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RS 131.222.2 Constitution of the canton of Basel-Country, 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 1

Constitution of the canton of Basel-Country

17 May 1984 (State on 11 March 2015) 2

The people of the canton of Basel-Country,

Conscious of being responsible to God, man, community and the natural environment, resolved to protect freedom and the law within the framework of its democratic tradition and order, knowing that the strength of a community is measured by welfare The weakest of its members, who wish to facilitate the development of man as an individual and as a member of the community, decided to strengthen the canton as a sovereign State in the Confederation and to preserve its diversity,

The Constitution reads as follows:

Section 1: General provisions

1 Role of the canton

1 The canton of Basel-Country is a sovereign canton of the Swiss Confederation.

2 It actively participates in the organisation of the Confederation and supports the central state in the performance of its tasks.

3 Its authorities act so that it becomes a fully-fledged canton with a full vote in the cantons and two representatives of the Council of States. 1


1 Accepted in popular vote of 12 June 1988, in force since 1 Er Nov 1989. Ass Warranty. Fed. June 21, 1989 (FF 1989 II 882 art. 1 ch. 6, I 545).

2 Democratic State Shape

1 Power lies in the whole of the people.

2 It is exercised by active citizens and by the authorities.

§ 3 Inter-cantonal and regional collaboration

1 The authorities shall cooperate with other cantons and neighbouring foreign regions in carrying out tasks of common interest.

2 In particular, they shall endeavour to conclude conventions with the authorities of the canton of Basel-City, to establish common institutions, to regulate the distribution of burdens and to harmonise legislation.

3 Rules should be laid down for effective cooperation between the authorities.

§ 4 Respect for the Constitution and the Law

1 All the authorities must respect the Constitution and the law.

2 Their acts must be guided by the public interest and be proportionate to their purpose.

3 The authorities and individuals act in accordance with the rules of good faith.

Section 2: Rights and duties of persons

1. Human dignity

§ 5 Human Dignity

1 Human dignity is inviolable.

2 Everyone must respect it and the noblest task of the state is to protect it.

2. Fundamental rights

§ 6 Individual freedoms

1 The state protects individual freedoms.

2 In particular, the following guarantees:

A.
The right to life, the integrity of the body and the mind, and the freedom of movement;
B.
Freedom of belief and conscience;
C.
Freedom of information, opinion and the press;
D.
Freedom of association, assembly and demonstration;
E.
Freedom of education, research and art;
F.
Protection of the private domain, the secrecy of posts and telecommunications, and 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 and to the free exercise of economic activity.

3 Property and economic rights are protected. The Township and the Municipalities encourage the acquisition of the property by individuals for their personal use.

§ 7 Equality

1 Men and women are all equal before the law.

2 No person shall, in particular, be adversely affected or benefit from the fact of his or her sex, birth, origin, race, social status, or his philosophical, political or religious convictions.

§ 8 Equality between men and women

1 Man and woman are equal in rights. The canton and the communes are able to achieve equality.

2 All the rights that this Constitution guarantees to the people, all the duties that it imposes on them, as well as the popular rights also belong to men and women.

§ 9 Legal protection

1 Everyone has the right to legal protection. This is free for people with modest conditions.

2 The canton and the communes promote knowledge of the law and free provision of legal information.

3 The parties shall have, in all cases, the right to be heard and to obtain, within a reasonable period of time, a reasoned decision indicating the remedies.

4 Everyone who is deprived of his or her freedom of movement has the right to:

A.
To be informed immediately and in an understandable manner of the reasons for this measure and its rights;
B. 1
To be heard, by an authority determined by law within the period following his or her arrest as prescribed by law;
C.
To have a court examine the deprivation of liberty.

1 Accepted in popular vote of 17 May 2009, in force since 1 Er Jan. 2011. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 2, 2010 7239).

10 § 10 Requests to authorities

1 Each person may, without prejudice to him, submit petitions or other requests to the authorities. They respond within a reasonable time.

2 Everyone can turn to the Ombudsman.

§ 11 Non-retroactivity

Legislative acts cannot be retroactive when the retroactivity extends over a period of time or results in disproportionate burdens.

12 § 12 Entry into force of legislative acts

1 Legislative acts which are the subject of popular vote, enter into force as soon as possible after the vote.

2 All other legislative acts shall enter into force, as a general rule, at the earliest eight days after having been regularly published.

13 Liability and damages

1 The canton and the municipalities are responding to the damage that their organs have caused without a right.

2 They also respond to the damage that their organs have caused in a lawful manner, if individuals suffer serious harm and cannot be asked to bear it alone.

3 A person who is unreasonably and seriously restricted in his or her personal freedom shall be entitled to damages and compensation for moral damages.

4 In the event of an expropriation or significant restriction on the property, compensation for the restriction shall be paid.

§ 14 Realization of fundamental rights

1 Fundamental rights must be achieved in all areas of the legal system.

2 Those who exercise their fundamental rights must respect the fundamental rights of others.

3 In particular, no one can harm it by abusing its dominant position.

§ 15 Fundamental rights limit

1 Fundamental rights can be limited only where the overriding public interest justifies it. They must not be reached in their essence.

2 The limitations of fundamental rights require a legal basis; the most serious must be expressly provided for by law. Cases of serious, manifest and imminent danger are reserved.

3 The fundamental rights of persons connected with the State by a special dependency report may be limited, moreover, only to the extent that it is required by the particular public interest which justified the preparation of this report.

4 Arrests, searches and seizures can only be made in cases and in the forms provided for by law. Torture and other treatment contrary to human dignity are not admissible under any circumstances.

3. Social rights

§ 16 Guarantee of the means necessary for existence and social security

1 Everyone has the right to receive help and assistance in situations of distress and the means necessary to lead a life in conformity with human dignity.

2 The canton and the communes protect in particular those who need help because of their age, their state of health and their economic or social situation.

§ 17 Right to training, work and housing

Within the framework of their expertise and available resources and to complement the efforts under the responsibility and personal initiative, the canton and the municipalities ensure that:

A.
Each can obtain, at all ages, a training that corresponds to his or her abilities and tastes, and to participate in cultural life;
B.
Each person can, on reasonable terms, provide for the maintenance of his or her work;
C.
Each receives equal pay for equal work and benefits from paid vacation and adequate rest;
D.
Each can, on reasonable terms, find suitable accommodation and, as a tenant, be protected from abuse.

4. Freedom of the City

§ 18 Acquisition and Loss

The law regulates the acquisition and loss of the right of cantonal and communal city.

§ 19 Facilitated Naturalization

1 Under federal law, the law may grant a right to naturalization.

2 Naturalisation cannot be made more difficult by disproportionate burdens.

5. Personal Duties

§ 20 Personal Assets

Each must fulfil the duties imposed on it by the legal order of the Confederation, the canton and the municipality.

Section 3: Popular rights

1. Right to vote

§ 21 Conditions

1 The right to vote is guaranteed.

2 The right to vote for any person who has Swiss nationality is 18 years of age, has his or her political domicile in the canton of Basel-Country and is not forbidden due to mental illness or weakness of mind.

3 The law regulates the voting rights of the Swiss abroad and the bourgeois communes.

§ 22 Content

1 Active citizens have the right to:

A.
To participate in cantonal and communal referendums;
B.
To present lists of electors, to participate in elections and to be elected to public posts;
C.
To launch and sign popular initiatives and referendum requests.

2 Every active citizen has the right to ensure that, in elections and votes, the will of all active citizens can be determined in a secure manner and can be expressed without distortions.

§ 23 Exercise

1 The right to vote is exercised in the commune of residence. The law regulates exceptions.

2 Any person who has Swiss nationality shall acquire the right to vote in cantonal and communal matters at the time of establishment.

3 The secrecy of the vote must be preserved in elections and voting through the ballot box.

4 The canton and the communes shall ensure that the right to vote can be exercised without undue complications.

2. Elections by the people

§ 24 Elections in the organs of Confederation

1 The people elect the representatives of the canton of Basel-Country to the National Council and the Council of States through the ballot box.

2 The members of both Councils shall be elected for the same period.

§ 25 Elections in the organs of the canton and districts

1 The people elect through the ballot box:

A.
The Grand Council;
B.
The Council of Etat;
C. 1
Civil circle courts;
D.
Justices of the peace.

2 The law may provide for other elections by the people.


1 Accepted in popular vote of 17 June 2012, in force since 1 Er Apr 2014. Ass Warranty. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 3,3447).

§ 26 Municipal Elections

1 The people elect through the ballot box:

A.
The General Council or the Joint Committee;
B.
The communal council;
C.
The President of the commune.

2 The law or the municipal by-law may provide for other elections through the ballot box or by the communal assembly.

3 Municipalities may provide in their Rules of Procedure that members of their authorities are not immediately eligible for re-election if they have already exercised it for a specified period of time. 1


1 Accepted in popular vote of 7 February 1999, in force since 1 Er Seven. 2000. Ass Warranty. Fed. On 14 June 2000 ( FF 2000 3419 Art. 1 ch. 3 1048).

§ 27 Method of voting

1 The Grand Council and the General Councils shall be elected according to the system of proportional representation.

2 For all other authorities, the majority system is applied unless the municipal regulation prescribes the system of proportional representation.

3. Popular Initiative

§ 28 Principles

1 1500 active citizens may, by written or unwritten initiative, request that constitutional or legal provisions be enacted, amended or repealed.

2 The written initiative contains a draft. It is expressly laid down as a constitutional initiative or as a legislative initiative.

3 Through an unwritten initiative, the signatories ask the Grand Council to draft a draft in line with the wishes of the initiative.

4 The initiative for a complete revision of the Constitution cannot contain any directives or projects.

5 The right of active citizens to file initiatives in municipalities is governed by the provisions of the Law and the Communal Regulation.

§ 29 Procedure

1 The Grand Council declares the initiatives impossible or manifestly contrary to the law.

2 The initiatives are submitted to the people's vote within 18 months without any change in form and content. The law regulates exceptions and consequences in the event of failure to comply with the time limit. 1

3 If the Grand Council does not approve an undrafted initiative, it shall be submitted within two years to the vote of the people. If the people or the Grand Council approve the initiative, the Grand Council shall submit a project to the people within two years. It determines whether the text will be constitutional or legal.

4 The Grand Council may oppose any initiative.


1 Accepted in popular vote of 2 Dec. 2001, effective from 1 Er Jan 2002. Ass guarantee. Fed. Of the 237-7. 2002 (FF 2002 II 6133 s. 1 ch. 5 3304).

4. Popular Votations

§ 30 1 Mandatory Votations

Are subject to the vote of the people:

A.
Amendments to the Constitution and international treaties amending the Constitution;
B.
International laws and drafts containing legal level provisions, if adopted by a majority which is less than four fifths of the members present in the Grand Council, or if the latter decides, by a separate order, of the Submit to the mandatory referendum;
C.
Initiatives drafted and counter-projects that are opposed to them;
D.
Undrafted initiatives that the Grand Council refuses, the counter-projects it opposes, and the legislative acts it develops on the basis of an unformulated initiative;
E.
The decisions of the municipal assembly or the general council in accordance with the provisions of the law and the municipal regulation.

1 Accepted in popular vote of 7 June 1998, in force since 1 Er Jan. 2000. Ass Warranty. Fed. 10 June 1999 ( FF 1999 4784 Art. 1 ch. 4 2299).

§ 31 Optional Votations

1 Are subject to the vote of the people at the request of 1500 active citizens:

A.
The decisions taken by the Grand Council on binding plans are of fundamental importance and are set out in the optional referendum according to the Constitution or the law;
B.
The decisions of the Grand Council on new and unique expenditure of more than 500 000 francs or on new expenditure each year of more than 50 000 francs;
C. 1
International laws and treaties that contain legal-level provisions, if they are not subject to a mandatory referendum.

2 The application must be filed within eight weeks of publication.

3 The decisions of the municipal assembly and the general council are subject to an optional referendum in accordance with the provisions of the law and the municipal regulation.


1 Accepted in popular vote of 7 June 1998, in force since 1 Er Jan. 2000. Ass Warranty. Fed. 10 June 1999 ( FF 1999 4784 Art. 1 ch. 4 2299).

§ 32 Special votes

1 Popular votes may take place on issues of principle which arise in the context of the drafting of constitutional and legal provisions and in relation to decisions on plans. Variants can be presented.

2 When developing projects, the authorities are bound by the results of the votes that have taken place on issues of principle.

3 When voting on legislative acts or decisions, the vote may relate both to the whole act or to the decision and to provisions isolated from them.

§ 33 Procedure when voting on multiple objects

1 The law regulates the procedure in voting on several objects, in particular when voting on an initiative accompanied by a counter-project and in votations on questions of principle with variations.

2 The following guidelines should be followed:

A.
The procedure should be simple and understandable and exclude abuse;
B.
By voting, the active citizen must be able to say which of the different objects he prefers.

3 To be accepted, an object must have obtained the majority of valid votes.

5. Participation in opinion formation

§ 34 Consultation

1 The public shall be informed in time during the preparation of legislative acts or decisions of the Grand Council. Interested parties will be heard in appropriate forms. Everyone can make proposals.

2 For projects subject to referendum, political parties and interested organisations are consulted.

3 The Council of State provides balanced information to active citizens.

§ 35 Political parties and organizations

1 Political parties and organisations contribute to forming the people's opinion and will.

2 The canton supports the political parties in carrying out this task as long as their organisation is in conformity with the principles of democracy, that they establish that they have a regular and complete activity in an important part of the And that they publicly report on the source and use of their resources.

6. Guarantee of popular rights

§ 36 Delegation of expertise

1 The legislator cannot delegate to other bodies the competence to enact fundamental or important provisions.

2 The Grand Council or, exceptionally, the Council of State may be empowered by law to give final judgment on expenditure. The exception is the expenditure representing investments in excess of one million francs.

§ 37 Judicial Review

1 Any active citizen may use the Constitutional Court for a violation of the right to vote.

2 In particular may be attacked:

A.
The violation of the right to vote;
B.
The irregular preparation or conduct of elections or votes;
C.
Non-compliance with popular initiatives by the Grand Council;
D.
The inadmissible delegation of the people's powers to other bodies.

7. Implementing provisions

§ 38 Implementing provisions

The law contains more specific provisions on the content and exercise of popular rights as well as political parties.

Section 4: Structure of the canton

1. Township territory and capital city

§ 39 Canton Territory

1 The canton of Basel-Country comprises the territory guaranteed to it by the Swiss Confederation.

2 The changes to the cantonal territory must be the subject of popular vote.

3 Border adjustments must be approved by the Grand Council.

§ 40 Chef-lieu

1 The capital of the canton of Basel-Country is Liestal.

2 The Grand Council, the Council of State and the cantonal court are based in Liestal. 1


1 Accepted in popular vote of 10 June 2001, in force since 1 Er Apr 2002. Ass Warranty. Fed. Of the 237-7. 2002 (FF 2002 II 6133 s. 1 ch. 5 3304).

2. Districts and Circles

§ 41 1 Districts

1 Districts are territorial organizations that are responsible for carrying out public tasks.

2 The district includes the districts of Arlesheim, Laufon, Liestal, Sissach and Waldenburg.

3 The law regulates the membership of municipalities in different districts. Municipalities may be allocated to another district only with their agreement.


1 Accepted in popular vote of 17 June 2012, in force since 1 Er Jan. 2014. Ass Warranty. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 3,3447).

§ 42 1 Civil Justice Circles

1 The township is divided into two civil justice circles.

2 The law regulates the distribution of the cantonal territory between these two circles of civil justice.


1 Accepted in popular vote of 17 June 2012, in force since 1 Er Apr 2014. Ass Warranty. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 3,3447).

§ 43 1 Electoral Circles

1 Cantonal elections and popular voting are held in electoral circles within the boundaries of the districts.

2 The election of members of the civilian circle courts is organized within the boundaries of these circles.

3 The law regulates the tasks, the number and organization of electoral circles and civil justice circles.


1 Accepted in popular vote of 17 June 2012, in force since 1 Er Apr 2014. Ass Warranty. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 3,3447).

3.

§ 44 Role and Tasks

1 The communes are autonomous corporations of public law.

2 Municipal municipalities carry out tasks of local importance in so far as they are not within the competence of other organisations, as well as the tasks delegated to them by the canton.

3 The bourgeois communes confer the right of the city, stimulate cultural life, administer bourgeois property and exploit their forests. They work with municipal municipalities.

4 Where there is no bourgeois commune, it is the municipal municipality which confers the right of city.

§ 45 Autonomy

1 Within the limits of the Constitution and the laws, the communes have the power to organize themselves, to elect their authorities, to hire their employees, to carry out their own tasks according to their free appreciation and to administer in a way Autonomous public things that are the responsibility of them. 1

2 All cantonal bodies respect and protect the autonomy of municipalities. The legislator gives the latter the greatest possible freedom of action.

3 The Council of State shall monitor the municipalities.


1 Accepted in popular vote of 23 Nov 1997, in force since 1 Er Apr 1998. Ass Warranty. Fed. 10 June 1999 ( FF 1999 4784 Art. 1 ch. 4 2299).

§ 46 Existence

1 The meeting and division of municipal municipalities must be approved by the communes or parts of municipalities concerned in a vote at the ballot box and settled by law. 1

1bis The amendments to the limits must be approved by the municipalities concerned in a vote at the ballot box and by the Grand Council. 2

2 Corrections of boundaries between municipal municipalities must be approved by the Council of State.

3 A bourgeois commune may merge with a municipal municipality when the two decide it through the ballot box. The decision of the bourgeois municipality must be taken by a two-thirds majority of the voters.

4 Where there is no bourgeois commune, such a municipality may be created by a vote at the ballot box if the municipal municipality and two thirds of the bourgeois participating in the vote so decide.


1 Accepted in popular vote of 27 Nov 2011, in force since 1 Er Jan 2012. Ass Warranty. Fed. On March 11, 2013 ( FF 2013 2337 Art. 1 ch. 2,193).
2 Accepted in popular vote of 27 Nov 2011, in force since 1 Er Jan 2012. Ass Warranty. Fed. On March 11, 2013 ( FF 2013 2337 Art. 1 ch. 2,193).

§ 47 Organization

1 Within the limits of the Constitution and the laws, municipal municipalities set up their organisation in a municipal regulation.

2 According to the ordinary communal organization, the popular rights are exercised through the ballot box and the communal assembly, according to the extraordinary communal organization, through the ballot box and the general council.

3 The municipal council is the highest executive authority. He heads the administration.

§ 48 Collaboration

1 The canton encourages collaboration between municipalities.

2 In order to carry out specific tasks, municipalities may enter into agreements with other communes in the canton, or outside the canton, establish joint trade unions and maintain administrative establishments and services Common. The creation of trade unions of communes and establishments and their regulations must be approved by the Council of State.

3 The Grand Council may exceptionally force the communes to join or establish new trade unions in existing communes.

4 The rights of citizens to participate in trade unions must be preserved.

§ 49 Participation in the canton

1 Five municipal municipalities may request:

A.
Constitutional or legal provisions be enacted, amended or repealed;
B.
An optional referendum be held.

2 The provisions concerning popular initiatives and requests for referendum from the people are applicable in respect of the conditions and procedure.

3 During the preparation of legislative acts or decisions of the Grand Council and the Council of State, the communes concerned will be heard on time.

Section 5: Cantonal authorities and their functions

1. General provisions

§ 49 A 1 Principle

1 Members of the cantonal authorities are elected for an administrative period.

2 The employees of the canton are, in principle, engaged on the basis of a contract of public law, if the Constitution or the law does not provide for the election or appointment for an administrative period.


1 Accepted in popular vote of 23 Nov 1997, in force since 1 Er Apr 1998. Ass Warranty. Fed. 10 June 1999 ( FF 1999 4784 Art. 1 ch. 4 2299).

§ 50 1 Eligibility or commitment conditions

1 Any active citizen is eligible for the Grand Council, the Council of State and the courts.

2 The law may provide that the election to other functions is subject to the quality of an active citizen.

3 It may lay down other conditions for the election or commitment.


1 Accepted in popular vote of 23 Nov 1997, in force since 1 Er Apr 1998. Ass Warranty. Fed. 10 June 1999 ( FF 1999 4784 Art. 1 ch. 4 2299).

§ 51 Incompatibilities

1 The members of the Grand Council and the Council of State, the Ombudsman and the judges, deputy judges, clerks and clerks of the cantonal court can only be a member of one of these authorities. 1

2 The judges, court clerks of the first instance, members of the authorities of the autonomous cantonal bodies, as well as the senior staff of the cantonal administration, cannot form part of the Grand Council. 2

3 The law regulates the details.


1 Accepted in popular vote of 10 June 2001, in force since 1 Er Apr 2002. Ass Warranty. Fed. Of the 237-7. 2002 (FF 2002 II 6133 s. 1 ch. 5 3304).
2 Accepted in popular vote of 23 Nov 1997, in force since 1 Er Apr 1998. Ass Warranty. Fed. 10 June 1999 ( FF 1999 4784 Art. 1 ch. 4 2299).

§ 52 1 Incompatibilities between parents and allies

Cannot belong simultaneously to the same authority, Grand Council except:

A.
Parents and their children;
B.
Brothers and sisters;
C.
Spouses;
D.
Grandparents and their grandchildren;
E.
Brothers-in-law and fine-sory
F.
In-laws and their son-in-law or bru;
G.
Registered partners;
H.
Persons living under the registered partnership and the brothers and sisters of the partnership of those persons;
I.
The father and mother of the persons living under the registered partnership and the partner of those persons;
K.
Persons living under the registered partnership and the children of those partners.

1 Accepted in popular vote of 11 March 2007, in force since 1 Er June 2007. Ass Warranty. Fed. On 6 March 2008 ( FF 2008 2273 Art. 1 ch. 4, 2007 7197).

§ 53 1 Administrative period

The administrative period is four years for elected officials and employees.


1 Accepted in popular vote of 23 Nov 1997, in force since 1 Er Apr 1998. Ass Warranty. Fed. 10 June 1999 ( FF 1999 4784 Art. 1 ch. 4 2299).

§ 54 Limiting mandates

1 The person who is a member of the Grand Council for four successive periods shall not be eligible for the following period. 1

2 Incomplete periods are considered complete periods.


1 Accepted in popular vote of 5 March 1989, in force since 1 Er Jul. 1989. Ass Warranty. Fed. Of Dec 4. 1989 (FF 1989 III 1627 art. 1 ch. 2,719).

§ 55 1 Advertising

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


1 Accepted in popular vote of 27 Nov 2011, in force since 1 Er Jan. 2013. Ass Warranty. Fed. On March 11, 2013 ( FF 2013 2337 Art. 1 ch. 2,193).

§ 56 1 Information

1 The authorities shall inform the public about their activity.

2 Any person may have access to information in the possession of the authorities.

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


1 Accepted in popular vote of 27 Nov 2011, in force since 1 Er Jan. 2013. Ass Warranty. Fed. On March 11, 2013 ( FF 2013 2337 Art. 1 ch. 2,193).

§ 57 Official Language

1 The official language is German.

2 The authorities and administrative services of the canton and the municipalities also accept requests drawn up in another official language of the Confederation.

§ 58 Recusal

1 The members of the authorities and employees recuse themselves in the cases which concern them directly. 1

2 The obligation to recuse applies to the person who is required to prepare a decision, to give advice or to make a decision.


1 Accepted in popular vote of 23 Nov 1997, in force since 1 Er Apr 1998. Ass Warranty. Fed. 10 June 1999 ( FF 1999 4784 Art. 1 ch. 4 2299).

§ 59 Promise

Upon their entry into office, the members of the authorities promise to respect the Constitution and laws.

§ 60 Liability

1 The law regulates the responsibility of the members of the authorities and employees in relation to the canton and the municipalities. 1

2 The members of the Grand Council cannot be prosecuted for their statements in the Grand Council and in its committees. The Grand Council may, however, waive this immunity by a two-thirds majority of the members present if it is clearly abused.


1 Accepted in popular vote of 23 Nov 1997, in force since 1 Er Apr 1998. Ass Warranty. Fed. 10 June 1999 ( FF 1999 4784 Art. 1 ch. 4 2299).

2. Grand Council

§ 61 Role

1 The Grand Council is the legislative authority of the canton. It exercises high surveillance over all authorities and bodies performing cantonal tasks.

2 It consists of 90 members. 1


1 Accepted in popular vote of 22. 1991, in force since 1 Er Jan 1994. Ass guarantee. Fed. June 9, 1993 (FF 1993 II 1069 art. 1, I 965).

§ 62 Independence

1 The members of the Grand Council deliberated and voted without instructions.

2 They must make public their obligations to advocacy groups.

§ 63 Legislation

1 The Grand Council makes all the fundamental and important provisions in the form of a law.

2 The laws are the subject of two readings.

3 The Grand Council may issue implementing provisions in the form of a decree to the extent that it is expressly authorized by law. The decrees are not subject to the referendum.

4 Laws whose entry into force does not suffer any delay may be brought into force immediately if the Grand Council so decides by a two-thirds majority of the members present. The popular vote takes place within six months of the entry into force.

§ 64 Treaties

1 The Grand Council approves:

A.
Treaties subject to the referendum;
B.
All other treaties to the extent that the law does not authorise the Council of State to conclude them alone.

2 If the Treaties require amendments to the Constitution or laws, the Grand Council shall make these amendments at the same time as it approves the Treaties.

3 In the preparation of important treaties to be submitted for approval, it may establish commissions that advise the government during the negotiations.

§ 65 Planning

1 The Grand Council approves the fundamental plans for the activities of the State, in particular the government programme and the financial plan. It enacts the cantonal master plans,

2 The approval granted shall bind the Grand Council and all the authorities concerned. Any deviation from the plan requires an amendment to the plan.

3 The Grand Council is aware of the annual programme of the Council of State.

§ 66 Financial decisions

The Grand Council:

A.
Decides on new expenditure, subject to the rights of the people;
B.
Adopts the annual budget within the limits of the financial plan;
C.
Approves the state accounts.
§ 67 Other responsibilities

1 The Great Council

A.
Approves the annual reports of the Council of State, the cantonal courts and the autonomous administrative bodies;
B.
Exercise the rights of participation that the Federal Constitution grants to the cantons;
C.
A decision on conflicts of jurisdiction in so far as this is not a matter for a court;
D.
Rules the salaries, annuities and pensions paid by the canton;
E.
Elects for one year the President and Vice-President of the Government and, for an administrative period, the President, the Vice-President and the other members of the canton's courts, the Chancellor of State, the Ombudsman and the Federal jurors;
F.
Confers the right of cantonal city to foreigners;
G.
Exercises rights of grace and amnesty.

2 The law may grant other powers to the Grand Council.

§ 68 Constitution

The Grand Council appoints its chairperson and vice-chairperson from among its members for a period of one year.

§ 69 Commissions and Groups

1 The Grand Council may appoint committees from among its members to prepare its debates.

2 The law may transfer specific powers from the Grand Council to the commissions.

3 Members of the Grand Council may form groups. Contributions can be made to groups as well as to meetings of Members who are not composed of enough members to form a group.

§ 70 Organization and procedure

1 The law regulates the organisation of the Grand Council and its relationship with the Council of State and the supreme courts.

2 The regulation of the Grand Council contains other organisational and procedural provisions.

3. State Council and Administration

§ 71 Role

1 The Council of State is the executive authority and the highest executive authority of the canton.

2 It consists of five members.

§ 72 Incompatibilities

1 Members of the Council of State may not engage in any activities of a private nature. They can only work for profit-making companies as representatives of the canton.

2 Only one member of the Council of State may be a member of the Federal Assembly.

§ 73 Planning

1 The Council of State determines the main aims and means of the action of the State. It plans and coordinates the activities of the State.

2 At the beginning of each Parliament, it establishes a government program and a financial plan and reports to the end of the legislature on their achievement.

3 It lays down the aims and main annual tasks of the Council of State and Administration in the annual programme and gives it to the Grand Council at the same time as it submits the budget.

4 The powers of the electoral body and the Grand Council are reserved.

§ 74 Legislation

1 The Council of State submits draft constitutional amendments, laws and decrees to the Grand Council.

2 It lays down orders on the basis of and within the framework of laws and treaties to the extent that the law does not exceptionally authorize the Grand Council to issue implementing provisions.

3 It may also issue orders to prevent or stop current or imminent disturbances of public order or security or to deal with situations of necessity. Such orders must be submitted immediately to the Grand Council for approval. They cease to have effect no later than one year after entry into force.

§ 75 Financial decisions

1 The Council of State is authorised to decide on new and unique expenditure up to a sum of 50 000 francs and to make loans in the context of the financial plan and the budget.

2 It has the financial heritage.

3 The rules on expenditure powers apply to financial contributions to private companies insofar as these investments are not only investments.

§ 76 Directorate and Administration

1 The Council of State is the head of the cantonal administration. It monitors the other institutions that carry out public duties.

2 It shall ensure that the administration acts in accordance with the law and in an effective manner and determines, within the limits of the Constitution and laws, the proper organisation of the administration.

3 It shall act to the extent provided for by the Law on Administrative Appeals.

4 It does not apply legislative acts which are contrary to federal law, cantonal constitutional law or cantonal laws.

§ 77 Other responsibilities

1 The Council of State

A.
Maintains public order and security;
B.
Represents the township within and outside the canton;
C.
Maintains relations with the authorities of the Confederation and other cantons;
D.
Concludes by itself, within the limits of its jurisdiction, treaties and administrative agreements;
E.
Conduct elections or appointments to the extent that they are not within the competence of other bodies;
F.
Confers the right of cantonal city to the Swiss.

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

§ 78 College Authority

1 The Council of State takes its decisions collegially.

2 The President of the Government assumes the Presidency. He leads the work and fulfills government obligations.

3 The law may delegate specific decision-making powers of the Council of State to the President of the Government.

§ 79 Cantonal Administration

1 The cantonal administration consists of five directorates and the State Chancellery. 1

2 Each member of the Council of State is at the head of a directorate.

3 The State Chancellery serves as a general coordination service to the Grand Council and the Council of State. It is headed by the Chancellor of State.

4 The law determines which administrative functions are incidental to which all active citizens are eligible.


1 Accepted in popular vote of 17 June 2012, in force since 1 Er Jan. 2014. Ass Warranty. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 3,3447).

§ 80 Other institutions performing public tasks

1 The law may establish autonomous administrative bodies.

2 In order to carry out its tasks, the canton may participate in joint trade unions and in public institutions or mixed economy.

3 It may transfer administrative tasks to autonomous administrative bodies, to municipalities, to inter-cantonal or inter-communal organisations, to mixed economy enterprises and to private law organisations.

4 The legal protection of citizens and supervision by the Grand Council and the Council of State must be guaranteed in each case.

§ 81 Organization and procedure

1 The law regulates:

A.
The outline of the organisation of the Council of State and the cantonal administration;
B. 1
The broad lines of staff law;
C.
Administrative procedure and justice.

2 Other organisational and procedural provisions are included in the Rules of Procedure of the Council of State and in ordinances.


1 Accepted in popular vote of 23 Nov 1997, in force since 1 Er Apr 1998. Ass Warranty. Fed. 10 June 1999 ( FF 1999 4784 Art. 1 ch. 4 2299).

4. Courts

§ 82 Role and independence

1 All courts are subordinate only to the law and are independent in their decisions.

2 They run the judicial administration. The law may authorize them to enact implementing provisions. 1

3 The cantonal court represents the courts in relations with other authorities. 2


1 Accepted in popular vote of 10 June 2001, in force since 1 Er Apr 2002. Ass Warranty. Fed. Of the 237-7. 2002 ( FF 2002 6133 Art. 1 ch. 5 3304).
2 Accepted in popular vote of 10 June 2001, in force since 1 Er Apr 2002. Ass Warranty. Fed. Of the 237-7. 2002 ( FF 2002 6133 Art. 1 ch. 5 3304).

§ 83 Civil Jurisdiction

1 Civil jurisdiction is exercised

A.
By Justices of the Peace;
B. 1
By the civil circle courts;
C. 2
By the cantonal court.

2 The law may submit specific cases to special courts.

3 The arbitral tribunal in the matter of financial disputes shall be recognised. Arbitral awards may be referred to the courts of the canton in accordance with the law.


1 Accepted in popular vote of 17 June 2012, in force since 1 Er Apr 2014. Ass Warranty. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 3,3447).
2 Accepted in popular vote of 10 June 2001, in force since 1 Er Apr 2002. Ass Warranty. Fed. Of the 237-7. 2002 ( FF 2002 6133 Art. 1 ch. 5 3304).

§ 84 1 Criminal Justice

1 The criminal court is exercised by

A.
The Criminal Court;
B.
The Juvenile Court;
C.
The court for coercive measures;
D.
The cantonal court.

2 The authorities responsible for criminal prosecution are the police, the prosecutor's office and the juvenile prosecutor.

3 The law regulates the competence of the administrative services and the municipal authorities to impose fines.


1 Accepted in popular vote of 17 May 2009, in force since 1 Er Jan. 2011. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 2, 2010 7239).

§ 85 1 Administrative Jurisdiction

1 The administrative court shall be exercised by:

A.
The Tax Tribunal and the Expropriation Tribunal;
B.
Abrogated
C.
Abrogated
D.
The cantonal court.
E.
The Tribunal for Restraint Measures. 2

2 The cantonal court rules on conflicts of jurisdiction between administrative authorities.


1 Accepted in popular vote of 10 June 2001, in force since 1 Er Apr 2002. Ass Warranty. Fed. Of the 237-7. 2002 ( FF 2002 6133 Art. 1 ch. 5 3304).
2 Accepted in popular vote of 28 Nov 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. On March 6, 2012 ( FF 2012 3603 Art. 1 ch. 3, 2011 7403).

§ 86 Constitutional Jurisdiction

1 The constitutional jurisdiction is exercised by the cantonal court. 1

2 As the Constitutional Court, the cantonal court knows: 2

A.
Appeals for infringement of constitutional rights, in particular fundamental rights and popular rights;
B.
Conflicts of jurisdiction between the canton and the municipalities or the municipalities between them;
C.
Remedies for the violation of communal autonomy.
3 Cannot be attacked:
A.
Constitutional provisions and laws, except for their acts of application;
B.
Decisions of the Grand Council and the Council of State for which the federal law or the law makes an exception;
C.
The emergency clause of a statute.

1 Accepted in popular vote of 10 June 2001, in force since 1 Er Apr 2002. Ass Warranty. Fed. Of the 237-7. 2002 ( FF 2002 6133 Art. 1 ch. 5 3304).
2 Accepted in popular vote of 10 June 2001, in force since 1 Er Apr 2002. Ass Warranty. Fed. Of the 237-7. 2002 ( FF 2002 6133 Art. 1 ch. 5 3304).

§ 87 Organization and procedure

1 The law addresses the broad lines of the organization and the jurisdiction of the courts, as well as the procedure before them. A swift and secure procedure must be guaranteed. 1

2 A court may be subdivided into several chambers and engaged in several orders of jurisdiction.

3 The cantonal court supervises the canton's courts and reports annually to the Grand Council. 2

4 The Act sets out the conditions and jurisdiction for the election of extraordinary members of the courts. 3


1 Accepted in popular vote of 10 June 2001, in force since 1 Er Apr 2002. Ass Warranty. Fed. Of the 237-7. 2002 ( FF 2002 6133 Art. 1 ch. 5 3304).
2 Accepted in popular vote of 2 Dec. 2001, effective from 1 Er Jan 2002. Ass guarantee. Fed. Of the 237-7. 2002 ( FF 2002 6133 Art. 1 ch. 5 3304).
3 Accepted in popular vote of 10 June 2001, in force since 1 Er Apr 2002. Ass Warranty. Fed. Of the 237-7. 2002 ( FF 2002 6133 Art. 1 ch. 5 3304).

5. Ombudsman

§ 88 Role and independence

1 The Ombudsman shall ensure that the authorities of the canton and the municipalities and the courts operate in a manner consistent with the law, correct and judicious.

2 It is not bound by instructions from other authorities.

3 Its function is not compatible with the exercise of another profession or industry or with a leading position in a political party.

§ 89 Tasks

1 The Ombudsman shall provide his or her opinion in an appropriate manner on the matters which he has examined and shall endeavour, above all, to settle them amicably.

2 It can formulate criticisms, report defects in positive law and make recommendations. It shall not amend or repeal legislative or administrative acts.

3 It has the right to consult the files and to request all necessary information. It shall be held in secret as the authorities or employees concerned. 1

4 It reports to the Grand Council at least once a year.


1 Accepted in popular vote of 23 Nov 1997, in force since 1 Er Apr 1998. Ass Warranty. Fed. 10 June 1999 ( FF 1999 4784 Art. 1 ch. 4 2299).

Section 6: Public tasks

1. Principles

§ 90 Constitutional Basis

An amendment to the Constitution was necessary in order for the canton to take on a new cantonal task, which was not enforced by federal law. It is submitted to the people at the same time as the legal implementing provisions.

§ 91 Collaboration

The canton collaborates with the municipalities in the execution of public tasks.

2. Public Safety and Disaster Preparedness

§ 92 Public Safety

The canton and the communes guarantee public order and security.

§ 93 Precautions in anticipation of disasters

The canton and the municipalities take precautionary measures in anticipation of disasters and to ensure the functioning of the state's main services in situations of necessity.

3. Training and Culture

§ 94 Principles relating to the school system

1 The school ensures, in liaison with the parents, that the students receive an education and training that corresponds to their provisions and skills. The subjects taught are the same for girls and boys.

2 Relations between school authorities, teachers, pupils and parents are based on mutual respect for the rights and personality of each.

3 The law regulates the participation of parents, teachers and pupils.

4 All schools are subject to supervision by the canton.

§ 95 School attendance

1 Attendance at school is compulsory for children whose age is within the limits set by law.

2 Education in public schools is free for the inhabitants of the canton. The law determines the exceptions.

3 Attendance at public schools must be possible without the result of attacks on freedom of belief and conscience.

4 The canton and the communes encourage the integration of children with disabilities into society by providing them with educational training adapted to their disabilities.

§ 96 School Leaders

1 The law determines who is responsible for public schools and other public institutions for training or vocational training.

2 The canton supports the communes in the execution of their tasks in school matters.

3 It may enter into treaties with other cantons and maintain schools and educational institutions in common with them.

§ 97 Adult vocational training and training

1 The canton guarantees and supports vocational and continuing education.

2 It monitors vocational training and encourages the acquisition of a general culture by apprentices.

3 The canton and the communes encourage adult education.

§ 98 High schools and specialized schools

1 The canton makes a fair contribution to Swiss high schools and special schools, as well as to scientific research.

2 It ensures access to Swiss high schools and specialized schools.

3 He participates, within the limits prescribed by law, at the University of Basel.

§ 99 Private schools

1 Private schools are subject to the supervision of the canton.

2 The latter may support private schools in the canton or outside the canton.

§ 100 Countervailing Measures

1 Schools are responsible for taking compensatory measures in favour of disadvantaged children due to the situation of their home, due to infirmity or social reasons.

2 The canton grants scholarships and training loans.

§ 101 Culture

1 The canton and the communes encourage artistic and scientific creation as well as promotion and cultural activities.

2 They strive to make all discoveries and the production of artists and scientists accessible to all.

3 They can maintain cultural institutions and support efforts to promote recreation development.

§ 102 Protection of nature and landscape

1 The canton and the municipalities encourage the protection of nature and the landscape, as well as the conservation of historic monuments.

2 They protect the sites that deserve to be preserved, as well as natural monuments and cultural property.

4. Social security

§ 103 Social Assistance

1 The canton and the municipalities, in cooperation with private organisations, take care of the people who need help.

2 They shall, in particular, endeavour to prevent situations of social distress, to remove its causes and to erase its consequences. They encourage the measures taken by the people themselves to get out of business.

3 They may create or support provident and assistance institutions as well as supplement the social security benefits of the Confederation.

§ 104 Working

1 Within the limits of federal law, the canton lays down requirements on labour relations and the protection of workers.

2 The canton and the municipalities are taking measures to prevent unemployment and mitigate its consequences.

3 The canton takes and supports measures to promote retraining.

4 It can act as a mediator in case of dispute between the social partners.

§ 105 Disabled

The canton and the communes encourage, in cooperation with the disabled aid organisations, the professional and social integration of the disabled.

§ 106 Housing

1 The canton and the communes may grant rent facilities. 1

2 The communes help those who seek accommodation, and they take care of the homeless.

3 The township maintains a conciliation commission for disputes concerning leases.


1 Accepted in popular vote of 19 Oct. 2003, in force since 1 Er Nov 2003. Ass Warranty. Fed. On 6 Oct. 2005 ( FF 2005 5625 Art. 1 ch. 3 2715).

§ 106 A 1 Encouragement of home ownership of housing for personal use and construction of public utilities 2

1 The canton encourages the construction of housing, the acquisition of housing for the personal use of natural persons and the construction of housing by public works masters. It takes into account the principle of measured land use through the densification of buildings and encourages accommodation for the elderly. 3

2 In particular, it adopts provisions for public works masters to provide incentives for the construction and acquisition of cheap housing in the canton and the provisions on financing Real estate renovation in the canton, particularly in the areas of energy conservation and environmental protection. 4

3 In particular, it regulates the relief granted at the time of the first acquisition in the canton of a home inhabited by its owner, as well as to the owners who live in their homes, including other income and capital not invested in The land is in a ratio of sustainable imbalance to the cost of maintaining their land ownership and mortgage interest.

4 In particular, it adopts provisions for dwellings inhabited by their owners introducing incentives for the creation of savings related to investment in the acquisition of first housing in the canton and in the Provisions on the financing of energy conservation and environmental protection measures applicable to existing ownership housing in the canton. 5

5 In particular, it adopts provisions on the reasonable estimation of the rental value. 6


1 Accepted in popular vote of 19 Oct. 2003, in force since 1 Er Nov 2003. Ass Warranty. Fed. On 6 Oct. 2005 ( FF 2005 5625 Art. 1 ch. 3 2715).
2 Accepted in popular vote of 9 February 2014, in force since 1 Er March 2014. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1 ch. 5, 2014 8899).
3 Accepted in popular vote of 9 February 2014, in force since 1 Er March 2014. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1 ch. 5, 2014 8899).
4 Accepted in popular vote of 9 February 2014, in force since 1 Er March 2014. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1 ch. 5, 2014 8899).
5 Accepted in popular vote of 9 February 2014, in force since 1 Er March 2014. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1 ch. 5, 2014 8899).
6 Accepted in popular vote of 9 February 2014, in force since 1 Er March 2014. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1 ch. 5, 2014 8899).

§ 107 Family, Youth, Elderly

1 The canton and the communes protect the family, the parental function and the maternity.

2 They are involved, in collaboration with private organisations, in the needs of young people and the elderly.

§ 108 Foreigners

The canton and the municipalities, in cooperation with private organisations, promote the well-being and integration of foreigners.

§ 109 Nomads

The township and the communes help the nomads to find parking spaces.

5. Health

§ 110 Principles

1 Everyone is responsible in the first place for maintaining their health.

2 Health insurance is compulsory within the limits set by law.

3 The canton creates the conditions for ensuring adequate medical care for the population and for public health.

4 It monitors and coordinates health services.

§ 111 Tasks

1 The canton, in cooperation with municipalities, neighbouring cantons and individuals, is taking measures to maintain and restore health and to care for those who have a long-term need for care.

2 It maintains medical facilities, supervises private clinics and coordinates the various hospital structures.

3 Sufficient ambulatory medical care is provided to the population, in cooperation with individuals, by the canton and the communes. Municipalities encourage home care and nursing care.

4 The Canton ensures the training of hospital staff, participates in the teaching of medicine and regulates the practice of medical professions.

5 The canton and the municipalities encourage general sporting activities.

6. Environment and Energy

§ 112 Principles of environmental protection

1 The canton and the communes shall endeavour 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 man.

2 They protect man and his natural environment from harmful and inconveniences.

3 In particular, it is necessary to preserve the purity of the land, air and water, to preserve the beauty and originality of the landscapes, to protect the fauna and flora by the granting of sufficient spaces and to limit the noise.

4 The Township encourages the use of technologies that provide the environment.

§ 113 Waste water and waste

1 The Township and the Municipalities shall ensure that waste water is derived and the waste disposed of in a manner that cleaners the environment. The person or company that produced the waste water and waste also has this obligation.

2 Waste must be recycled to the extent that it is possible and sensible.

§ 114 Water Supply

1 The township is responsible for meeting regional water requirements. It can transfer this task to third parties.

2 It is the responsibility of the municipalities to ensure the supply of water on their territory. In particular, they are responsible for the distribution of water.

§ 115 Energy supply

1 The canton and the municipalities encourage an energy supply that is safe, economically optimal and environmentally friendly, as well as a measured and economical use of the latter.

2 The canton enacts a design that contains the principles of cantonal energy policy. It shall ensure that no nuclear power plant operated on the basis of nuclear fission, no facility for reprocessing nuclear fuel and no medium and highly radioactive waste deposits are erected on The cantonal territory or in its vicinity. 1

3 The canton and the municipalities may participate in facilities for energy supply and, if necessary, build and operate such facilities themselves.


1 2 E Accepted in popular vote on November 4, 1984, subject to s. 24 D Of the cst. Federal (RO 1957 1041) and the resulting federal legislation (s. 1 of June 11, 1986; FF 1986 II 699), in force since 1 Er Jan 1987. At this disp. Is currently the art. 90 of the Cst. 18 Apr. 1999 (RS 101 ).

7. Spatial planning and transport

§ 116 Land use planning

1 The canton and the communes ensure the rational occupation of the territory, the judicious use of the soil and the maintenance of places of relaxation.

2 The canton shall issue management plans which constitute the aims of the canton or of a region in the field of development and which accord with each other the measures for the development of the canton and the municipalities, as well as the detailed plans for Realize the goals of development.

3 Municipalities enact development plans within the limits of the management plan.

4 The significant advantages and disadvantages resulting from the accommodation measures are fairly compensated within the limits of the law.

5 The overall surface area allocated to the agricultural and forestry operation must be maintained.

§ 117 Participation in development

1 The canton and the municipalities take into account the opinion of the population groups concerned when drawing up the plans.

2 Management plans and detailed plans are developed in cooperation with the municipalities, neighbouring cantons and neighbouring foreign regions. In addition, the municipalities are participating in their finalization.

§ 118 Public shoses

1 The canton lays down requirements on public matters.

2 It exercises sovereignty over the cantonal roads and the waters.

§ 119 Cadastral constructions and measurements

1 The canton regulates constructions as well as cadastral measurements and cadastre.

2 It regulates patchwork and boundary adjustments.

§ 120 Transport

1 The canton and the municipalities regulate transport and roads.

2 They shall ensure that the transport system clean up the environment and are economically as favourable as possible.

3 The canton, in cooperation with the municipalities, encourages public transport.

8. Economy

§ 121 Goals of the Cantonal Economic Policy

1 The canton encourages, in cooperation with the municipalities, a balanced development of the economy. In particular, it strives to maintain a diversified economic structure and full employment.

2 Incentives must take into account the interests of small and medium-sized enterprises and agriculture, as well as the requirements of spatial planning and environmental protection.

3 The canton aligns those of its activities which are of economic importance to the aims of the cantonal economic and social policy.

§ 122 Retail Trade

The canton and the municipalities encourage decentralised retail trade. In particular, there is a need to set limits on the construction of new malls and the expansion of existing shopping centres.

§ 123 Agriculture

1 The canton is taking measures to maintain an independent and healthy peasantry as well as productive agriculture.

2 In particular, it encourages and supports:

A.
Agricultural training and agricultural consultation and experimentation centres;
B.
Family businesses and businesses whose operation constitutes an ancillary activity;
C.
The maintenance of rural land ownership;
D.
Improvements in agricultural structures, land consolidation and land improvements;
E.
Collaboration on a cooperative basis;
F.
The granting of credits and insurance.
§ 124 1 Forests

1 The canton is responsible for the conservation of forests in their scope and geographical distribution. It ensures that forests can carry out their functions in a sustainable way.

2 The canton and the municipalities jointly support the forest economy. They shall ensure that the exploitation of forests takes account of the general interest.

3 Municipal municipalities are monitoring forests that are under their territorial sovereignty.


1 Accepted in popular vote of 27. 1998, in force since 1 Er Jan 1999. Ass Warranty. Fed. 10 June 1999 ( FF 1999 4784 Art. 1 ch. 4 2299).

§ 125 Economic police requirements

The canton and the communes impose requirements in order to ensure a rational exercise of economic activities.

§ 126 Equal

1 The salt and mining regulations as well as the right to dispose of the water table belong to the canton, the rules of hunting and fishing in the communes. Existing private rights are reserved.

2 The regales provide the exclusive right to economic activity and exploitation.

3 The canton and the communes may exercise this right themselves or transfer it to third parties.

§ 127 Cantonal Bank

The canton maintains a cantonal bank which aims to provide capital and promote economic and social development.

§ 127 A 1 Port facilities on the Rhine

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


1 Accepted in popular vote of 6 Dec. 1992, in effect since 1 Er August 1993. Ass Warranty. Fed. Of Dec 14. 1993 (FF 1993 IV 612 art. 1 ch. 6, II 181).

§ 128 Insurance

1 Buildings, land and crops must be insured against damage to a facility in the canton, within the limits prescribed by law.

2 The canton can, by legal means, declare other assurances of things compulsory.

Section 7: Financial regime

§ 129 Finance and Financial Planning

1 Finance must be managed economically and in accordance with the needs of the environment. In the long term, they must be balanced.

2 The canton and the municipalities provide financial planning that is adapted to public tasks.

3 Before a decision, and then periodically, it is appropriate to examine each task and expenditure and to see whether it is necessary and appropriate, what its financial consequences are and whether they are bearable.

§ 130 Revenue

1 The canton, the municipalities and the trade unions of municipalities collect the contributions necessary to carry out their tasks.

2 Their expenditure is also covered by:

A.
Income from their wealth;
B.
Contributions and shares in the revenue of the Confederation and other corporations, undertakings and public institutions;
C.
Other potential revenues;
D.
Borrowings.

3 Unions of communes do not receive a tax.

§ 131 Cantonal taxes

1 The canton collects:

A.
A tax on income and capital of natural persons;
B.
A tax on the profit or capital of legal persons;
C.
A tax on capital gains;
D.
Transfer rights;
E.
A tax on estates and donations;
F.
An ecclesiastical tax on legal persons;
G.
A motor vehicle tax;
H. 1
A tax on appliances, game shows and gambling houses;
I. 2
A visitor's tax.

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


1 Accepted in popular vote of 24 seven. 2000, in force since 1 Er Jan 2001. Ass Warranty. Fed. Of Dec 11. 2001 ( FF 2001 6190 Art. 1 ch. 5 4659).
2 Accepted in popular vote of 3 March 2013, in force since 1 Er Jan. 2014. Ass Warranty. Fed. Of the 24th. 2014 ( FF 2014 7615 Art. 1 ch. 5 3573).

§ 132 Common taxes

1 The communes perceive:

A.
A tax on income and capital of natural persons;
B.
A tax on the profits and capital of legal persons.

2 They collect these taxes in accordance with the cantonal law. They set the quotites within the limits prescribed by law.

3 A basis in cantonal legislation is necessary for other communal taxes.

§ 133 Principles governing the collection of taxes

1 The following elements must be taken into account in the definition of taxes:

A.
The principles of generality, solidarity and economic capacity;
B.
Maintenance of the will to produce in the individual;
C.
The limits arising from the guarantee of ownership and the overall tax burden borne by taxpayers;
D.
The impact on the economy and on competition;
E.
The possibility of tax evasion and tax reduction;
F.
Equal treatment of legal persons, irrespective of their legal form, subject to a tax exemption provided for by law in special cases.

2 Must be promoted fiscally in particular:

A.
The family and persons with a maintenance obligation;
B.
Personal savings, including the creation of a fair capital;
C.
The owner's personal use of a dwelling.

3 Tax fraud and fraud must be combated by effective sanctions.

§ 133 A 1 Simple, easily understandable and consistent tax law

1 The tax law must be simple, easily understandable and consistent. The tax return must be able to be completed in a short period of time and be easily verifiable.

2 The cantonal authorities are working to simplify federal law within the meaning of para. 1.


1 Accepted in popular vote of 27 Nov 2011, in force since 28 Nov 2011. Ass Warranty. Fed. On March 11, 2013 ( FF 2013 2337 Art. 1 ch. 2,193).

§ 134 Fiscal Equalization and Tax Shares of Municipalities

1 The canton ensures fiscal equalization.

2 Fiscal equalization must make it possible to balance the tax burden borne by the taxpayers and the benefits of the municipalities.

§ 135 Legal Basis

The Act governs the principles of finance, the collection of public contributions and fiscal equalization. It sets the share of the municipalities in the product of cantonal taxes.

Section 8: State and churches

§ 136 Churches and religious communities

1 The Evangelical Reformed Church, the Roman Catholic Church and the Christian Catholic Church are recognized as national churches.

2 They are public law corporations with legal personality.

3 Other religious communities may be recognized by the canton. The law regulates the conditions and content of recognition as well as the recognition procedure.

§ 137 Independence of national churches

1 Within the limits of the Constitution and laws, the national churches regulate their affairs autonomously.

2 The ecclesiastical Constitutions and the changes made to them must be approved by the majority of the members of the Churches participating in the vote and by the Council of State. The latter gives its approval when they are contrary neither to federal law nor to cantonal law.

§ 138 Belonging to a national church, right to vote

1 The inhabitants of the canton are part of the national church of their denomination when they fulfil the conditions laid down in the ecclesiastical constitution.

2 It is possible to exit at all times with a written declaration.

3 The ecclesiastical constitution regulates the right to vote in the national church and in parishes.

§ 139 Paroisses

1 The national churches are subdivided into parishes in accordance with the provisions of their Constitution.

2 Parishes are public corporations with legal personality.

3 The ecclesiastical Constitutions determine the role and organization of parishes. They settle the proceedings concerning the meetings or divisions of parishes.

§ 140 Finance

1 In order to carry out their duties, the parishes receive an ecclesiastical tax in accordance with the provisions of the law and the ecclesiastical constitution with the members of their denomination. The national churches regulate financial equalization between their parishes.

2 The product of the cantonal ecclesiastical tax levied on legal persons is distributed among the national Churches in proportion to the number of their members.

3 The canton provides grants to the national churches to the extent provided for by law.

§ 141 Justice

1 The national churches establish an authority to rule on the reports of law at issue and to monitor contested legislative acts. The latter can be seized by the members of the Churches and by the parishes.

2 National churches may allow or require parishes to establish a first instance authority.

3 Legislative acts and decisions of the last instance of the national churches may be appealed to the Administrative Tribunal by the members of the Churches and by the parishes.

4 The Administrative Court examines whether the contested act is in conformity with federal law, the cantonal law and, to the extent that the ecclesiastical constitution provides for it, the law of the national church.

§ 142 Diocese

The Roman Catholic population of the canton is part of the diocese of Basel. The relations between the canton and the diocese are settled by the conventions of the diocesan cantons with the Pontifical Curia.

Section 9: Revision of the Constitution

§ 143 Principles

1 The Constitution may be revised at any time, in whole or in part.

2 To the extent that the following provisions do not provide for anything else, constitutional reviews are carried out in accordance with the rules of the legislative procedure in accordance with the provisions on popular rights.

§ 144 Total Review

1 The people decide in each case whether a total revision should be carried out.

2 The total revision shall be effected 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 duration of duties are not applicable.

3 The entire revised Constitution may be put to the vote as a whole or by parties simultaneously or in a staggered manner over time.

4 If a project is rejected by the people, the Constituent Assembly must submit a second draft. If the latter is also rejected, the total revision shall be deemed to have failed.

§ 145 Partial Review

1 The partial revision may relate to a particular provision or to several provisions materially related to each other.

2 If the Grand Council decides on a partial review or approves a popular or communal initiative requesting a partial review, it may submit this decision to the people's vote.

Section 10: Transitional provisions

§ 146 Entry into force

This Constitution shall enter into force on 1 Er January that follows its acceptance by the people and the granting of the guarantee by the Federal Assembly.

§ 147 Repeal of existing provisions

1 Constitution of the canton of Basel-Campaign of 4 April 1892 1 Is repealed.

2 The provisions whose content is contrary to this Constitution shall cease to have effect.


1 [Compendium of Laws of the Canton of Basel-Country, GS 14 177]

§ 148 Limited maintenance of existing provisions

1 The provisions which have been enacted in accordance with a procedure which is no longer permitted by this Constitution shall remain in force.

2 Such provisions shall be amended in accordance with the procedure laid down in this Constitution. In particular, the provisions which must now be in the form of the law can only be amended in accordance with the rules of the legislative procedure.

§ 149 Elaboration of new provisions

If new provisions are to be enacted, this task must be carried out without delay.

§ 150 Optional Referendum

If a request for a referendum is made under the old right, the time limit shall be eight weeks even if the latter has started to run before the entry into force of the new Constitution.

§ 151 Participation of municipalities

Until the entry into force of legal provisions, the following regulations will be applied:

A.
Initiatives or requests for a referendum of the communes in accordance with § 49, para. 1, shall be filed by the local assembly or the General Council. These decisions are not subject to the referendum;
B.
The right of the communes to be heard in accordance with § 49, para. 3, is exercised by the municipal council.
§ 152 Authorities and officials

1 The authorities and civil servants remain in office until the end of the administrative period under the old law.

2 The provisions of this Constitution shall apply to elections of renewal and to supplementary elections.

3 The new authorities created by this Constitution shall be elected without delay.

§ 153 Constitutional Jurisdiction

Until the entry into force of legal provisions on the constitutional jurisdiction, the Law on Justice in Administrative and Social Insurance applies mutatis mutandis to the constitutional procedure.

§ 154 Constitutional Basis

The provisions concerning the performance of public tasks which are devoid of constitutional basis in accordance with § 90 shall remain in force until they are amended.

§ 155 1 Heritage Liquidation of Laufonnais

If the heritage liquidation with the canton of Bern concerning the Laufonnais results in expenditure for the canton of Basel-Country, they are finally accepted.


1 Accepted in popular vote of 22. 1991, in force since 1 Er Jan 1994. Ass guarantee. Fed. June 9, 1993 (FF 1993 II 1069 art. 1, I 965).

§ 156 1 Reduction of the administrative period due to the transition to the "public prosecutor" model

The administrative period 2010-2014 expires on 31 December 2010 for members of the following authorities:

A.
Prefects;
B.
The Chief of Special Education Judges.

1 Accepted in popular vote of 17 May 2009, in force since 1 Er Jan. 2011. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 2, 2010 7239).

§ 157 1 Administrative period of the criminal court in criminal matters

The administrative period 2010-2014 will expire for presidents and other members of the court of procedure in criminal matters as soon as all appeals procedures within the meaning of s. 453, para. 1 of the Swiss Code of Criminal Procedure 2 Will be closed. The Criminal Law Division of the cantonal court will then take over from the court of procedure in criminal matters, provided that there is no other jurisdiction under federal law.


1 Accepted in popular vote of 17 May 2009, in force since 1 Er Jan. 2011. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 2, 2010 7239).
2 RS 312.0

Index of Contents

Numbers refer to articles and divisions of articles of the Constitution

Administration

-
State Chancellery 79 3
-
Composition 79 1
-
Management and administration 76 1, 2
-
Districts 41
-
High monitoring 61
-
Administrative jurisdiction v. Tribunals
-
Mediator 88 1
-
Organization regulated by law 81 1a
-
Autonomous administrative bodies 80 1
-
Administrative procedure and justice 81 1c
-
Administrative appeal 76 3
-
Unions and public institutions or mixed economy, participation 80 2

V. Also Council of State

Age As a condition of right to vote 21 2

Agriculture V. Economy

Social Assistance 103

Allies and parents , incompatibilities 52

Land use planning

-
Participation 117
-
Principles and goals 116

Arrests and searches Legality 15 4

Orders V. Laws

Insurance 128

Hearing of interested parties 34 1

Authorities

-
Cantonal authorities 49 A -89
-
Incompatibilities 51, 52
-
Official language 57
-
Administrative period 53
-
Promise 59
-
Advertising and information 55, 56
-
Recusal 58
-
Requests to authorities 10 1
-
Respect for the Constitution and the law 4
-
Responsibility 13, 60 1

Cantonal Bank 127

Baux Conciliation commission for township disputes 106 3

Noise V. Environmental Protection

Budget

-
Arrested by the Grand Council 66 B
-
Preparation of the budget by the Council of State 73 3

Canton

-
Administration v. Administration
-
Cantonal authorities 49 A -89
-
Cantonal bank 127
-
Chief capital 40
-
Democratic state 2
-
Role in the Swiss Confederation 1
-
Territory 39
-
Cantonal Court 84 1d , 157

Disasters , precautions 93

Electoral Circles 43

Civil Justice Circles 42

-
Organization regulated by law 43

Public shoses 118

Collaboration Intercantonal and regional 3

Commons 44-49

-
Autonomy 45
-
Collaboration 48
-
Municipal communes 44, 46, 47
-
Bourgeois communes
-
Tasks 44 3
-
Existence and merger 46 3, 4
-
Duration of charges 26 3
-
Communal elections 26
-
Communal initiative 28 5
-
Boundary changes 46 1bis
-
Concept 44 1
-
Organization 45, 47
-
Participation in the township 49
-
Rectification of limits 46 2
-
Meeting and division 46
-
Tasks 44

Skills Conflicts ruled by

-
The Constitutional Court 86 2b
-
The Grand Council 67 1c
-
The cantonal court 85 2

Accounts V. Budget

Council of State

-
Election
-
Of members of the Council of State 25 1b
-
Chair and Vice-Chair 67 1st
-
Eligibility 50
-
Incompatibilities 51, 52, 72
-
Administrative period 53
-
Annual reports, approval by the Grand Council 67 1a
-
Seat 40 2
-
Tasks and assignments
-
Collegial authority 78
-
Other duties 77
-
Financial decisions 75
-
Management and administration 76, 79
-
Be a member of the Federal Assembly 72 2
-
Legislation 74
-
Planning 73
-
Role 71
-
Monitoring of other institutions performing public tasks 80 4
-
Orders to prevent or stop current or imminent disorders 74 3

Constitution

-
Initiative 28 1-4 , 49 1
-
Reviewing
-
Partial 145
-
Principles and procedure 143
-
Total 144
-
Constitutional jurisdiction v. Tribunals

Accommodation Constructions 106 A

Cadastral constructions and measurements 119

Consultation Political parties and organizations 35 1

Contributions V. Taxes

Culture Encouragement 101

Debates V. Advertising

Tax Return 133 A 2

Orders As a form of the implementing provisions of the Grand Council 63 3

Delegation Other bodies jurisdiction to lay down fundamental provisions, prohibition 36

Human Dignity Protection 5

Diocese of Basel 142

Districts 41

Freedom of the City

-
Acquisition and loss 18
-
In the commune 44 3, 4
-
Right of cantonal city to foreigners 67 1f
-
Cantonal law of the Swiss 77 1f
-
Facilitated naturalization 19

Right to be heard 9 3

Right to vote

-
Conditions 21
-
Content 22
-
Exercise 23
-
Violation of right to vote 37

Political rights V. Popular Rights

Popular Rights 21-38 v. Also Delegation. Right to vote. Elections. People's Initiative. Popular Votations

Rights and duties of persons 5-20

Fundamental rights V. Individual freedoms

Social rights Means necessary for existence, social security, training, work, housing 16, 17

Transitional charge 146-155

-
Repeal of existing provisions 147
-
Limited maintenance limited 148
-
Administrative period for authorities and officials 152

Specified duration Charges by the municipal authorities 26 3

Water

-
Water supply 114

School

-
Private schools 99
-
Attendance at school 95
-
Compensatory measures in favour of disadvantaged children 100
-
School system principles 94
-
School officials 96

V. Also Training. High schools and specialized schools

Economy

-
Agriculture 123
-
Cantonal bank 127
-
Economic policy goals 121
-
Retail trade 122
-
Forestry economics 124 2
-
Economic police requirements 125
-
Regales 126

Equality 7, 8

Churches

-
Religious communities
-
Discovery 136 3
-
National churches
-
Autonomy 137
-
Membership 138
-
Taxes and subsidies 140
-
Discovery 136

Elections

-
Electoral circles 43
-
Of the bodies of the Confederation 24
-
Of the organs of the canton and districts 25
-
Communal elections 26
-
Justices of the peace 1d
-
Method of voting 27
-
Civil circle courts 25 1c , 43

Employees Authorities

-
Staff right 81 1b
-
Limitations on fundamental rights 15
-
Administrative period 53
-
Principle 49a 2
-
Recusal 58
-
Liability 60
-
Salaries, annuities and pensions paid, allocation of the Grand Council 67 1d

V. Also Authorities

Energy Supply 115 v. Also Nuclear

Foreigners Encouragement of well-being and integration 108

Expropriation Allowance 13 4

Family Protection 107

Wildlife and Flora Protection 112 3

Finance and Financial Planning 129, 135

Forests 124

Training

-
Retraining 104 3
-
Vocational training and adult education 97

V. Also School. High schools and specialized schools

Guarantee of the means necessary for existence 16 1

Thanks and amnesty 67 1g

Grand Council

-
Approval
-
Other duties 67
-
Treaties subject to referendum 64
-
Activities of the State 65 1
-
Government program 65 1
-
Commissions and groups 69
-
Constitution 68
-
Decisions 63-67
-
Financial 66
-
Election 25
-
Eligibility 50
-
Immunity 60 2
-
Incompatibilities 51
-
Independence 62
-
Limitation of mandates 54
-
Organization and procedure 70
-
Administrative period 53
-
Advertising of debates 55
-
Role and high monitoring 61
-
Seat 40 2

Disabled Encouragement and integration 105

High schools and specialized schools 98

Hospitals V. Health

Taxes

-
Simple, understandable, coherent 133 A 1
-
Share of communes 135
-
Perception
-
Communal taxes 132
-
Cantonal taxes 131
-
Principles 133

Incompatibilities 51, 52, 72

Public Information 34 1 , 55, 56

People's Initiative

-
Communal initiative 28 5
-
Principles and content 28
-
Procedure 29

Jurisdiction V. Tribunals

Official Language 57

Laufonnais

-
Heritage liquidation 155
-
V. Also Judicial Districts. Districts

Individual freedoms

-
As fundamental rights 6 2
-
Limitations 15
-
Protection 6
-
Realization 14
-
Liability due to unjustified limitations 13 3

Dwellings 106

-
Accession promotion and construction 106 A

Laws

-
Simple, understandable, coherent 133 A
-
Entered into force 12, 63 4
-
Legislative initiative 28 1 , 49 1
-
Legislation 63
-
Non-retroactivity 11

Game Houses Tax 131 1/h

Ombudsman

-
Role and independence 88
-
Tasks 89

Constraint Measures 84 1c

Public Prosecution 84 2 , 156

Nature and landscape , protection 102

Nomads 109

Nuclear, Nuclear power plant, construction stop 115 2

Paroisses

-
Membership 139 1
-
Ecclesiastical tax 140
-
Jurisdiction 141
-
Organization 139 3
-
Appeals to the Administrative Tribunal 141 3

V. Also Diocese of Basel

Participation The formation of opinion

-
Hearing in the development of legislative acts or decisions of the Grand Council 34 1
-
Consultation with political parties 34 2 , 35 1

Political parties and organizations

-
Consultation 34 2
-
Implementing provisions 38
-
Encouragement by canton 35 2
-
Participation in the formation of opinion 35 1

Fiscal Equalization 134, 135

Search, arrest and seizure Legality 15 4

Petition Entitlement 10

Criminal prosecution Authorities 84 2

Power of the State 2

Deprivation of liberty Right to damages 9 4 , 13 3

Prosecutor 84 2

Property Protection and encouragement 6 3

Property of the dwelling Encouragement 106 A

Protection of the environment

-
Waste water and waste 113
-
Principles 112
-
Protection from harmful and inconvenienced pests 112 2

V. Also Energy. Waters

Protection of interests Private or public 56 3 Legal protection

-
Citizens and organisations performing public tasks 80
-
Members of the churches and parishes 141 3
-
In general 9

V. Also Tribunals. Ombudsman

Public/- que/s

-
Public things 118
-
Information 34 1 , 56
-
Public tasks
-
Constitutional basis 90, 154
-
Collaboration with municipalities 91
-
Public transport 120 3

Advertising Debates Grand Council and courts 55

Referendum

-
Financial referendum 31 1b
-
V. Also Popular Votations

Equal 126

Religion V. Churches. Individual freedoms

Legal Information 9 2

Requests to authorities 10

Liability Of the Township and the Municipalities 13

Income Of the canton and municipalities 130

Revision of the Constitution , v. Constitution

Rhine , port on 127a

Non-logis Assistance by municipalities 106 2

Health

-
Compulsory health insurance 110 2
-
Medical care 110 3
-
Tasks of the canton and the municipalities 111

Public Safety 92

Social security 16 2 , 104

Tasks of the Confederation Participation in accomplishment 1 2

Public Tasks 90-128

Residence Fee 131 1 i

Torture Prohibition 15 4

Transport 120

Treaties and agreements

-
Approval 64 1a
-
Conclusion 77 1d

Working 104

Tribunals

-
Criminal Court 84 1a
-
Eligibility 50
-
Incompatibilities 51, 52
-
Independence 82
-
Administrative court 85, 141 3, 4
-
Civil jurisdiction 83
-
Constitutional jurisdiction 86
-
Criminal jurisdiction 84 1
-
Organization and procedure 87
-
Administrative period 53
-
Advertising of debates 55
-
Seat of the cantonal court 40 2
-
Cantonal Court 84 1d , 157
-
Court of constraint measures 84 1c
-
Juvenile court 84 1b

Rental Value 106 A 5

Popular Votations

-
Time limit under the old right 150
-
Optional 31
-
Required 30
-
Procedure in votations for multiple objects 33
-
Revision of the Constitution 144 1, 3 , 145 2
-
Special voting 32

Accepted in popular vote of 4 Nov 1984, in force since 1 Er Jan 1987. Ass Warranty. Fed. June 11, 1986 (FF 1986 II 699 art. 1, 1985 II 1173).


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.


Status on March 11, 2015