RS 131.216.2 Constitution of the canton of Nidwalden, of 10 October 1965

Original Language Title: RS 131.216.2 Constitution du canton de Nidwald, du 10 octobre 1965

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131.216.2

Translation ¹

Constitution of the canton of Nidwalden ²

On 10 October 1965 (State on 2 March 2011) ³

In the name of Almighty God!

The people of Nidwalden,

To protect freedom and the right, to increase the welfare of all and to strengthen the position of Nidwalden as the canton of Confederation,

Adopted the following Constitution:

I. The rights and duties of citizens ⁴

A. Fundamental rights

Art. 1 Individual freedoms

Individual freedoms

¹ Human liberty and dignity are inviolable.

² Within the limits of federal law and the cantonal laws enacted to safeguard public order, are in particular guaranteed:

1.: Freedom of belief and conscience, as well as freedom of worship;
2.: Freedom of opinion, the right to demonstrate and disseminate opinions, in particular freedom of the press;
3.: Freedom of association and freedom of assembly;
4.: Freedom of establishment for all Swiss citizens;
5.: Body integrity;
6.: Freedom of human movement and the inviolability of the home;
7.: Private rights and inalienable claims, subject to expropriation in the public interest;
8.: Freedom of trade and industry.

Art. 2 ¹Principle of equality

Principle of equality

¹ All persons are equal before the law.

² No one shall be discriminated against or take advantage of his or her sex, origin, language, race, social situation, philosophical, political or religious convictions.

³ The canton and the municipalities encourage the achievement of de facto equality between men and women.

¹ Accepted in popular vote of 22. 1996, effective 22 September 1996. Ass Warranty. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 2, 1997 III 1033).

Art. 3 Legal protection

Legal protection

¹ No one shall be exempt from his or her natural justice.

² The right to be heard is guaranteed.

³ The right to free legal assistance in case of indigence is guaranteed within the limits of the law.

⁴ ... ¹

¹ Repealed popular vote on May 2, 2010, with effect from May 2, 2010. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 1, 2010 7239).

Art. 4 ¹

¹ Repealed popular vote on May 2, 2010, with effect from May 2, 2010. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 1, 2010 7239).

Art. 5 Retroactivity

Retroactivity

Legislation that imposes burdens on individuals cannot have retroactive effect.

Corporations and institutions of public law must remedy within the limits of the law the damage that their authorities, officials and employees cause to third parties in the performance of a non-profit service.

Art. 7 Repairing

Repairing

Expropriation or a similar restriction of private property or a heritage right implies full reparation.

B. Political rights

Art. 8 ¹Active citizens

Active citizens

An active citizen is any person of Swiss nationality who is legally established in the canton, has 18 years of age and is not deprived, by law, of his political rights.

¹ Accepted in popular vote of 22. 1996, effective since 22 Sept. 1996. Ass Warranty. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 2, 1997 III 1033).

Art. ¹

¹ Repealed popular vote of the 22nd. 1996, with effect from 22 seven. 1996. Ass Warranty. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 2, 1997 III 1033).

Art. 10 Exercise of political rights

Exercise of political rights

The active citizen may, in the canton and at his place of residence:

1.: Participate in the votes and elections;
2.: Exercise the right of initiative and referendum;
3.: Be elected to a public office; the legislation determines the cases in which the eligibility of officials is subject to the possession of a certificate of capacity or in which the quality of an active citizen is not required.

Art. 11 Right of petition

Right of petition

Everyone has the right to petition the authorities.

Art. 12 Acquisition and Loss of the Freedom of the City

Acquisition and Loss of the Freedom of the City

The acquisition and loss of the right of cantonal and communal city are regulated by law.

C. Duties

Art. 13 ¹Civic Duties

Civic Duties

¹ Every person fulfils his duties under the cantonal and communal laws.

² Participation in elections and cantonal and communal voting is a civic duty.

³ Every active citizen shall be required to assume, for the duration of a term of office, the official burden under the Constitution, to the extent that such charge is exercised as an accessory; the law defines the exceptions.

¹ Accepted in popular vote of 1 ^Er Dec. 1996, effective from 1 ^Er Dec. 1996. Ass Warranty. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 2, 1997 III 1033).

II. Public Tasks

A. School

Art. 14 Education

Education

¹ Education is compulsory within the age limits set by law.

² In public schools, education is free, unless the legislation provides otherwise, subject to federal law.

³ Public schools are run in a patriotic and Christian spirit. They must be able to be frequented by adherents of all faiths, without prejudice to their freedom of belief and conscience.

Art. 15 Primary education

Primary education

¹ Primary education is the responsibility of municipalities within the limits of the legislation.

² The canton monitors primary education and encourages it through grants.

Art. 16 Professional Schools

Professional Schools

The canton has an obligation to ensure and promote vocational education. This can be entrusted to economic associations.

Art. 17 Higher Education Institutions

Higher Education Institutions

¹ The canton can create higher education institutions or support them with subsidies.

² To this end, it may conclude concordats with other cantons.

Art. 18 Special schools

Special schools

¹ Children with disabilities must receive special education and training.

² The canton creates or supports special schools and educational institutions for this purpose.

Art. 19 Training Grants

Training Grants

The canton promotes the training and development of knowledge in the scientific and professional fields within the limits of legislation.

Art. Private schools

Private schools

¹ The right to create private schools is guaranteed within the limits of the law.

² Private schools are subject to the supervision of the canton.

³ They can be supported by public subsidies within the limits of the legislation.

B. National and Cultural Heritage

Art. Nature Protection

Nature Protection

¹ The canton protects the country's natural resources.

² In particular, it encourages measures concerning the protection of water and air against pollution, the conservation and exploitation of forests, the protection of the Alpine world, as well as the efforts undertaken in the field of development of the National and local territory.

Art. Landscape and Site Protection

Landscape and Site Protection

¹ The canton encourages efforts to protect the landscape and sites as well as the conservation of historic monuments.

² It must preserve the characteristic aspect of the landscape and the localities, the evocative sites of the past, natural curiosities and monuments and preserve them where there is a major general interest.

Art. Encouragement of culture

Encouragement of culture

¹ The canton encourages scientific and artistic activity as well as efforts to develop popular culture.

² It can maintain or support institutions that carry out important cultural tasks in the canton.

Art. 24 Popular Instruction

Popular Instruction

The canton strives to bring to the reach of each conquests and the fruits of science and the arts.

C. Assistance and social insurance

Art. 25 Assistance of the poor

Assistance of the poor

The assistance of the poor is regulated by law.

Art. 26 Special insurance and provident institutions

Special insurance and provident institutions

The canton and the communes can, in order to supplement the social insurance of the Confederation, create special insurance and welfare institutions in areas which are not governed by federal law.

Art. 27 Measures to ensure housing

Measures to ensure housing

¹ Measures in the area of housing are the responsibility of the municipalities.

² The canton can lay down uniform legal provisions to encourage the construction of housing and encourage this construction through subsidies.

Art. 28 Public hygiene

Public hygiene

¹ The canton is working to improve public health.

² He rules the practice of medicine.

³ It can regulate aid to the sick and support it through subsidies. It can create or support hospitals and asyla.

Protection of the family

Art. Family

Family

In carrying out their duties, the canton and the communes shall endeavour to support the family, as the basis of society.

E. Economic regime

Art. Industry, Arts and Trades, Trade

Industry, Arts and Trades, Trade

¹ The canton shall lay down within the limits of federal law and this Constitution the provisions necessary to encourage industry, the arts and crafts and trade.

² It can maintain or support institutions and works for the economic development of the canton.

Art. Agriculture

Agriculture

¹ The canton takes measures of its competence to maintain a skilled peasantry.

² In particular, it can encourage the maintenance of rural land ownership, patchwork and land improvements, agricultural credit, improved product quality, vocational training and Farm Business Boards.

F. Financial regime

Art. 32 Fiscal Sovereignty

Fiscal Sovereignty

¹ The canton and the municipalities impose in accordance with the law the income and capital of natural persons as well as the return and capital of legal persons.

² Cantonal legislation determines the other taxes that may be collected by the canton or the municipalities.

Art. 33 ¹Fiscal Equalization

Fiscal Equalization

The legislation regulates fiscal equalization between municipalities.

¹ Accepted by the Landsgemeinde April 30, 1972, effective April 30, 1972. Ass Warranty. Fed. Of Dec 11. 1972 (FF 1972 II 1567 art. 1 ch. 3 1397).

III. State and Church

Art. 34 Roman Catholic Church

Roman Catholic Church

¹ The Roman Catholic Church is the national church.

² The Grand Council has the power to represent the canton, within the limits of federal law, in the conclusion of conventions which must be concluded with the curia to settle relations with the bishopric.

Art. 35 Reformed Evangelical Church

Reformed Evangelical Church

The Reformed Evangelical Church is recognized as an institution of public law.

Art. 36 Other churches

Other churches

All other religious communities are subject to private law as they are not recognized by law as institutions of public law.

Art. Autonomy

Autonomy

¹ Churches recognized as institutions of public law govern their affairs independently, within the limits of the law.

² If an ecclesiastical constitution is adopted by the members of a church having the right to vote, it must be submitted to the Grand Council for approval.

Art. 38 Membership of the Church

Membership of the Church

The inhabitants of the canton are members of a Church recognized as an institution of public law if they belong to the denomination in question. Conversion and exit require a written declaration given to the president of the parish (ecclesiastical or parish commune).

Art. 39 Religious education

Religious education

¹ Religious education is a school discipline at all levels.

² It is given by the churches recognized as institutions of public law; with their consent, schools can entrust the teaching of biblical teaching to the teaching profession.

Art. 40 Couvents and religious foundations

Couvents and religious foundations

The canton guarantees the maintenance of convents and religious foundations.

IV. Cantonal and communal powers and their functions

A. General provisions

Art. Separation of powers

Separation of powers

¹ The legislative, executive and judicial powers are separated. No one can intervene in the field of another.

² The members of the Grand Council shall not be part of any court in the canton. ¹

³ The members of the Council of State may not belong to the Grand Council, a court, a municipal authority or a board of directors.

⁴ The members of a higher court may not be part of a court which is subordinate to it.

⁵ The law may define other incompatibilities for members of the cantonal or communal authorities. ²

Art. Elections

Elections

Elections are held on a majority basis unless the law prescribes proportional representation.

Art. 43 Convocation of the authorities

Convocation of the authorities

The cantonal and municipal authorities must be convened:

1.: Where the regulation so provides;
2.: When the authority or the president so decides;
3.: When at least one quarter of the board members request it in writing indicating the objects to be treated.

Art. 44 Quorum

Quorum

¹ The cantonal and municipal authorities may validly deliberate when at least half of their members are present.

² The law regulates the quorum for the courts.

Art. 45 ¹Term of office

Term of office

The term of office of the authorities is four years.

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

Art. Suspension of duties

Suspension of duties

The suspension of the functions and the dismissal of the authorities and officials are regulated by law.

Art. Advertising

Advertising

¹ The documents in a case may be consulted by the active citizens who have the right to vote in this case.

² The deliberations of the Grand Council and the popular representation in the communes are public within the limits of the law.

³ The publicity of the proceedings of the courts and of the assemblies of the commune is governed by the law.

Art. 48 ¹Incompatibility due to person

Incompatibility due to person

¹ Cannot belong simultaneously to the Council of State or to a court:

1.: Spouses and registered partners;
2.: Relatives and allies online and, up to the third degree included, on a collateral line;
3.: Spouses and registered partners of brothers and sisters.

² Cannot belong simultaneously to another cantonal or communal authority:

1.: Spouses and registered partners;
2.: Direct online parents and allies;
3.: Brothers and sisters.

³ The sustainable living community is considered equal to the marriage and the registered partnership.

⁴ The fate decides which person should withdraw because of the incompatibility.

⁵ These provisions do not apply to the Grand Council or the municipal parliaments.

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

Art. Headquarters of the authorities

Headquarters of the authorities

Stans is the capital of the canton and the seat of the cantonal authorities.

Art. A ¹Necesswork regime

Necesswork regime

The law may, in the event of a disaster or war, grant the Grand Council, the Council of State and the administrative councils the power to order, for a limited period of time, in derogation from the rules of jurisdiction of this Constitution, Measures to protect the population.

¹ Accepted by the Landsgemeinde April 28, 1974, in force since April 28, 1974. Ass Warranty. Fed. 12 Dec. 1974 (FF 1974 II 1508 art. 1 ch. 1, 973).

B. Cantonal powers

1. ⁵Electoral Corps

Art. 50 Exercise of voting rights

Exercise of voting rights

¹ Active citizens exercise their right to vote in the political commune.

² They may exercise it personally through the deposit of the ballot in the ballot box or by correspondence.

Art. Elections

Elections

¹ The electoral body elects:

1.: The Grand Council;
2.: The Council of Etat;
3.: Members of the Council of States;
4. ¹: .... ²

² ... ³

¹ Repealed popular vote of 28 Nov 1999, with effect from 28 Nov 1999. Ass guarantee. Fed. Of 27. 2000 ( FF 2000 4772 Art. 1 ch. 1 3310).
² Accepted in popular vote of 8 June 1997, in force since 8 June 1997. Ass Warranty. Fed. 10 June 1999 ( FF 1999 4784 Art. 1 ch. 2299).
³ Repealed popular vote of 28 Nov 1999, with effect from 28 Nov 1999. Ass guarantee. Fed. Of 27. 2000 ( FF 2000 4772 Art. 1 ch. 1 3310).

Art. Referendum required

Referendum required

Are subject to compulsory referendum:

1.: The adoption and amendment of the cantonal constitution and the decision on the principle of its total revision;
2.: Initiatives within the meaning of s. 54 to which the Grand Council does not act;
3. ¹: The laws that the Grand Council has enacted or amended and to which active citizens oppose a counterproject within the meaning of s. 54 A , para. 3;
4.: Subject to s. 61, c. 4, the orders for single expenditure of more than 5 000 000 francs and annual renewable expenditure of more than 500 000 francs;
5.: The adoption of the opinions formulated by the Council of State for the Confederation, to the extent that they relate to nuclear installations, in particular radioactive waste deposits, which must be built on the territory of the canton Unterwald-le-Bas, as well as preparatory measures;
6.: The granting of concessions for the use of the subsoil for the purposes of exploitation, production or storage, including preparatory measures, excluding the exploitation of groundwater and geothermal energy.

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

Art. A Optional Referendum

Optional Referendum

¹ Are subject to the referendum, when 250 active citizens request it within two months of the publication of the legislative act or decision or when the Grand Council so decides:

1. ¹: The laws enacted by the Grand Council and the inter-cantonal treaties that it has approved;
2.: The orders of the Grand Council, which entail unique and freely determinable expenditure of more than 250 000 francs or annual renewable expenditure of more than 50 000 francs;
3. ²: The Grand Council's orders setting out the quotiy of the cantonal tax and the amount of the ecclesiastical tax for legal persons.

² Votation shall take place within one year of the publication of the legislative act or decision.

¹ Accepted in popular vote of 7 June 1998, in force since 7 June 1998. Ass Warranty. Fed. 10 June 1999 ( FF 1999 4784 Art. 1 ch. 2299).
² Accepted in popular vote of 24 seven. 2000, effective since September 24, 2004. 2000. Ass Warranty. Fed. Of Dec 11. 2001 ( FF 2001 6190 Art. 1 ch. 2 4659).

Art. Advisory Referendum

Advisory Referendum

¹ The Grand Council has the power to consult the electorate on the introduction of certain principles into the legislation.

² In drawing up this legislation, the Grand Council is bound by the outcome of the consultation.

³ This result is no longer linked to the preparation of subsequent legislative acts relating to the same issue.

Art. Right of initiative

Right of initiative

¹ The initiatives may be filed in the form of a request in general terms or, where they do not require the complete revision of the constitution, in the form of a draft of all documents.

² They must relate only to one object and must be motivated.

³ They must not contain any provisions that are contrary to federal law or contrary, unless they require a constitutional revision, to the cantonal constitution.

⁴ Can file an initiative:

1.: 1000 active citizens and the Grand Council, when a complete revision of the Constitution is requested;
2.: 500 active citizens, as well as the Grand Council, when a partial revision of the Constitution is requested;
3.: 250 active citizens, as well as the cantonal and municipal authorities mentioned in this Constitution, when the request concerns the adoption, repeal or amendment of a law or financial order; when it is a financial order In favour of a purpose of public or cooperative interest, legal persons under private or public law who have their registered office in the canton also have the right of initiative.

⁵ When the initiative is filed by active citizens, the signatures must be collected within two months of filing with the State Chancellery.

Art. A Counter-Project

Counter-Project

¹ The Grand Council may oppose the initiative.

² 500 active citizens can oppose a counter-project to the initiative which is tabled by the Grand Council and which tends towards the partial revision of the constitution.

³ 250 active citizens may oppose a counterdraft to a law that has been adopted or amended by the Great Council. ¹

⁴ When the counterproject is filed by the active citizens, the signatures must be collected within two months of its filing with the Chancery of Etat; such a deposit must be made within two months of the publication of the project The Grand Council.

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

Art. Procedure

Procedure

¹ Initiatives that are to be voted on, as well as counter-projects submitted by active citizens, must be put to the popular vote in the year following their tabling.

² When a request in general terms has been accepted, the project which implements it must be adopted within two years.

³ The authors of an initiative or counterproject may, if they have a power of attorney to that effect, withdraw them until the day on which the date of the popular vote is published.

⁴ The counterproject must be put to the vote at the same time as the initiative or project of the Grand Council; if the initiative is withdrawn, only the counterproject is put to the vote.

⁵ In the presence of a counterproject, active citizens may simultaneously accept or reject the Grand Council initiative or project as well as the counterproject; if both texts are approved, is deemed to have been accepted by the two Greater number of votes in the alternative vote, held simultaneously.

⁶ The law regulates the procedure applicable in the case of multiple counterprojects.

Art. 56 Corporate Affairs

Corporate Affairs

¹ Only persons who are active citizens and who have, in the canton, a right to vote in matters relating to corporations may rule on the legal provisions governing the participation in the property of the corporation and the Enjoyment of these.

² In addition to the persons referred to in para. 1, the Grand Council and the Council of the Corporation have the right of initiative.

2. Grand Council

Art. 57 Composition

Composition

The Grand Council consists of sixty members.

Art. Electoral districts

Electoral districts

¹ Each political commune is a district for the election of the Grand Council.

² Each electoral district shall elect, in accordance with the requirements of the law, the members assigned to it on the basis of the number of its inhabitants; shall determine the cantonal population statistics of 31 December of the penultimate year Prior to the election. ¹

³ Each electoral district is entitled to at least two seats. ²

¹ Accepted by the Landsgemeinde April 24, 1988, effective April 24, 1988. Ass Warranty. Fed. June 21, 1989 (FF 1989 II 882 art. 1 ch. 3 I 545).
² Accepted by the Landsgemeinde April 24, 1988, effective April 24, 1988. Ass Warranty. Fed. June 21, 1989 (FF 1989 II 882 art. 1 ch. 3 I 545).

Art. ¹Constitution

Constitution

¹ The Grand Council shall elect the President, the Vice-President and the other members of the Grand Council for one year.

² The President is not immediately eligible for reelection.

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

Art. A ¹Elections

Elections

¹ The Grand Council elects:

1.: The Landammann And his deputy, for a period of one year, among the members of the Council of Etat; le Landammann Is not eligible for this charge for the following period;
2. ²: The President and other members of the Supreme Court;
3. ³: Chairpersons and other members of the cantonal court;
4. ⁴: The Chairperson and other members of the Administrative Tribunal;
5.: The other authorities, as well as officials, when the legislation so provides.

² The election of the chairmen and other members of the courts takes place two years after the elections to the Grand Council and the Council of State. ⁵

¹ Accepted in popular vote of 1 ^Er Dec. 1996, effective from 1 ^Er Dec. 1996. Ass Warranty. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 2, 1997 III 1033).
² Accepted in popular vote of 28 Nov 1999, in force since 28 Nov 1999. Ass guarantee. Fed. Of 27. 2000 ( FF 2000 4772 Art. 1 ch. 1 3310).
³ Accepted in popular vote of 28 Nov 1999, in force since 28 Nov 1999. Ass guarantee. Fed. Of 27. 2000 ( FF 2000 4772 Art. 1 ch. 1 3310).
⁴ Accepted in popular vote of 28 Nov 1999, in force since 28 Nov 1999. Ass guarantee. Fed. Of 27. 2000 ( FF 2000 4772 Art. 1 ch. 1 3310).
⁵ Accepted in popular vote of 2 May 2010, in force since 2 May 2010. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 1, 2010 7239).

Art. 60 ¹Legislation

Legislation

¹ The Grand Council enacts in the form of the law:

1.: All general provisions that grant rights or impose obligations on natural and legal persons;
2.: All the fundamental provisions relating to the competence, organisation and procedure of public authorities;
3.: Provisions implementing provisions of federal law subject to s. 64, para. 1, c. 2.

² I1 approves inter-cantonal treaties whose content is of legislative scope within the meaning of c. 1 and 2 of para. 1.

³ It lays down the rules governing its activity.

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

Art. 61 ¹Other Tasks

Other Tasks

In addition, the Grand Council is responsible for:

1.: Exercise of initiative and referendum rights, which, under federal law, belong to the cantons;
2.: The decision on the constitutionality of the initiatives and counterprojects filed pursuant to s. 54 and 54 A ;
3. ²: The interpretation of the cantonal constitution and the laws, but excluding, however, cases pending before the court;
4.: Decisions concerning all compulsory expenditure in the canton under federal law, all expenditure which the Grand Council has the power to arrest under the law, as well as the unique and freely determinable expenditure Up to an amount of 5 000 000 francs and annual renewable expenditure up to a sum of 500 000 francs;
5.: The right to dispose of the financial assets and, within the limits of the c. 4, of the administrative heritage, subject to Art. 65, para. 2, c. 10;
6.: Decisions relating to the maintenance of the buildings and facilities owned by the canton; in this context, the Grand Council is not limited by c. 4, but art. 65, para. 2, c. 9, is reserved;
7. ³: The determination of the quotiy of the cantonal tax and the rate of ecclesiastical taxation for legal persons;
8.: The preparation of the annual budget and the approval of the Etat;
9. ⁴: Approval of inter-cantonal treaties within the limits of the c. 4 and subject to s. 65, para. 2, c. 9;
10.: Decisions on conflicts of jurisdiction to which the Constitutional Court is a party;
11.: The right of pardon in case of a sentence of deprivation of liberty;
12.: Oversight of the cantonal administration and the autonomous institutions, in particular the approval of annual management reports;
13.: High oversight on the management of the courts, particularly the approval of annual management reports;
14.: All other tasks which, under the legislation, are the responsibility of the Grand Council.

¹ Accepted in popular vote of 1 ^Er Dec. 1996, effective from 1 ^Er Dec. 1996. Ass Warranty. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 2, 1997 III 1033).
² Accepted in popular vote of 7 June 1998, in force since 7 June 1998. Ass Warranty. Fed. 10 June 1999 ( FF 1999 4784 Art. 1 ch. 2299).
³ Accepted in popular vote of 24 seven. 2000, in force since September 24, 2000. Ass Warranty. Fed. Of Dec 11. 2001 ( FF 2001 6190 Art. 1 ch. 2 4659).
⁴ Accepted in popular vote of 7 June 1998, in force since 7 June 1998. Ass Warranty. Fed. 10 June 1999 ( FF 1999 4784 Art. 1 ch. 2299).

S. 62 Right to present initiatives

Right to present initiatives

¹ The right to present initiatives to the Grand Council belongs to each of its members, to each of its committees, as well as to the Council of State and its members.

² The commissions of the Grand Council shall have the right to summon members of the administrative authorities, officials and employees to be given information and to appeal to persons not belonging to the administration.

3. Council of State

S. 62 A ¹Composition

Composition

The Council of State consists of seven members.

¹ Accepted in popular vote of 8 June 1997, in force since 8 June 1997. Ass Warranty. Fed. 10 June 1999 ( FF 1999 4784 Art. 1 ch. 2299).

S. 63 Departments

Departments

¹ Each member of the Council of State heads a department.

² Each department has one or more directorates whose scope is determined by the legislation.

³ The Council of State shall allocate the Directorates.

Art. 64 ¹Legislation

Legislation

¹ The Council of State shall issue:

1.: Enforcement orders to the extent that the law provides for it;
2.: Orders for the enforcement of federal law, provided that they relate only to the procedure or jurisdiction.

² It shall issue orders of necessity for a limited period of time; these shall be submitted as soon as possible to the Grand Council, which decides whether to remain in force and for what duration.

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

Art. Administrative powers

Administrative powers

¹ The Council of State shall, subject to the powers of the Grand Council, be the administrative authority of the canton. He represents the canton outside.

² In particular, it has the power and mandate to:

1. ¹: To carry out the normative acts by rendering decisions and instructing the administration that is subordinate to it;
2.: To execute the decisions and orders of other cantonal authorities, as this is not reserved for special bodies;
3. ²: Appoint civil servants and employees of the cantonal administration, to the extent that this task is not the responsibility of another authority under the legislation;
4. ³: To give, subject to s. 52, c. 5, the notices that the Confederation is requesting of the canton;
5.: Monitor the whole state administration and monitor independent institutions within the limits of the law;
6. ⁴: To monitor, to the extent that the legislation so provides, municipalities and corporations and, in the event of serious violations, to take the necessary measures, subject to recourse to the Grand Council;
7.: Decide on appeals against municipalities and corporations, as well as against departments, as the courts are not competent;
8. ⁵: Grant, subject to s. 52, c. 6, Cantonal authorisations and concessions, to the extent that this task does not fall under the law to another authority;
9. ⁶: To adopt, subject to broader powers arising from the legislation or an order of the Grand Council, the single and freely determinable expenditure up to an amount of 200 000 francs and the expenditure annually renewable up to one An amount of 40 000 francs;
10.: Administer the Cantonal Capital and dispose of it within the limits of the c. 9;
11.: Perform all other tasks assigned to it by law.

¹ Accepted in popular vote of 7 June 1998, in force since 7 June 1998. Ass Warranty. Fed. 10 June 1999 ( FF 1999 4784 Art. 1 ch. 2299).
² Accepted in popular vote of 1 ^Er Dec. 1996, effective from 1 ^Er Dec. 1996. Ass Warranty. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 2, 1997 III 1033).
³ Accepted in popular vote of 1 ^Er Dec. 1996, effective from 1 ^Er Dec. 1996. Ass Warranty. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 2, 1997 III 1033).
⁴ Accepted in popular vote of 1 ^Er Dec. 1996, effective from 1 ^Er Dec. 1996. Ass Warranty. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 2, 1997 III 1033).
⁵ Accepted in popular vote of 1 ^Er Dec. 1996, effective from 1 ^Er Dec. 1996. Ass Warranty. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 2, 1997 III 1033).
⁶ Accepted in popular vote of 1 ^Er Dec. 1996, effective from 1 ^Er Dec. 1996. Ass Warranty. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 2, 1997 III 1033).

4. Courts

Art. 66 Independence of the courts

Independence of the courts

¹ The courts are independent and are subject only to the law.

² Laws that violate this Constitution or which are contrary to federal law, as well as normative acts that are unconstitutional or illegal, do not bind the courts. ¹

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

Art. 67 ¹Civil Jurisdiction

Civil Jurisdiction

¹ Civil justice is rendered by:

1.: The cantonal court;
2.: The Supreme Court.

² The law regulates the organisation of the conciliation authorities.

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

Art. 67 A ¹Criminal jurisdiction

Criminal jurisdiction

¹ Criminal justice is provided by:

1.: The cantonal court;
2.: The Supreme Court.

² The law:

1.: Rules the organisation of criminal prosecution authorities;
2.: May assign administrative criminal law powers to cantonal or communal administrative authorities subject to judicial review.

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

Art. 68 ¹Administrative Jurisdiction

Administrative Jurisdiction

Justice in administrative law and social insurance law is delivered by the Administrative Tribunal.

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

Art. 69 Constitutional Jurisdiction

Constitutional Jurisdiction

¹ Constitutional jurisdiction is exercised by the Supreme Court.

² The Constitutional Court knows:

1.: Disputes concerning the exercise of political rights and the validity of elections and votes in the canton, as well as, after the decision of the Council of State in accordance with Art. 65, c. 7, in municipalities and corporations;
2.: Disputes concerning the legality of statutes and ordinances of the township, municipalities and corporations;
3.: Conflicts of jurisdiction between cantonal authorities, as the Constitutional Court is not a party;
4.: Disputes concerning the autonomy of municipalities, corporations and churches recognized as institutions of public law;
5. ¹: Appeals against decisions of the Grand Council or the Administrative Council relating to the constitutionality of initiatives and counterprojects filed pursuant to s. 61, c. 2, or s. 83, para. 2, c. 5;
6.: The other cases assigned to the Constitutional Court by law.

¹ Accepted in popular vote of 1 ^Er Dec. 1996, effective from 1 ^Er Dec. 1996. Ass Warranty. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 2, 1997 III 1033).

Art. 69 A ¹Organization

Organization

¹ The law regulates the organization and jurisdiction of the courts.

² The courts may act as a single judge or as a college.

³ The law may establish:

1.: Specialized courts for certain types of disputes;
2.: Inter-cantonal courts.

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

C. The communal powers

General requirements

A. Foundations

Art. Commons

Commons

The existence and autonomy of municipalities are guaranteed.

Art. Attributions

Attributions

¹ The communes regulate all the local affairs which do not fall within the Confederation or the canton.

² They may within the limits of the law:

1.: Freely settle their organizations and elect their own authorities, officials and employees;
2.: To perform according to their discretion the tasks falling within their scope of activity.

Art. 72 ¹Collaboration with other municipalities

Collaboration with other municipalities

In order to carry out their tasks together, the communes may, within the limits of the legislation, conclude contracts, form associations or establish establishments with municipalities in the canton or in other cantons.

¹ Accepted by the Landsgemeinde April 26, 1992, effective April 26, 1992. Ass Warranty. Fed. Of Dec 14. 1993 (FF 1993 IV 612 art. 1 ch. 4 (II).

Art. Organization

Organization

The communal assembly, the administrative council and its president are the necessary organs of each municipality.

S. 74 Monitoring

Monitoring

¹ The communes are subject to the supervision of the Council of State.

² In the event of a serious breach of duties, the Council of State may, subject to recourse to the Grand Council, withdraw in whole or in part to a municipality the right to administer itself or order further measures.

B. The communal assembly

Art. 75 ¹Convocation

Convocation

¹ The communal assembly shall be convened twice a year at least.

² An extraordinary communal assembly shall be convened when the Administrative Council so decides, or one twentieth of the citizens serving the request, indicating the objects to be dealt with; in the latter case, the municipal assembly shall be convened in the three Months.

³ The Chairman, the Vice-Chair or the most elected of the other members of the Administrative Council shall conduct the proceedings.

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

Art. 76 Mandatory Decisions

Mandatory Decisions

The following shall enter into the competence of the Joint Assembly:

1.: The adoption of the orders and regulations, as the law or decision of the Joint Assembly has not given this task to the Administrative Council;
2.: The election of the authorities and the officials that the law places in the competence of the joint assembly. The communes may fix the election of the members of the administrative council and the revisers of accounts in such a way that half of the terms of office give rise to election every two years;
3.: The setting of the municipal tax rate;
4. ¹: Expenditure decisions and those which in financial matters exceed the competence of the administrative board;
5. ²: Setting the annual budget;
6.: Approval of communal accounts.

¹ Accepted by the Landsgemeinde April 28, 1974, in force since April 28, 1974. Ass Warranty. Fed. 12 Dec. 1974 (FF 1974 II 1508 art. 1 ch. 1, 973).
² Accepted by the Landsgemeinde April 28, 1974, in force since April 28, 1974. Ass Warranty. Fed. 12 Dec. 1974 (FF 1974 II 1508 art. 1 ch. 1, 973).

Art. 77 Optional Decisions

Optional Decisions

¹ Orders and regulations enacted or amended by the Administrative Council shall be submitted to the local assembly where, within two months of publication, one-twentieth of the active citizens request it in writing. ¹

² The vote must take place at the next communal assembly.

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

S. 78 Right of initiative

Right of initiative

¹ Initiatives may take the form of projects designed in general terms or projects written in all parts. If a draft written in general terms is adopted, the local assembly must be seized within one year of a project drawn up of all documents.

² Initiatives must relate to one object and be motivated.

³ Can present initiatives:

1. ¹: Any active citizen, each commission and the administrative board of the competent municipality;
2.: Legal persons under public or private law who have their registered office in the municipality, as a financial decision in favour of a purpose of public or cooperative utility.

⁴ Initiatives should not contain anything that is contrary to federal law or cantonal law.

¹ Accepted by the Landsgemeinde April 28, 1974, in force since April 28, 1974. Ass Warranty. Fed. 12 Dec. 1974 (FF 1974 II 1508 art. 1 ch. 1, 973).

Art. Voting by the ballot box

Voting by the ballot box

The law determines the conditions under which communal affairs must give rise to voting by the ballot box.

Art. 80 Popular Representation

Popular Representation

The law determines the conditions under which municipalities can replace the communal assembly with a popular representation, as well as the organization and powers of that representation.

C. Administrative Council

Art. Composition

Composition

¹ The administrative council (municipal council, school board, council of the ecclesiastical commune or parish council) consists of three to eleven members.

² The municipal assembly appoints the chairman and the vice-president from among the members of the administrative council, for a term of two years.

³ The Administrative Council may lay down, within the limits of the law, the scope of its members and set up committees.

Art. Orders

Orders

The Administrative Council shall issue, subject to s. 77:

1.: The orders and regulations that the law or a decision of the communal assembly has placed in its jurisdiction;
2.: Regulations concerning matters of secondary importance, within the limits of s. 83, c. 7.

Art. 83 Administrative powers

Administrative powers

¹ The Administrative Council is the administrative authority of the municipality and represents the municipality outside.

² Subject to Art. 80, it has the power and mandate to:

1.: Approve the minutes of the communal assembly;
2.: Enforce laws, orders and regulations;
3.: To execute the decisions and orders of the cantonal authorities and the local assembly, as this is not reserved for special bodies;
4.: Appointing officials and employees as their appointment is not entrusted to any other authority by the legislation;
5.: Appreciate the constitutionality of the initiatives presented to the communal assembly under s. 78, para. 4;
6.: To give the opinions that the canton seeks from the municipality;
7. ¹: To decide, within the limits of the financial competence regulated by the common law, the commitment of freely determinable and single expenditure and renewable expenditure each army, as well as expenditure to which the municipality is legally Held or for which the Act or a decision of the municipality has delegated full powers to the Administrative Council;
8.: To administer and dispose of communal property within the limits of the c. 7;
9.: To decide the expenses for the maintenance of the buildings and facilities owned by the municipality, regardless of the c. 7;
10.: To perform all the other tasks assigned to it by the legislation.

¹ Accepted by the Landsgemeinde April 28, 1974, in force since April 28, 1974. Ass Warranty. Fed. 12 Dec. 1974 (FF 1974 II 1508 art. 1 ch. 1, 973).

2. Type of communes

A. Political Commune

Art. 84 ¹Number and territory of municipalities

Number and territory of municipalities

A political commune cannot be divided or reunited with another municipality without the agreement of the electoral body of the municipality and the canton.

¹ Accepted in popular vote of 1 ^Er Dec. 1996, effective from 1 ^Er Dec. 1996. Ass Warranty. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 2, 1997 III 1033).

Art. 85 Task

Task

The political municipality rules, within the limits of the law, all local affairs which are not entrusted to another municipality.

B. School Commune

Art. 86 Existence

Existence

¹ The territory of the school commune corresponds to that of the political commune.

² The school commune may be abolished and its tasks and powers may be taken up by the political commune, provided that the voters consent to this grouping; the grouping may be annulled by a decision of the voters. ¹

¹ Accepted by the Landsgemeinde April 28, 1974, in force since April 28, 1974. Ass Warranty. Fed. 12 Dec. 1974 (FF 1974 II 1508 art. 1 ch. 1, 973).

Art. ¹

¹ Repealed by Landsgemeinde April 26, 1992, effective April 26, 1992. Ass Warranty. Fed. Of Dec 14. 1993 (FF 1993 IV 612 art. 1 ch. 4 (II).

C. Ecclesiastical or parish Commune

Art. Existence

Existence

¹ The members of the officially recognised churches are ecclesiastical or parish communes.

² The creation, grouping or division of ecclesiastical or parish communes requires the approval of the electors of the commune and the Grand Council. ¹

¹ Accepted by the Landsgemeinde April 28, 1974, in force since April 28, 1974. Ass Warranty. Fed. 12 Dec. 1974 (FF 1974 II 1508 art. 1 ch. 1, 973).

Art. 89 Right to vote and electorate

Right to vote and electorate

¹ The right to vote shall be settled in accordance with the provisions of this Constitution; the ecclesiastical constitution may, in addition, grant this right to other members of the Church. ¹

² The priest or chaplain is an ex officio member of the council of the ecclesiastical commune or parish council.

³ The communal assembly of the Roman Catholic parishes has the right to appoint (present) the ecclesiastics as their use recognizes them.

¹ Accepted in popular vote of 1 ^Er Dec. 1996, effective from 1 ^Er Dec. 1996. Ass Warranty. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 2, 1997 III 1033).

Art. Church Taxes

Church Taxes

¹ Ecclesiastical or ecclesiastical communes may receive ecclesiastical taxes only from their members.

² The canton raises within the limits set by the law an additional supplement to the taxes on the profits and capital of legal persons; the law regulates the distribution of the proceeds of tax between churches recognised by public law. ¹

¹ Accepted by the Landsgemeinde April 28, 1974, in force since April 28, 1974. Ass Warranty. Fed. 12 Dec. 1974 (FF 1974 II 1508 art. 1 ch. 1, 973).

V. Corporations

Art. 91 Existence

Existence

¹ The creation of corporations is subject to the approval of the Grand Council.

² The right to self-administer and to use their wealth is guaranteed to corporations within the limits of the law.

VI. Revision of the Constitution

Art. 92 Partial Review

Partial Review

¹ If an initiative in the form of a draft of all documents is presented, the partial revision of the Constitution shall take place, subject to Art. 54 and 94, in the forms of legislation.

² If an initiative is presented in general terms, the partial revision takes place in accordance with the procedure laid down in Art. 93.

Art. 93 Total Review

Total Review

¹ If a complete revision of the Constitution is requested in accordance with Art. 54, the motion is the subject of a secret ballot. ¹

² If the total revision is decided, the Grand Council is responsible for drafting the new constitution, unless the review decision has entrusted the task to a constitutional council.

³ The Constitutional Council has the same number of members as the Grand Council and must be elected within 90 days according to the same provisions. ²

⁴ The revised Constitution is the subject of a secret ballot. ³

¹ Accepted in popular vote of 1 ^Er Dec. 1996, effective from 1 ^Er Dec. 1996. Ass Warranty. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 2, 1997 III 1033).
² Accepted by the Landsgemeinde On 23 Oct. 1994, effective since 24 Oct. 1994. Ass Warranty. Fed. March 14, 1996 (FF 1996 I 1307 art. 1 ch. 3, 1995 III 1349).
³ Accepted by the Landsgemeinde On 23 Oct. 1994, effective since 24 Oct. 1994. Ass Warranty. Fed. March 14, 1996 (FF 1996 I 1307 art. 1 ch. 3, 1995 III 1349).

Art. 94 ¹Acceptance of Constitutional Provisions

Acceptance of Constitutional Provisions

¹ Active citizens accept or reject the new constitutional provisions or a new constitution by secret ballot. ²

² In the transitional provisions, the entry into force of all or some of the new constitutional provisions may be postponed:

1.: Until they have obtained the federal guarantee;
2.: Until such time as the laws mentioned have been amended accordingly.

¹ Accepted by the Landsgemeinde On 23 Oct. 1994, effective since 24 Oct. 1994. Ass Warranty. Fed. March 14, 1996 (FF 1996 I 1307 art. 1 ch. 3, 1995 III 1349).
² Accepted in popular vote of 1 ^Er Dec. 1996, effective from 1 ^Er Dec. 1996. Ass Warranty. Fed. Of Dec 4. 1997 (FF 1998 77 art. 1 ch. 2, 1997 III 1033).

VII. Transitional provisions

Art. 95 Entry into force

Entry into force

This Constitution shall enter into force upon acceptance by the Landsgemeinde .

Art. 96 Previous constitutional law

Previous constitutional law

¹ As the provisions of the former Constitution are necessary for the existence and activity of the cantonal and communal bodies, they remain in force until the adoption of the new legislation.

² This is particularly the case with the procedural provisions for the Landsgemeinde And the municipal assembly and provisions on the judicial organization.

Art. 97 Laws and Orders

Laws and Orders

¹ All existing laws and ordinances shall remain in force to the extent that they are not contrary to this Constitution.

² The Grand Council must accord with the present constitution the laws and ordinances which are in contradiction with it.

³ The new laws to be enacted under this Constitution shall be submitted to the Landsgemeinde At short notice.

Art. 98 Liability

Liability

Until the enactment of the new legislation on the liability of corporations and public institutions under Art. 6, the rules of the former Constitution remain in force (s. 22, para. 2).

Art. And 100 ¹

¹ Repealed in popular vote of 2 May 2010, with effect from May 2, 2010. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 1, 2010 7239).

Art. 101 Commons

Commons

¹ Until the new legislation came into force, the communal assembly elected officials and employees elected under the old constitution.

² The special taxes collected by municipalities under the current legislation remain in force until the adoption of the new legislation.

Art. 102 School communes

School communes

¹ For the existence of school communes according to art. 86, para. 1, can be assured, provisions will be adopted which will clearly indicate all that is necessary for the sharing or merger, in particular for the resolution of heritage issues and the transitional regime.

² In the case of a merger of several school municipalities, their local assemblies are competent to appoint their representatives when drafting the provisions and to approve them. In the event of the sharing of a school commune, the communal assemblies of the political communes concerned have the same powers.

³ At the request of a party, the Grand Council is required to establish a arbitral tribunal and, if it does not wish to leave it to the court, to fix the arbitration procedure. If no regulations are adopted by the parties until 1 ^Er January 1970, the Grand Council must automatically establish the arbitral tribunal.

⁴ The task of the arbitral tribunal is to bring the parties together or, if this is not possible, to fix in a binding and definitive manner everything that is to be settled.

⁵ The existence of school districts according to art. 86, para. 1, starts 1 ^Er January 1975 if no previous date has been agreed.

Art. 103 Paroisses

Paroisses

If the part of the municipality of Oberdorf that belongs to the Roman Catholic parish of Stans wants to separate from this parish, the decision according to art. 88, para. 2, must be taken by the communal assembly of the political commune of Oberdorf, in place of the parish of Stans. Have the right to participate in the vote only those active citizens who are members of the Roman Catholic Church.

Art. 104 ¹Quoted from cantonal tax and ecclesiastical taxation

Quoted from cantonal tax and ecclesiastical taxation

The current tax quotites remain in effect until the entry into force of the Order of the Grand Council laying down the quotiy of the cantonal tax and an order of the Grand Council fixing the amount of the ecclesiastical tax for legal persons.

¹ Accepted in popular vote of 24 seven. 2000, effective since September 24, 2004. 2000. Ass Warranty. Fed. Of Dec 11. 2001 ( FF 2001 6190 Art. 1 ch. 2 4659).

Art. 105 Municipalities of public assistance

Municipalities of public assistance

¹ The existing communes of public assistance subsist until the law has introduced a new regime.

² They shall carry out their duties in accordance with the provisions of this Constitution; Art. 94, para. 3, the former constitution remains applicable until the new legislation comes into force.

Art. 106 ¹Elections

Elections

¹ The term of office of the Justices of the Peace and of the Prosecution Judge is extended until the end of December 2010.

² With a view to the composition of the presidency of the courts and the renewal of judges whose term expires in 2010, an election will take place in 2010 for the remainder of the term of office to be carried out until 2012.

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

Art. 107 Warranty

Warranty

The Grand Council is authorized to harmonize with the federal constitution ¹ Those of the provisions of this Constitution that the Federal Assembly may declare to be contrary to the federal constitution.

¹ RS 101

Index of Contents

Numbers refer to articles and divisions of articles of the Constitution

Administration

-

State administration, monitoring 65 ^{2 /}^5.

-

Administrative authority

-: Of the municipality 83
-: Of Township 65

-

Officials, election 65 ^{2 /}^3.

-

Administrative Tribunal 68

Age

-: As a condition of political rights 8

Orders , decisions

-: General v. Laws
-: Quorum 44

Assistance of the poor 25

Insurance

-: Social insurance 26

Authorities

-

State authorities

-: Municipal authorities 70-90
-: Council of State 63-65
-: Grand Council 57-62
-: Members of the courts 66-69

-

Convening authorities 43

-

Term of office 45

-

Elections 51, 59 A , 65 ^{2 /}^3., 76 ²

-

Eligibility 10 ³

-

Incompatibilities 41

-

Initiative 52 ^{1 /}^2., 54

-

Parentage 48

-

Quorum 44

-

Liability 6

-

Seat of authorities 49

-

Suspension of duties 46

Budget

-: Cantonal annual budget and approval of the state account 61 ^8.
-: Annual budget of the municipality 76 ⁵

Canton

-: City right v. Citizen
-: Cantonal fortune, administration 65 ^{2 /}^10.
-: Seat of authorities 49
-: Cantonal court v. Tribunals

Public Load

-

Term of office

-: Overview 45
-: Judges 59 A ²
-: Landammann 59 A ¹/ ^1.
-: Presidents and other members of the courts 59 A ²

-

Eligibility 8, 10 ³

-

Incompatibilities 41

-

Duty to perform duties 13

-

Relationship between members of the same authority 48

-

Seat of authorities 49

-

Suspension of officials 46

Citizen

-

Active citizen

-: Conditions 8
-: Rights (right to vote, eligibility) 10, 50-56

-

Civic duties 13

-

Cantonal and communal municipal law 12

-

Right to vote 8

-

Freedom of establishment 1 ^2/4.

Commons

-

General 70-74

-

Communal authorities

-: Communal assembly 75-80
-: Administrative Council 81-83

-

Collaboration with other communes 72

-

Ecclesiastical or parochial commune 88-90

-

Common policy 84, 85

-

School commune 86

-

Monitoring by the Council of State 65 ^{2 /}^6., 74

State Account

-: Of the canton, approval 61 ^8.
-: Of the municipality, approval 76 ⁶

Concession Cantonal, grant 52 ^6., 65 ^{2 /}^8.

Confederation

-: Exercise of rights of initiative and referendum under federal law 61 ^1.

Council of States

-: Term of office 45
-: Election 51 ^{1 /}^3.

Council of State

-: General 63-65
-: Composing 62 A
-: Right to present initiatives to the Grand Council 62
-: Term of office 45
-: Election 51 ^1/2.
-: Incompatibilities 41
-: Legislation 64
-: Parentage 48
-: Liability 6
-: Seat 49

Constitution

-: Constitutional advice 93
-: Constitutionality of initiatives 61 ^2.
-: Constitutionality of initiatives at the municipal assembly 83 ⁵
-: Interpreting 61 ^3.
-: Revision of the Constitution v. Revision
-: Constitutional Court 69
-: Popular vote 52 ^1., 94

Corporations

-: Overview 91
-: Right of initiative 53 ²

Supreme Court V. Tribunals

Culture

-: Encouragement 23
-: Protection 21, 22

Orders , decisions v. Orders

Department Council of State directorates 63

Expenditures

-: Competence of the municipal assembly 76 ⁴
-: Jurisdiction of the administrative board (communal council) 83 ⁷
-: Competence of the Council of State 65 ^{2 /}^9.
-: Jurisdiction of the Grand Council 61 ^4.
-: Financial referendum against decisions of the Grand Council 52 A ^{1 /}^2.

Home

-: Guarantee of inviolability 1 ^2/6.

Right of petition 11

Right to vote

-

Ecclesiastical or parish communes 89

-

In matters relating to corporations 56 ¹

-

Right of active citizens

-: Conditions 8
-: Exercise 10

-

Exercise of voting rights 50

Permissions

-

City right v. Citizen

-

Fundamentals

-: Right to natural justice and the right to be heard 3
-: Right of petition 11
-: Warranty for property 1 ^2/7.
-: Bodily integrity 1 ^2/5.
-: Freedom of association and freedom of assembly 1 ^2/3.
-: Freedom of belief and conscience and freedom of worship 1 ^2/1.
-: Freedom of movement of man and inviolability of domicile 1 ^2/6.
-: Freedom of establishment 1 ^2/4.
-: Freedom of opinion 1 ^2/2.
-: Freedom of trade and industry 1 ^2/8.
-: Equality principle 2
-: Separation of powers 41

-

Policies

-: Right to vote 8, 10 ¹
-: Eligibility 10 ³
-: Initiative v. Initiative
-: Elections

-General 51

-to the municipal assembly 76 ²

-the Grand Council 58

-by the electorate 51

Political rights S. Rights

Term of office 45

Ecoles

-: Overview 14-20
-: School commune 86
-: Religious education 39

Economy

-: Agriculture 31
-: Industry, Arts and Trade and Commerce 30

Education V. Ecoles

Equality before the law 2

Churches

-: General, Churches and State 34-40
-: Ecclesiastical or parish communes 88-90
-: Ecclesiastical tax 90, 104

Elections

-

Electoral districts for election of the Grand Council 58

-

Transitional provisions 106

-

Popular elections

-: To the municipal assembly 76 ²
-: To the Administrative Council 93
-: To the Grand Council 58
-: Cantonals 51

-

Eligibility v. Eligibility

-

By the Grand Council

-: Authorities and officials 6
-: President, Vice-President and other members of the Grand Council Office 59

-

By the Administrative Council 83 ⁴

-

By the Council of State 65 ^{2 /}^3.

Eligibility

-: Overview 10 ³
-: Incompatibility with reason of person 48

Education V. Ecoles

Establishment , freedom 1 ^2/4.

State

-: State administration, monitoring 65 ^{2 /}^5.
-: State authorities v. Authorities
-: State Account v. State Account
-: Churches and State 34-40

Executing

-: Decisions of the municipal assembly 83 ³
-: Decisions of the cantonal authorities 65 ^{2 /}^2., 83 ³
-: Of laws and orders 65 ^{2 /}^1., 83 ²

Expropriation 1 ^2/7., 7

Family , protection 29

Finance

-: Fiscal equalization 33
-: Financial Referendum 52 A ^{1 /}^2.

Officials

-

Election

-: By the Grand Council 59 A ¹/ ⁵^.
-: By the Council of State 65 ^{2 /}^3.
-: By the municipal assembly 76 ²

-

Eligibility 10 ³

-

Incompatibilities 41

-

Liability 6

-

Suspension of duties 46

Training V. Ecoles

-: Popular education 24

Thanks

-: Jurisdiction of the Grand Council 61 ^11.

Grand Council

-: Generalities 57-62
-: Competence in a revision of the Constitution 92, 93
-: Term of office 45
-: Eligibility 10 ³
-: Incompatibilities 41
-: Legislative initiative 52 ^{3 /}^1.
-: Legislation 60
-: Publicity of proceedings 47
-: Quorum 44
-: Consultative referendum 53
-: Seat 49

Hospitals 28

Taxes

-: Determination of the rate of cantonal tax 52a ^{1 /}^3., 61 ^7., 104
-: Fixing the rate of municipal tax 76 ³
-: Church tax 90
-: Fiscal equalization 33
-: Fiscal sovereignty 32

Incompatibilities 41

-: On account of the person 48

Initiative

-

Overview 10 ²

-

Counterprojects 54 A , 55

-

Constitutionality of initiatives 61 ^2.

-

Of the Council of State

-: Initiatives in the Grand Council 62

-

The Grand Council

-: Townships initiative 61 ^1.
-: Legislative initiative 52 ^{3 /}^2.
-: Revision of the constitution

-partial 52 ^{3 /}^1., 92

-total 52 ^{3 /}^1.

-

Popular initiative

-: Legislative initiative 54 ^{4 /}^3.
-: Revision of the constitution

-partial 54 ^{4 /}^2., 92

-total 54 ^{4 /}^1., 93

-: Initiative at the municipal assembly 78

Judges

-: General v. Tribunals
-: Right to natural justice 3

Civil Jurisdiction 67

Criminal jurisdiction 67 A

Justice

-: General v. Tribunals
-: Civil jurisdiction 67 ¹
-: Criminal jurisdiction 67 A ¹
-: Legal protection (natural judge, right to be heard, right to legal assistance) 3
-: Full compensation in an expropriation 7
-: Retroactivity 5

Landammann

-: Election 59 A ¹/ ^1.

Freedoms V. Permissions

Laws

-: Grand Council orders 60
-: Constitutionality 61 ^2.
-: (People's Initiative) 52 ^3., 54
-: Running 65 ^{2 /}^1.
-: Legislative initiative 52 ²^., 54, 55
-: Interpreting 61 ^3.
-: Retroactivity 5
-: Popular vote 52 A ^{1 /}^1.
-: V. Also Orders, Orders

Medicine 28

Nature , protection 21, 22

Necessity , necessity regime 49 A

Orders

-: Board of Directors 82
-: Of the State Council 64

Parented Between members of the same authority 48

Heritage , protection 21, 22

Poor , protection 25, 26

Landscape , protection 21, 22

People

-

Popular education 24

-

Popular vote

-: Cantonal

-consultative referendum 53

-Optional referendum 52 A

-compulsory referendum 52

-: To the communal assembly

-mandatory 76

-optional 77

-

Revision of the Constitution 52 ^1., 93, 94

-: Ballot voting in ballot boxes 79

-

Initiative v. Initiative

-

Popular elections v. Elections

Powers , separation 41, 66

Project designed in general terms

-: On a municipal affairs initiative 78
-: In a legislative initiative 52 ^{3 /}^2.
-: In a partial revision of the Constitution 52 ^3/1., 92

Project written of all documents

-: On a municipal affairs initiative 78
-: In a legislative initiative 54
-: In a partial revision of the cantonal constitution 92

Proportional , mode of election of the Grand Council 58

Property (private)

-: Warranty 1 ^2/7.
-: Expropriation involves full reparation 7

Protection

-: Nature, landscape, heritage, culture 21, 22
-: Social security 25-29

Advertising

-: Parts of a case and proceedings of the Grand Council, as well as the deliberations of the courts 47

Report

-

Approval by the Grand Council

-: Cantonal Administration Annual Management Reports and Stand-alone Institutions 61 ^12.
-: Annual court management reports 61 ^13.

Referendum

-

Referendum = popular vote

-: Advisory 53 ¹
-: Optional 52 A
-: Mandatory 52

-

Request for a referendum

-: Against federal laws and orders 61 ^1.
-: Against inter-cantonal decisions, laws and treaties 52 A
-: Against orders of the Administrative Council 77
-: Financial Referendum 52 A ^{1 /}^2.

Religion

-: General v. Churches
-: Freedom of belief and conscience 1 ^2/1.

Liability Corporations and public law institutions 6

Revision

-

Of the cantonal constitution

-: Partial 92
-: Total 93
-: Popular vote 93, 94
-: V. Also: Initiative, Referendum

Health , hygiene, protection 28

Security 25-29

Monitoring (high monitoring)

-

Of the township

-: Primary education 15
-: Private schools 20

-

Of the Council of State

-: Administration of the State and autonomous institutions 65 ^{2 /}^5.
-: Common 74

-

The Grand Council

-: Cantonal administration and self-governing institutions 61 ^12.
-: Court management 61 ^13.

Treaties Intercantonal

-: Jurisdiction of the Grand Council 60, 61 ^9.

Tribunals

-

General 66-69 A

-

Supreme Court

-: Skills 67, 67 A , 69
-: Election 59 A ^{1 /}^2.

-

Organization 69 A

-

Administrative Tribunal

-: Competencies 68
-: Election 59 A ^{1 /}^4.

-

Cantonal court

-: Skills 67, 67 A ,
-: Election 59a ^{1 /}^3.

-

Constitutional Court 69

Vote/Votation V. People/People vote

Status March 2, 2011

RS 131.216.2 Constitution of the canton of Nidwalden, of 10 October 1965

Original Language Title: RS 131.216.2 Constitution du canton de Nidwald, du 10 octobre 1965

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131.216.2

Constitution of the canton of Nidwalden 2

Constitution of the canton of Nidwalden ²