizations, welfare and the integration of foreigners.

§ 109 nomads Township and municipalities help the nomads to find parking.

5 health § 110 principles everyone is responsible for in the first place itself of maintaining his health.
Health insurance is mandatory within the limits set by law.
The canton creates conditions in order to provide sufficient medical care for the population and provides for public hygiene.
It monitors and coordinates the health services.

§ 111 tasks the canton takes, in collaboration with the Commons, neighbouring cantons and individuals, measures to maintain and restore health as well as to care for people who have long-term care needs.
He maintains medical institutions, monitors the private clinics and coordinates the various hospital structures.
The canton and the communes provide to the population, in collaboration with individuals, ambulatory medical care. Commons encourage home care and nursing care.
The canton provides training for hospital staff, participates in the teaching of medicine and regulates the exercise of the medical professions.
The canton and the communes encourage general sports activities.

6. environment and energy § 112, principles of the protection of the environment the canton and the communes strive to establish a long-term balance between, on the one hand, the natural forces and their faculties of renewal and, on the other hand, their use by humans.
They protect man and his environment against harmful and unpleasant attacks.
Include the purity of the land, air and water, to keep the beauty and originality of the landscape, to protect the flora and fauna by the provision of sufficient space and limit noise.
The Township encourages the use of technologies that save the environment.

§ 113 waste water and waste the canton and the communes ensure that wastewater are derived and eliminated waste in a way which saves the environment. The person or company that produced wastewater and waste also assumes this obligation.
Waste must be recycled insofar as this is possible and appropriate.

§ 114 supply water the Township shall meet the regional needs in water. It can transfer this task to a third party.
Onus is on Commons to ensure the supply of water on their territory. They are in particular responsible for the distribution of water.

§ 115 supply energy the canton and Commons encourage energy supply that is safe, economically optimal and respectful of the environment, as well as a measured and economic use of the latter.
The canton shall issue a design that contains the principles of cantonal energy policy. He shall ensure that no nuclear power plant operating according to the principle of nuclear fission, no facilities for the reprocessing of nuclear fuel and no deposit waste moderately and highly radioactive to be erected in the canton or in its vicinity.
The canton and the communes can participate in facilities for the energy supply and, if necessary, build and operate such facilities themselves.


2 sentence accepted by popular vote on Nov. 4. 1984, subject to art. 24 of the CSE. Federal (RO 1957 1041) and federal legislation resulting (art. 1 of the AF of 11 June 1986; FF 1986 II 699), in force since Jan. 1. 1987 A this disp. is currently the art. 90 of Cst. from 18 Apr. 1999 (RS 101).

7 planning and transport § 116 planning the canton and the communes ensure the rational occupation of the territory, the judicious use of the ground and maintaining places of relaxation.
The canton enacts master plans which are the goals of the canton or region planning and giving with the other management measures of the canton and the Commons, as well as detailed plans intended to achieve the goals of development.
Municipalities enact within the management plan management plans.
The benefits and significant drawbacks resulting from land-use measures are fairly compensated within the limits of the law.
The overall surface area affected agricultural and forestry exploitation must be kept.

§ 117 participation in planning the canton and the communes take into account the opinion of the population groups concerned the preparation of the plans.
The plans and detail plans are developed in collaboration with the Commons, neighbouring cantons and neighbouring foreign regions. In addition, municipalities participate in their finalization.

§ 118 public things canton enacts regulations on public affairs.
The sovereign on cantonal roads and waters.

§ 119 constructions and cadastral measurements the canton regulates constructions as well as the cadastral measurements and cadastre.
It regulates the piecemeal changes and corrections of boundaries.

§ 120 transport the canton and the communes regulate transport and roads.
They ensure that the transport system cleaning the environment and is economically the most favourable possible.
The canton, in collaboration with the municipalities, encourages public transport.

8 economy § 121 goals of the canton cantonal economic policy encourages, in collaboration with the Commons, a balanced development of the economy. He especially strives to maintain a diversified economic structure and full employment.
Incentives must take into account the interests of small and medium-sized enterprises and agriculture as well as the imperatives of development of the territory and the protection of the environment.
The canton aligns those of its activities which are of economic importance on the goals of economic and social policy cantonal.

§ 122 retail the canton and the communes encourages decentralised retail. It should in particular be limits the construction of new shopping malls and the expansion of existing malls.

§ 123 agriculture the canton takes measures to maintain a healthy and independent peasantry as well as a productive agriculture.
It encourages and supports in particular: a. the agricultural training as well as consulting and agricultural experimentation centres; b. family businesses and businesses whose exploitation is an incidental activity; c. the maintenance of rural land ownership; d. improvements in agricultural structures, the patchy consolidations and land improvements; e. on a collaboration basis cooperative; f. the provision of credit and insurance.

§ 124forets canton ensures the conservation of forests in their scope and their geographical distribution. It guarantees that forests can perform their functions in a sustainable way.
The canton and municipal Commons support the forest economy. They ensure that logging takes account of the general interest.
Municipal Commons oversight on the forests which fall within their territorial sovereignty.

Accepted by popular vote Sept. 27. 1998, in force since Jan. 1. 1999. guarantee of the SSA. fed. June 10, 1999 (FF 1999 4784 art. 1 ch. 4-2299).

§ 125 requirements of economic police Township and municipalities enact requirements to ensure a rational exercise of economic activities.

§ 126 enjoy enjoy salt and mining as well as the right to dispose of the groundwater belong to the canton, enjoy hunting and fishing in the Commons. Existing private rights are reserved.
The enjoy provide the exclusive right to the activity and economic exploitation.
The canton and the communes can exercise this right themselves or transfer it to third parties.

§ 127 canton Cantonal Bank maintains a cantonal bank, which aims to provide capital and promote economic and social development.

§ 127aInstallations port on the Rhine the canton supports the maintenance of port facilities on the Rhine. The law determines the port territory and its allocation.

Accepted by referendum on Dec. 6. 1992, in force since 1 August 1993. Guarantee of the SSA. fed. Dec 14. 1993 (FF IV 612 article 1 point 6, 1993 II 181).

§ 128 buildings, land and crop insurance must be insured against damage from the canton facility, within the limits provided by law.
The canton may, by law, declare mandatory insurance of things.

Section 7: § 129 finance and planning financial system financial finances must be managed cost-effectively and consistent with the requirements of the economic situation. Long term, they must be balanced.
The canton and the communes provide for a financial plan that is tailored to the public tasks.
Before a decision, then, periodically, it should be to review each task and each expense and to see if it is necessary and sensible, what are its financial consequences, and if the latter are bearable.

§ 130 recipes the canton, municipalities and unions of municipalities perceive the necessary contributions to the performance of their tasks.
Their expenses are also covered by: a. the income of their fortune; b. contributions and share revenues of the Confederation as well as other corporations, companies and public institutions; c. other potential revenue; d. of borrowing.

The Association of communes receive no tax.

§ 131 cantonal taxes the Township receives: a. a tax on the income and wealth of people physical; b. a tax on the income or capital of morales; c. people a tax on real estate gains; d. changing rights; e. a tax on estates and the donations; f. a church tax from people morales; g. a tax on motor vehicles; h. a tax on the slot machines , the game shows and the gambling houses; i. a tax.

The introduction of the new cantonal taxes requires a constitutional amendment. It must be submitted to the people at the same time as the legal enforcement.

Approved by referendum on Sept. 24. 2000, in force since Jan. 1. 2001 warranty the SSA. fed. Dec 11. 2001 (FF 2001 6190 art. 1 ch. 5 4659).
Approved by referendum of March 3, 2013, in force since Jan. 1. 2014 guarantee of the SSA. fed. Sept. 24. 2014 (FF 2014 7615 art. 1 ch. 5-3573).

§ 132 local taxes Commons receive: a. a tax on the income and wealth of people physical; b. a tax on the income and capital of corporations.

They collect these taxes in accordance with cantonal law. They fix the proportion within the limits provided by law.
A base in the cantonal legislation is needed for other municipal taxes.

§ 133 principles governing the collection of taxes the following must be taken into account in the definition of taxes: a. principles of generality, solidarity and economic capacity; b. maintain the desire to produce in the individual; (c) the limits resulting from the guarantee of the property and the overall tax burden borne by taxpayers; (d) the impact on the market of the economy and competition; e. the possibility of evasion tax and the reduction of the tax; (f) equality of treatment between legal persons, regardless of their legal form, subject to a tax exemption under the law in special cases.

Must be fiscally favored in particular: a. the family as well as people with a maintenance obligation; b. personal savings, including the formation of a fair fortune; c. the personal use of accommodation by its owner.

Tax fraud and fraud must be tackled by effective sanctions.

§ 133aLoi on taxes simple, easily understandable and coherent legislation on taxes should be simple, easily understandable and coherent. The tax return must be completed in a short time and easily verifiable.
The authorities cantonal working for the simplification of the federal law within the meaning of para. 1. accepted by popular vote from nov 27. 2011, in effect since Nov. 28. 2011 warranty of the SSA. fed. 11 March 2013 (FF 2013 2337 art. 1 c. 2 193).

§ 134 financial equalization and tax shares of Commons canton ensures financial equalization.

Financial Equalization must achieve a balance with regard to the tax burden borne by taxpayers and benefits of Commons.

§ 135 legal basis the Act regulates the principles governing finance, the perception of public contributions and the financial equalization. It sets the part of the Commons to the product of the cantonal taxes.

Section 8: State and churches § 136 churches and religious communities the Evangelical Reformed Church, the Roman Catholic Church and the Christian Catholic Church are recognised as national churches.
They are corporations under public law, with legal personality.
Other religious communities can be recognized by the canton. The law regulates the conditions and content of the recognition also that the procedure of recognition.

§ 137 autonomy of national churches within the limits of the Constitution and laws, the national churches settle their affairs in an autonomous way.
Ecclesiastical Constitutions as well as the changes that are made to them must be approved by a majority of the members of the churches participating in the vote and the State Council. The latter gives its approval when they are contrary to federal law or cantonal law.

§ 138 national church membership, voting residents of the Township are part of the Church of their denomination when they meet the conditions laid down in the Constitution of the Church.
It is possible to exit at any time by a written declaration.
The ecclesiastical Constitution regulates the right to vote in the national church and the parishes.

§ 139 parishes national churches are subdivided into parishes in accordance with the provisions of their Constitution.
The parishes are corporations under public law, with legal personality.
The ecclesiastical Constitutions determine the role and organization of parishes. They regulate the procedure for meetings or the Division of parishes.

§ 140 finance for their duties, municipalities perceive a church tax in accordance with the provisions of the law and the ecclesiastical Constitution with members of their faith. The national churches address the financial equalization between their parishes.
The product of the cantonal church tax collected from corporations is divided among the national churches in proportion to the number of their members.
The canton pays subsidies to the national churches to the extent provided by law.

§ 141 justice national churches set up an authority to adjudicate the disputed legal relations and to control disputed legislative acts. This last can be entered by members of churches and parishes.
National churches may permit or prescribe to the parishes to set up an authority of first instance.
Legislative acts and decisions of last instance of national churches may be disputed before the Administrative Tribunal by the members of the churches and parishes.
The Administrative Court examines if the contested act is in line with the federal law, cantonal law and, insofar as the Church Constitution, the right of the national church.

§ 142 diocese Catholic population of the canton is part of the diocese of Basel. The relationship between the canton and the diocese are regulated by conventions of the Diocesan cantons with the Pontifical Curia.

Section 9: Revision of the constitution § 143 principles the Constitution can be revised at any time, in whole or in part.
Insofar as the provisions that follow provide anything else, the constitutional revisions are carried out according to the rules of the legislative procedure in accordance with the provisions on people's rights.

§ 144 total revision the people decide in each case whether to conduct a full review.
The full review is conducted by a constituent Assembly elected by the people in accordance with the provisions on the election of the Grand Council. The requirements for incompatibilities and the term of office shall not apply.
The revised Constitution can totally be put to the vote as a whole or in parts, simultaneously or phased in time.
If a project is rejected by the people, the constituent Assembly must submit a second draft. If it is rejected, the total revision is deemed failing.

§ 145 partial revision partial revision can wear on a particular provision or on several material provisions in connection with each other.
If the Grand Council decides a partial review or approves a popular initiative or communal requesting a partial revision, it can submit this decision to the vote of the people.

Section 10: Provisions transitional § 146 entry into force the present Constitution comes into force on January 1 following its acceptance by the people and the granting of the guarantee by the Federal Assembly.

§ 147 repeal of existing provisions the Constitution of the canton of Basel-country on April 4, 1892 is repealed.
The provisions whose content is contrary to this Constitution, cease to have effect.

[Collection of the laws of the canton of Basel-Landschaft, GS 14 177] § 148 maintaining in force limited to existing provisions the provisions that were enacted under a procedure which is more accepted by the present Constitution, remain in force.
Amendment of such provisions is done according to the procedure provided for by this Constitution. In particular, the provisions which must now take the form of law, cannot be changed according to the rules of the legislative procedure.

§ 149 development of new provisions if new provisions must be enacted, this task must be performed without delay.

§ 150 optional referendum if a request for a referendum is presented according to the old law, the time is eight weeks even if the latter has begun to run prior to the entry into force of the new Constitution.

§ 151 participation of the Commons until the entry into force of legal provisions, the following rules will be applied: a. initiatives or requests of municipalities in accordance with § 49 referendum, al. 1, will be filed by the Municipal Assembly or Council. These decisions are not subject to the referendum; (b) the right of the Commons to be heard in accordance with § 49, al. 3, is exercised by the Municipal Council.

§ 152 authorities and the authorities and officials remain in office until the expiry of the term of office under the former law.
The provisions of this Constitution apply to the elections and by-elections.
The new authorities created by the present Constitution must be elected without delay.

§ 153 constitutional jurisdiction until the entry into force of the law on constitutional jurisdiction, the justice in administrative matters and Social Insurance Act applies by analogy to constitutional procedure.

§ 154 basic constitutional provisions for the execution of public tasks which are without constitutional basis in accordance with § 90, remain in force until their amendment.

§ Heritage 155Liquidation about the Laufonnais if the asset liquidation with the canton of Berne on the Laufonnais costs for the canton of Basel-country, they are definitely accepted.

Accepted by popular vote on Sept. 22. 1991, in effect since Jan. 1. 1994. guarantee of the SSA. fed. June 9, 1993 (1993 FF II 1069 art. 1, I 965).

§ 156reduction of the administrative period due to the transition to the model "Crown" the administrative 2010-2014 period expires December 31, 2010 for the following members of the authorities: a. prefects; (b) the Chief of the special investigating judges.

Accepted by popular vote on May 17, 2009, in force since Jan. 1. 2011 warranty of the SSA. fed. March 2, 2011 (FF 2011 2737 art. 1 ch. 2, 2010 7239).

§ Administrative 157periode of the court procedure in criminal matters the 2010-2014 term of office will expire for presidents and other members of the court procedure in criminal matters immediately that all remedies within the meaning of art. 453, al. 1, of the code of procedure criminal Switzerland will be closed. Division of criminal law of the cantonal court will then take over of the court procedure in criminal matters, as long as federal law provides no other jurisdiction.

Accepted by popular vote on May 17, 2009, in force since Jan. 1. 2011 warranty of the SSA. fed. March 2, 2011 (FF 2011 2737 art. 1 ch. 2, 2010 7239).
RS 312.0 Index of contents numbers refer to the articles and articles of the constitution Administration divisions-Chancery of State 79 - composition-79 management and administration 76-district 41 - surveillance-61 Court v. administrative courts-mediator-88 organization regulated by the Act 81-autonomous administrative bodies-80 procedure and administrative justice 81-AAT-76 trade unions and public or semi-public institutions , participation 80 s. also Council of State Age as a condition for the right to vote 21 Agriculture v. economy

Welfare 103 Allies and parents, incompatibilities 52 development of the territory-participation 117-principles and goals 116 arrests and searches legality v. laws insurance 128 hearing of interested parties 34 authorities arrested 15-authorities cantonal 49A - 89-incompatibilities 51, 52-official language - 57 period administrative 53 - promise 59-advertising and information 55, 56-challenge - 58 queries to the authorities 10-respect for the Constitution and the law 4-responsibility 13 , 60 Kantonalbank 127 leases commission of conciliation for disputes of the canton 106 noise v. Environmental Protection Budget--stopped by the Grand Council 66 - preparation of the budget by the Council of State 73 Canton - v. directors-authorities administration cantonal 49A - 89-cantonal bank 127-capital form of democratic State 2-role in the Swiss Confederation-1 territory 39-cantonal court 84-40 , 157 disasters, precautions 93 constituencies 43 circles of civil justice 42 - organization governed by the law of public things 118 intercantonal and regional Collaboration 3 Commons 44 43-49 - independence 45-collaboration - 48 common municipal 44, 46, 47 - common - tasks-44 existence and merger 46 - bourgeois duration determined charges 26 - local elections 26-communal initiative-28 boundary 46-concept Organization 45-44 changes 47 - participation in the canton 49-rectification of boundaries-46 meeting and division 46-task 44 skills conflict held by-the Constitutional Court 86 - the Grand Council 67 - the cantonal court 85 accounts v. Budget Council of State - election - of the members of the Council of State 25 - of the president and the vice-president 67-50 - 51 incompatibilities eligibility, 52, 72-period administrative 53-annual reports , approval by the Grand Council 67 - seat-40 tasks and responsibilities-collegial authority - 78 other assignments 77-decisions 75-direction and administration 76, 79 - be a member of the Federal Assembly 72-law 74-planning 73-role-71 surveillance on other institutions assuming of public tasks - 80 prescriptions for preventing or do stop current or imminent disorders 74 Constitution-initiative 28 , 49 review-partial 145-principles and procedure-143 total 144 - jurisdiction constitutional v. courts buildings housing 106 a Constructions and cadastral measurements 119 Consultation of the political parties and organizations 35 Contributions v. tax Culture encouragement 101 debates v. advertising tax return 133A orders as form of the enforcement provisions of the Grand Council 63 Delegation to others bodies the competence to enact the basic provisions , ban 36 dignity human protection 5 Diocese of Basel 142 Districts 41 City law-acquisition and loss-18 in the town 44 - right to cantonal to foreigners - 67 city cantonal to the 77 - facilitated naturalization 19 Swiss citizenship right to be heard 9 voting rights - conditions - 21 content 22-year 23-violation of voting rights 37 v. rights policies popular popular rights 21-38 s. also Delegation. The right to vote. Elections. Popular initiative. Popular voting rights and duties of persons 5-20 rights fundamental freedoms v. individual social rights means necessary to the existence, social security, training, work, lodged 16, 17 transitional law 146-155 - repeal of current 147-maintaining in force provisions limited 148-administrative period for authorities and public servants 152 term loads of the communal authorities 26 water - supply water 114 school - private schools-99 school 95-compensatory measures in favour of disadvantaged children-100 principles of the system 94 - 96 s. also schools school training. High schools and specialized schools economy-agriculture 123-127 - goals Cantonal Bank of politics economic 121-122-economy retail forest prescriptions of economic police 125 - 124-good 126 equal 7, 8 churches-religious communities - recognition 136 - national churches - autonomy - 137-membership-138 taxes and subsidies 140-recognition Elections 136 constituencies-43 bodies of the Confederation 24 - bodies of the canton and the District 25 - elections - 26 justices of the peace-25 voting 27 - civil courts circle 25, 43 employees of the authorities - right of staff 81-limitations of fundamental rights 15-period administrative 53-principle 49 - challenge 58-liability 60 - treatments, annuities and pensions paid, award of the Grand Council 67 s. also authorities energy supply 115 v. also nuclear foreign encouragement of well-being and integration 108 Expropriation Compensation 13 family protection 107 fauna and flora protection 112 finance and financial planning 129 135 124 training forest - retraining-104 vocational training and training for adults 97 s. also school. High schools and specialized schools guarantee of the means necessary for the existence of 16 Grace and Amnesty 67 Grand Council - approval - other responsibilities-67 of the treaty subject to the referendum-64 activities of the State 65 - 65 Government program - committees and groups 69-constitution 68-63-67 - 66 financial - decisions election 25-eligibility-50 immunity 60-incompatibilities-51 independence 62-54-organization and procedure-70 period term limits administrative 53-publicity of debates 55-role and high monitoring 61-40 seat

Disabled encouragement and integration 105 high schools and specialized schools 98 hospitals v. health tax - law simple, understandable, consistent 133 a - shares of Commons 135-perception - municipal taxes 132-cantonal taxes 131-133 incompatibilities 51, 52, 72 public Information principles 34, 55, 56 popular Initiative - initiative communal 28-principles and content 28-29 v. courts language court procedure official 57 Laufonnais-155 - v. heritage liquidation also judicial Districts. Districts liberties - as human rights 6-limitations-15 protection 6-realization-14 responsibility because of the unjustified restrictions 13 housing 106 - encouragement to accession and construction in 106 laws - Act simple, understandable, consistent 133 a - entered into force 12, 63-legislative initiative 28, 49-law 63-11 gaming tax Ombudsman 131 retroactivity-role and independence-88 tasks measures of constraint Crown 84 84 89 , 156 nature and landscape, protection 102 nomads 109 nuclear, nuclear power plant, the construction stopped 115 parishes - membership-139 Church Tax Court 141-organization - 139-140 proceedings before the Administrative Tribunal 141 s. also Diocese of Basel Participation in the formation of opinion - hearing in the drafting of legislative acts or decisions of the Grand Council 34 - 34 political parties consultation , 35 political parties and organizations - consultation-34 enforcement provisions 38-encouragement by the canton 35-participation in the formation of opinion 35 financial equalization 134, 135 searches, arrests and seizures legality 15 Petition right 10 tracking criminal authorities 84 power to the State 2 deprivation of liberty right to damages 9, 13 Attorney 84 property protection and encouragement 6 106 a Environmental Protection encouragement home ownership-sewage and waste 113-principles-112 protection against harmful attacks and troublesome 112 s. also energy. Waters Protection of private or public legal 56Protection - citizens and organizations that are engaged in public work 80 - members of churches and parishes 141 - general 9 v. also courts. Ombudsman Public / - that s - 118 public-information 34, 56-public tasks things - based constitutional 90, 154-collaboration with the 91 communes - public transport 120 advertising the Grand Council debates and courts Referendum - financial referendum 31 - v. 55 also votes popular enjoy 126 Religion v. churches. Liberties legal information 9 requests to authorities 10 responsibility of the canton and 13 municipalities income of the canton and Commons 130 review of the constitution, v. Constitution Rhine, port on the 127 a homeless assistance by 106 health Commons-compulsory health insurance-110 - 110 medical tasks of the canton and common public safety social security 16 92 111, 104 tasks of the Confederation participation in fulfilling public tasks-1 90-128 131 Torture ban 15 transport tax 120 treaties and agreements - approval-64 conclusion 77 work 104 courts - criminal court 84-eligibility-50 incompatibilities 51, 52-independence 82-85 administrative court, 141-jurisdiction 83 civil-Constitutional Court - 86 criminal court 84 - organization and procedure-87 period administrative 53-public hearing 55-seat of the cantonal Tribunal cantonal court 84-40, 157-measures of constraint 84-84 value juvenile court court rental 106a popular votes - time according to the old law - 150 optional 31 - mandatory 30-procedure When voting on several objects 33-144, 145-32 special elections constitutional review


Approved by referendum on Nov. 4. 1984, in force since Jan. 1. 1987. guarantee of the SSA. fed. June 11, 1986 (FF 1986 II 699 art. 1, 1985 II 1173).

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.

State March 11, 2015

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