Rs 131.216.1 Constitution Of The Canton Of Obwalden, 19 May 1968

Original Language Title: RS 131.216.1 Constitution du canton d’Obwald, du 19 mai 1968

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131.216.1 translation Constitution of the canton of Obwalden from May 19, 1968 (status September 29, 2011) in the name of Almighty God!

The people of Obwalden, eager to protect liberty and law, common prosperity and strengthen the position of Obwalden as canton of Confederation, adopted the following constitution: Chapter 1: sovereignty and division of art territory. 1 sovereignty sovereignty canton Obwalden is a free democratic State, within the limits of the federal constitution a sovereign State, Member of the Swiss Confederation.

RS 101 art. 2 division of territory Division of the territory the canton includes the seven municipalities of Sarnen, Kerns, Sachseln, Alpnach, Giswil, Lungern and Engelberg.
Sarnen is the capital of the canton and the seat of the cantonal authorities.

Chapter 2: Church and State art. 3 churches churches the Roman Catholic Church, which is the majority of the population, and the reformed evangelical church are recognized as institutions of public law, with legal personality and the protection of the State.
All other religious communities are subject to the private law if they are not recognized by law as public law institutions.

Art. 4 Organization of the Organization of the churches, religious communities churches are organized according to the principles of their church.
For the Catholic Church canon law determines the ecclesiastical organization. The parish is organized according to the cantonal constitution.
The Reformed Evangelical Church gives an organization that must be approved by the Grand Council; It will be if it contains nothing contrary to federal law or cantonal constitutional law.
The right of ecclesiastical bodies to run the Affairs of their community is recognized. The ecclesiastical functions are considered public office and the right to levy church tax is guaranteed to the parishes.

Art. 5 independence of the churches autonomy of churches the churches recognized as public institutions regulate their affairs in an independent way.
In cases of mixed nature which concern the whole of the canton, the Council of public instruction must discuss the case with a representative of the denomination in question and submit a proposal to the Council of State.

Art. 6 ecclesiastical corporations, foundations and institutions ecclesiastical Corporations, foundations and institutions ecclesiastical corporations, foundations and institutions not recognized as public institutions by the constitution or legislation receive a Swiss legal personality under the provisions of the civil code. The Grand Council can recognize the character of public institutions.
The canton guarantees ownership, the right of management and the disposal of their assets according to the statutes.
The maintenance of convents is guaranteed, as well as the right for the Church authorities to monitor the religious foundations.

SR 210 art. 7 relationship with the diocese reports with the bishopric all concordat on belonging to a bishopric must be ratified by the Grand Council.
The State Council is competent to participate in the conclusion of a concordat.

Art. 8 religious education religious education religious education is a school discipline at all levels.
It is given by teachers of religion of churches recognised as institutions of public law; with the consent of the churches, schools can entrust the biblical teaching to their faculty.

Art. 9 days of feast days of party official feast days are set by the Grand Council, which will consult before churches recognised as institutions of public law.

Chapter 3: Rights and duties of citizens I. rights fundamental art. The person, the dignity and the freedom of man 10 inviolability of the person, inviolability of the person are inviolable.

Art. 11 legal protection legal Protection all citizens are equal before the law.
No one may be removed from his natural judge.
The right to be heard by a court.
The indigent are entitled to free legal aid.

Art. 12 protection on criminal procedure Protection on criminal procedure the arrest, home search, confiscation and other privacy violations can be ordered only in cases provided for by the criminal procedure. Anyone arrested and judged in an unjustified manner may claim compensation in the canton.

Art. 13 freedoms in particular, individual liberties are guaranteed within the limits of federal law and the cantonal laws to safeguard public order: a. freedom of belief and worship; b. freedom of opinion c. freedom of press; d. the freedom of association and Assembly; e. freedom of establishment; f. bodily integrity; g. freedom to move and the inviolability of the home; h. the freedom of trade and industry; i. freedom of teaching.

Art. 14 warranty of ownership right to property owned by individuals, foundations and communities of private and public law is inviolable.
The withdrawal of the property must intervene only under the law and in the public interest.
In case of expropriation or restriction of property equivalent to expropriation, fair compensation is due to the owner.
The procedure of expropriation is regulated by the law.

II. rights policies art. 15Titulaires of political rights political rights holders are holders of political rights citizen domiciled in the latter and every Swiss citizen Township established in Township who are eighteen years of age and who have not been deprived of the quality of active citizens under the law.

Accepted by referendum October 23. 1983, in effect since Oct. 23. 1983. guarantee of the SSA. fed. Dec 14. 1984 (FF 1984 III 1491 art. 1 ch. 1, II 430).

Art. 16 right of city to city law sets the conditions and the procedure for the acquisition and loss of the city communal and cantonal.

Art. 17 establishment and hotel stay and stay the establishment and the stay of Swiss citizens and foreigners are subject to federal law.
The other provisions concerning the stay and will be enacted by order.

Art. 18 repealed by referendum of June 8, 1997, with effect from 8 June 1997. Guarantee of the SSA. fed. June 15, 1998 (FF 1998 3179 art. 1 ch. 2, 3).

Art. 19 repealed by referendum Nov. 29. 1998, with effect from Nov. 29. 1998. guarantee of the SSA. fed. Dec 21. 1999 (FF 2000 127 art. 1 ch. 2, 1999 4957).

Art. 20 quality of active citizen active citizen any active citizen can, in canton and in his home town: 1. participate in voting and elections; 2. exercise the right of initiative and referendum; 3. be elected to office or at a public function in accordance with the law.

Art. Right of petition right of petition 21 everyone has the right to address petitions to the authorities.
The authorities are required to respond to petitions within their jurisdiction.

III. duties art. 22 civic duty civic duty every citizen is required to fulfil the duties which are imposed by the legislation.
Citizens have a civic duty to take part in the Municipal Assembly, as well as in the popular consultation to the polls of the commune, the canton and the Confederation.
Each must at all times exercise its right to vote according to his conscience.

Accepted by popular vote from 29 nov. 1998, in force since Nov. 29. 1998. guarantee of the SSA. fed. Dec 21. 1999 (FF 2000 127 art. 1 ch. 2, 1999 4957).

Art. 23 repealed by referendum of June 8, 1997, with effect from 8 June 1997. Guarantee of the SSA. fed. June 15, 1998 (FF 1998 3179 art. 1 ch. 2, 3).

Chapter 4: Tasks public art. 24 a. Protection of public order A. Protection of public order the canton and the communes ensure the maintenance of public peace, order, security and morality.

Art. 25 B protection of the family (B) Protection of the family in the performance of their duties, the canton and the communes strive to support the family as the Foundation of the State and society.
They in particular ensure the protection of young people, the elderly and infirm.

Art. 26 C school / 1. Jurisdiction C. school 1. Jurisdiction the Township encourages and monitors public education and education.
Law, it is up to the Township to create: a. special schools; b. professional school of arts and crafts, trade and agriculture; c. secondary; d schools. higher schools. The canton may conclude agreements or of concordats therefor.

Primary education is the responsibility of municipalities within the limits of the law.

Art. 27 C school / 2. Direction of the 2 schools. Schools public schools branch are directed in a patriotic and Christian spirit. They must be able to be frequented by followers of all faiths, without infringement of their freedom of belief and conscience.

Art. 28 C school / 3. Private teaching 3. The freedom of private education private education is guaranteed subject to oversight by the canton.

Art. 29 C school / 4. Subsidies for training 4. Subsidies for training

The canton and the communes encouraged by subsidies and, within the limits of the legislation, professional and scientific training and the advancement of knowledge in these areas.

Art. 30 D. Encouragement of cultural and scientific activities D. Encouragement of cultural and scientific activities the canton and the communes encourage scientific and artistic activity, as well as efforts to develop popular culture.
They can create or support institutions performing important cultural tasks.

Art. 31 E. nature conservation, landscape and sites E. Protection of nature, landscape and sites the canton and the communes must protect the landscapes and communities worthy of being preserved, sites evocative of the past, as well as the natural sights and monuments.
They encourage efforts for the protection of nature, the landscape and the conservation of historical monuments and sites, the protection of cultural property.
They take or encourage measures relating to the protection of water and air pollution, forest conservation and the protection of the Alpine sites, wildlife and flora in particular.

Art. 32 f. Social Affairs / 1. F. business welfare social 1. Social assistance the canton and the communes promote well-being and social security of the people.
The tasks and competence of the canton and communes guardianship, assistance and social institutions are set by the law.

Art. 33 f. Social Affairs / 2. Social Security 2. Welfare the canton and the communes can complete benefits of social institutions and works of Confederation assistance through grants, create their own institutions of social welfare, introduce special insurance and encourage the personal pension.

Art. 34 f. Social Affairs / 3. Public health 3. Public health the canton and Commons encourage public health and aid to the sick.
They can maintain or support hospitals and other hospitals.
The law may establish mandatory health insurance.

Art. 35 g. Economic Affairs / 1. Encouragement of Economics G. business economic 1. Promotion of economy the canton and the communes strive to develop the economy of the country.
They can create or support institutions and institutions for the economic development of the canton.
They encourage industry, arts and crafts, trade and communications.
They ensure the rational use of the ground and encourage the efforts undertaken in the area of the planning at the national, regional and local level.

Art. 36 G. Economic Affairs / 2. Agriculture 2. Agriculture the canton and the communes support measures to maintain a capable peasantry.
They strive to maintain rural land ownership and encourage the piecemeal changes and land improvements.

Art. 37. G Economic Affairs / 3. Forests, waters, roads 3. Forests, waters, roads the canton supervises on forests; its sovereignty extends to watercourses and channels of communication, within the limits of the law.
It can fix by law the use of waters, the correction of water courses and which relates to the roads.

Art. 38 G. Economic Affairs / 4. Enjoy 4. Enjoy the canton has a monopoly on salt, hunting, fishing and mining. Are reserved current rights of private individuals, corporations and companies of Alpine.

Art. 39 h. financial Regime / 1. Financial regime of the financial state H. system 1. Financial system of the State financial system of the State must be adapted to the requirements of the economy. Cantonal Affairs must be managed in a rational and economic way.
It is important for this purpose to establish financial programs and effective financial control. The Organization, tasks and procedures are set by the Grand Council.

Art. 40 h. financial system / 2. Budget 2. The Grand Council budget the budget on the basis of a draft presented by the Council of State and the courts.
The budget includes revenues and the likely expenses for the accounting period. Include expenditure for a specific purpose, as well as the expenditure considered necessary by the Grand Council and the Council of State within the limits of their jurisdiction.

Accepted by popular vote on Sept. 22. 1996, in force since Feb. 15. 1997. guarantee of the SSA. fed. Dec 4. 1997 (FF 1998 77 article 1 point 1, 1997 III 1033).

Art. 41 h. financial system / 3. Account 3. Account the account must include revenues and expenditures of the accounting period, as well as the State of the fortune of the canton at the end of that period.
The Council of State and the courts submit accounts to the review and approval of the Grand Council.

Accepted by popular vote on Sept. 22. 1996, in force since Feb. 15. 1997. guarantee of the SSA. fed. Dec 4. 1997 (FF 1998 77 article 1 point 1, 1997 III 1033).

Art. 42 h. financial plan / 4. 4 fiscal sovereignty. Fiscal sovereignty the canton and the communes are sovereign in tax matters.
The Act specifies the nature and importance of taxes that can raise the canton and the communes. The law regulates the procedure of taxation and perception.

Art. 43. financial Regime / 5. Financial adjustment 5. Financial Equalization of financial equalization measures can be taken in order to mitigate the differences existing municipal tax.
The legislation set the basics that determine the financial capacity of municipalities, as well as the mode of financial equalization and the procedure to follow.

Art. 44 h. financial Regime / 6. Municipal benefits 6. Municipal benefits the law may require municipalities to pay benefits for the realization of common tasks of the canton and the communes. Orders from the Grand Council may fix communal benefits for expenses which are the responsibility of the Township under federal legislation or community commitments.

Chapter 5: The powers of the State and their provisions functions general art. 45 separation of the Separation of powers in principle powers, legislative, Executive and judicial powers are separated.
Members of the Grand Council, prosecutors, the juvenile prosecutor and his Deputy cannot belong to the District Court or the Court of appeal.
The members of the Council of State cannot be part of either the Grand Council, a court, or a Municipal Council.
Members of a conciliation or a court authority can simultaneously belong to a higher court.

Accepted by referendum Sept. 26. 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 art. 1 ch. 3, 2011 4149).
Accepted by referendum Sept. 26. 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 art. 1 ch. 3, 2011 4149).

Art. 46eligibilite eligibility all citizen who has the right to vote and who is domiciled in the canton is eligible for a function within a cantonal or municipal authority. People under guardianship are not eligible. The law determines the cases in which eligibility is not subordinated to qualified elector or the obligation to be domiciled in the canton.

Accepted by referendum of June 8, 1997, in force since 8 June 1997. Guarantee of the SSA. fed. June 15, 1998 (FF 1998 3179 art. 1 ch. 2, 3).

Art. 47Exercice of political rights exercise of the political rights law rule initiatives, referendums, voting and election procedures.
The law determines, among cases that fall into the competence of the communal assemblies, those that require the Organization of a referendum to the ballot box.

Accepted by popular vote from 29 nov. 1998, in force since Nov. 29. 1998. guarantee of the SSA. fed. Dec 21. 1999 (FF 2000 127 art. 1 ch. 2, 1999 4957).

Art. 48 term of office term of office the popular in the canton and the communes and elections that are the responsibility of the Grand Council are held every four years, unless the law provides otherwise.
The Council of State and the City Council appoint, for a period of four years, standing committees and authorities which are provided by law and carry on business incidentally.
The positions become vacant during a term of office of four years should be filled again for the rest of this period.

Accepted by referendum of June 8, 1997, in force since 8 June 1997. Guarantee of the SSA. fed. June 15, 1998 (FF 1998 3179 art. 1 ch. 2, 3).
Accepted by referendum of June 8, 1997, in force since 8 June 1997. Guarantee of the SSA. fed. June 15, 1998 (FF 1998 3179 art. 1 ch. 2, 3).

Art. 49 the term limits of function Limitation of the term of office the term of office is limited to sixteen years for members of the Grand Council, the courts, as well as the municipal councils.
The rule does not apply to the presidents of the courts.

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

Accepted by popular vote on Sept. 22. 1996, in force since Feb. 15. 1997. guarantee of the SSA. fed. Dec 4. 1997 (FF 1998 77 article 1 point 1, 1997 III 1033).

Art. 50incompatibilite of functions of the incompatibility of duties employees employees any person who, as a principal or full time, is related to the canton by a report by a contract of employment or service is not eligible in a cantonal authority which is hierarchically superior or Executive of a political commune or district office. Legislation may provide for other restrictions.
Any person who, as a principal or full time, is related to a municipality by a report of service or a contract of employment is not eligible for a function within a local authority which is hierarchically superior.
Any person who, as a principal or full time, is related to an institution under public law by a report of service or a contract of employment may be elected in the appointing of establishing authority.

Accepted by referendum of June 8, 1997, in force since 8 June 1997. Guarantee of the SSA. fed. June 15, 1998 (FF 1998 3179 art. 1 ch. 2, 3).
Accepted by referendum on Dec. 16. 2007, in force since Dec. 16. 2007. guarantee of the SSA. fed. Dec 18. 2008 (FF 2009 465 article 1 ch. 2, 2008 5497).

Art. 51incompatibilite for the incompatibility person for the person no one can sit on the Council of State, to the Grand Council, in a court or other judicial authority, in a commission or a municipal authority at the same time: 1 that a person who is related by blood or marriage in direct line or online collateral up to the third degree; 2. that his or her spouse or the spouse of one of his brothers and sisters; 3. only registered partner or partner registered one of her brothers and sisters; 4. a person who does in fact a married life.

The rules of incompatibility for the person based on a marriage or a registered partnership also apply when it ended.
The person who must withdraw for incompatibility for the person is, if necessary, drawn at random.

Accepted by referendum on Dec. 16. 2007, in force since Dec. 16. 2007. guarantee of the SSA. fed. Dec 18. 2008 (FF 2009 465 article 1 ch. 2, 2008 5497).
Accepted by referendum Sept. 26. 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 art. 1 ch. 3, 2011 4149).

Art. Administrative 52annee administrative year the administrative year of cantonal and communal authorities begins July 1 and ends June 30, if the legislation or the regulations of common does not otherwise.
The termination of a load can be given for the end of the administrative year. Legislation may provide for exceptional cases of early withdrawal.

Accepted by popular vote from 29 nov. 1998, in force since Nov. 29. 1998. guarantee of the SSA. fed. Dec 21. 1999 (FF 2000 127 art. 1 ch. 2, 1999 4957).

Art. 53 repealed by referendum of June 8, 1997, with effect from 8 June 1997. Guarantee of the SSA. fed. June 15, 1998 (FF 1998 3179 art. 1 ch. 2, 3).

Art. 54responsabilite responsibility the canton, the communes, the other communities and institutions under public law are responsible for damage without the right their bodies in the exercise of public power.
They respond also caused damage in a lawful manner by their bodies, when people suffer a prejudice as they cannot reasonably bear alone the consequences.
Members of the authorities and employees are responsible, within the limits of the law, acts that they do in the exercise of their function.

Accepted by referendum of June 8, 1997, in force since 8 June 1997. Guarantee of the SSA. fed. June 15, 1998 (FF 1998 3179 art. 1 ch. 2, 3).

Art. 55Serment and promise an oath and promise at the beginning of the legislature or the period of service, members of the Grand Council, the Council of State and the courts make an oath or promise to respect the constitution and the laws and to carry out faithfully their responsibility.
In addition, legislation determines who must undertake by oath or promise.

Accepted by referendum of June 8, 1997, in force since 8 June 1997. Guarantee of the SSA. fed. June 15, 1998 (FF 1998 3179 art. 1 ch. 2, 3).

Art. 56 public nature of meetings public nature of the deliberations of the Grand Council and the Municipal Assembly sessions are public even that proceedings, with the exception of proceedings before judgment.
The legislation lists the cases where the township or private individuals have an interest in what the debates are not public; It delimits the scope of the right to the disclosure of the records.

II. powers cantonal 1. people art. 57 Elections Elections active citizens elect by secret ballot: a. the Grand Council and the constituent Assembly; (b) the Council of State; c. the Member to the Council of States; d. the presidents of the supreme court, of the Administrative Tribunal and the cantonal court; (e) the members of the supreme court, the Administrative Court and the cantonal court.

Art. 58 votes / 1. Mandatory voting 1. Mandatory are submitted to the popular vote to the polls: a. the adoption and modification of the cantonal constitution and the decision to proceed with the complete revision; b. the exercise of the right of initiative of the cantons provided in art. 93, al. 2, of the federal constitution, when a popular initiative proposes this exercise and that the Grand Council opposes; c. popular initiative, who regularly led, focuses on a law or a decree financial, if the Council does not approve or he opposed a counter-proposal.

Art. Voting 59 / 2. Optional 2. Facultative on demand are submitted to the vote: a. the adoption, amendment or repeal of legislation; b. decisions concerning expenses unique, freely determinable and assigned to a specific purpose, more than a million francs, and recurrent costs annually, more than 200,000 francs.

The referendum takes place if: a. demand a third of the members of the Grand Council; b. 100 active citizens request within the period of 30 days following the official publication of the legislation or decree it.

Art. 60 votes / reservation of the law book law General and abstract provisions which confer rights or lay down obligations to physical and legal persons and those which establish the Organization of the canton and the communes are taken in the form of the law.

Art. 61 popular initiatives / 1. Culmination popular Initiatives 1. Outcome a popular initiative is successful when: a. 500 active citizens ask the total revision or partial of the cantonal constitution revision; b. 500 active citizens ask for adoption, the repeal or amendment of an act or a financial Decree exposed to the optional referendum; c. 500 citizens ask that the Township has the right of initiative conferred on him by art. 93, al. 2, of the federal constitution.

A popular motion results when an active citizen or a Municipal Council requests adoption, repeal, or amendment of a law or a financial Decree exposed to the optional referendum and that the Grand Council supported his request.

Art. 62 popular initiatives / 2. Form 2. Form initiatives may take the form of proposals designed in general terms or, if they do not tend to the total revision of the constitution, written from scratch.

Art. 63 popular initiatives / 3. 3 content. Content initiatives must not be contrary to federal law or the cantonal constitution, when they are not a revision of it.
They should wear on a material field and must be accompanied by a motivation.

Art. Popular initiatives 64 / 4. Treatment 4. Treatment initiative designed in general terms must be submitted to the popular vote within a period of one year, if the Council does not approve. If the Council approves it or the people accept him, the Grand Council is developing a text, which must be submitted to the popular vote in the two-year period.
The Grand Council should deal with popular initiatives written all parts which are in line with the constitution in such a way that they are submitted to the popular vote, accompanied by any counter-proposal, within a period of two years.

Art. 65 abroge 2. Grand Council art. 66Composition and electoral procedure Composition and election procedure the Grand Council consists of 55 members. He is elected by proportional representation.
The seats are distributed among Commons proportionally to the population of residence. Is critical, as such, the State of the population at 31 December of the penultimate year preceding the election. Each municipality is entitled to a minimum of four seats in the Grand Council.
New general elections are held every four years.

Accepted by referendum of June 4, 1989, in force since June 4, 1989. Guarantee of the SSA. fed. 22 June 1990 (1990 FF II 1211 s. 1 No. 2, I, 146).
The translation published in the 1990 I 146 FF has been rectified.

Art. 67 constitution Constitution General Council elects its president for a year and his Vice President, as well as the tellers, all chosen from among its members.

The Grand Council publishes a domestic regulation on its deliberations.
Members of the Council participate in the deliberations of the Grand Council with advisory voice right to make proposals.

Art. 68 notice convening General Council shall be convened by its Chairman: a. when the regulations asking or that the Council so decides; (b) at the request of the Council of State; c. when one third of the members of the Council requested in writing indicating the objects to process.

Art. Election 69competences skills election the Grand Council elects every year the landammann, chosen from among the members of the Council of State, and the vice-landammann (landstatthalter). The landammann is not immediately eligible for re-election to that load. A member of the Council of State can fill more than four times the load of landammann.
The Grand Council elects, in addition, for the duration of the constitutional legislature: a. the vice-presidents of the supreme court, the Administrative Court and the cantonal court, chosen among the members of these courts; b. the State Chancellor, on the proposal of the Council of State; c. prosecutors and, among them, the Attorney general and his Deputy, as well as the Attorney of the juvenile and his Deputy; d... .e... .f. the cantonal commission and audit management; g. others authorities and commissions which the election must, under the Act, to the Grand Council.

Accepted by popular vote from 29 nov. 1998, in force since Nov. 29. 1998. guarantee of the SSA. fed. Dec 21. 1999 (FF 2000 127 art. 1 ch. 2, 1999 4957).
Approved by referendum on Sept. 26. 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 art. 1 ch. 3, 2011 4149).
Repealed by referendum of 21 May 2006, with effect from July 1. 2006 SSA warranty. fed. Dec 18. 2008 (FF 2009 465 article 1 ch. 2, 2008 5497).
Repealed by referendum Nov. 28. 2004, with effect from Jan 1. 2005 SSA warranty. fed. Dec 18. 2008 (FF 2009 465 article 1 ch. 2, 2008 5497).

Art. 70 skills on the skills matter in the material the Grand Council is also competent to: 1 examine projects and proposals for the votings popular; 2. interpreting the cantonal constitution, the laws and ordinances, excluding the cases pending before the judge; 3. exercise supervision on the cantonal administration and the administration of justice, including review and approve the reports management; 4. establish the annual budget, review and approve the account of State and administrative accounts and the accounts of funds special; 5.  decide the costs imposed on the canton under federal law, the expenses that the Grand Council is empowered to arrest a law and, subject to the financial referendum, unique spending freely determinable and assigned to the same goal as well as the recurrent costs annually, when they are not in the competence of the Council of State; 6. acquire land for the achievement of the tasks of the canton; 7. decide on the launch and the renewal of long-term borrowing; 8. exercise the right of pardon for sentences custodial; 9. rule on conflict of jurisdiction between cantonal authorities and between cantonal authority and authority municipal; 10. decide on conformity with the constitution (admissibility) of popular initiatives and treat them;
11 grant cantonal freedom of the city to foreigners;
12 exercise the rights recognized to the Township by the federal constitution against Confederation; 13. decide on joining a concordat and make legal agreements with the bishopric, subject to the financial referendum and the skills that the law delegates to the Council of State; 14. assume all other tasks entrusted to it under the law.

Accepted by popular vote from 29 nov. 1998, in force since Nov. 29. 1998. guarantee of the SSA. fed. Dec 21. 1999 (FF 2000 127 art. 1 ch. 2, 1999 4957).
Accepted by referendum of June 8, 1997, in force since 8 June 1997. Guarantee of the SSA. fed. June 15, 1998 (FF 1998 3179 art. 1 ch. 2, 3).
Accepted by referendum Sept. 26. 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 art. 1 ch. 3, 2011 4149).
Accepted by popular vote from 29 nov. 1998, in force since Nov. 29. 1998. guarantee of the SSA. fed. Dec 21. 1999 (FF 2000 127 art. 1 ch. 2, 1999 4957).
Adopted by popular vote on May 17, 1992, in force since May 17, 1992. Guarantee of the SSA. fed. June 5, 1997 (FF III 874 article 1 point 1, I 1327 1997).
RS 101 accepted by popular vote from 29 nov. 1998, in force since Nov. 29. 1998. guarantee of the SSA. fed. Dec 21. 1999 (FF 2000 127 art. 1 ch. 2, 1999 4957).

Art. 71 repealed by referendum Nov. 29. 1998, with effect from Nov. 29. 1998. guarantee of the SSA. fed. Dec 21. 1999 (FF 2000 127 art. 1 ch. 2, 1999 4957).

Art. 72 skill in Competence orders in orders the Grand Council is responsible for the adoption: 1. of autonomous orders in matters of importance secondary; 2. of enforcement of provisions of federal law and laws cantonal; 3 orders. orders that are based on a delegation of authority.

Art. 73 repealed by referendum Nov. 29. 1998, with effect from Nov. 29. 1998. guarantee of the SSA. fed. Dec 21. 1999 (FF 2000 127 art. 1 ch. 2, 1999 4957).

3. Council of State art. 74 composition and Composition departments and departments of State Council of five members.
The legislation sets the tasks and responsibilities of the various departments of the State Council.
The distribution of the departments is the responsibility of the Council of State.

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

Art. 75 jurisdiction jurisdiction orders for prescriptions the State Council is competent to enact: 1. implementing provisions for prescriptions of law federal, provided that they are limited to settle the procedure and competence; 2. enforcement provisions of the cantonal laws that provide a delegation to the Council of State as well as orders of the Grand Council; 3. urgent orders of limited duration. They must be submitted as soon as possible to the Grand Council, which decides to continue to apply and to what end.

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

Art. 76 Government powers powers Government the State Council is the highest executive authority of the canton; He is responsible for all matters that fall within the powers of a Government. It represents the canton on the outside.
In particular, the State Council is responsible for: 1. run the constitution, the laws and ordinances in making decisions himself and giving instructions to the administration; 2. execute decisions and arrested other cantonal authorities, unless that jurisdiction is reserved for other organs; 3. organize the cantonal administration and proceed to the elections and the commitments when legislation set no other rules of organisation or not entrusted to other bodies to proceed to the elections and the commitments; 4. monitor the entire administration of the State and monitor, within the law, municipalities, corporations, and communities and institutions autonomous; 5. deciding on appeals against the municipalities and corporations, similarly against departments, if the courts are not competent; 6. concessions cantonal; 7. grant permissions and licenses, unless that jurisdiction assigned by law to another authority; 8. decide, subject to wider powers conferred by legislation or by a decree of the Grand Council, freely determinable unique spending up to 200,000 francs, on a single object, as well as expenditures up to 50,000 francs renewable annually; 9. administer the cantonal fortune, notably provide for the maintenance of buildings and facilities cantonal; 10. give advice; 11. grant the cantonal city right to Swiss citizens and pronounce the parole of city cantonal law;
12 grant the pardon, unless that jurisdiction is reserved for the great Council 13. all tasks entrusted to it by the legislation.

Approved by referendum of June 8, 1986, in force since June 8, 1986. Guarantee of the SSA. fed. June 18, 1987 (1987 FF II 978 article 1 point 1, I-1).
Accepted by referendum of June 8, 1997, in force since 8 June 1997. Guarantee of the SSA. fed. June 15, 1998 (FF 1998 3179 art. 1 ch. 2, 3).
Accepted by referendum of June 8, 1997, in force since 8 June 1997. Guarantee of the SSA. fed. June 15, 1998 (FF 1998 3179 art. 1 ch. 2, 3).
Adopted by popular vote on May 17, 1992, in force since May 17, 1992. Guarantee of the SSA. fed. June 5, 1997 (FF III 874 article 1 point 1, I 1327 1997).
Accepted by referendum Sept. 26. 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 art. 1 ch. 3, 2011 4149).

4 authorities legal art. 77independance and independence monitoring and surveillance

The courts make justice independent and are subject only to the law and the right.
The judicial authorities are subject to the supervision of the supreme court and to the supervision of the Grand Council.

Accepted by popular vote on Sept. 22. 1996, in force since Feb. 15. 1997. guarantee of the SSA. fed. Dec 4. 1997 (FF 1998 77 article 1 point 1, 1997 III 1033).

Art. 77aGestion of the management of the courts courts the courts to manage themselves within the limits set by law. For this purpose the supreme Court represents other courts in dealing with other authorities. She shall regularly report to the Grand Council management.
The presidents of the courts are empowered, subject to broader skills which are the result of legislation or an order of the Grand Council, incur expenditure within the limits of the budget approved.

Accepted by popular vote on Sept. 22. 1996, in force since Feb. 15. 1997. guarantee of the SSA. fed. Dec 4. 1997 (FF 1998 77 article 1 point 1, 1997 III 1033).

Art. 78 organization and organization and procedure the Organization, composition, tasks and competencies of the courts and the judicial authorities are regulated by the law. The procedure is regulated by orders.

Art. Civil 79Juridiction civil jurisdiction in civil law, the judicial authorities are: the authority of conciliation, the presidents of the cantonal court, District Court, supreme court and its president. Reserved to the courts of arbitration.


Accepted by popular vote on Sept. 22. 1996, in force since Feb. 15. 1997. guarantee of the SSA. fed. Dec 4. 1997 (FF 1998 77 article 1 point 1, 1997 III 1033).
Accepted by referendum Sept. 26. 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 art. 1 ch. 3, 2011 4149).
Repealed by referendum of 22. 7. 1996, with effect from Feb. 15. 1997. guarantee of the SSA. fed. Dec 4. 1997 (FF 1998 77 article 1 point 1, 1997 III 1033).

Art. Criminal 80Juridiction criminal court criminal justice is administered by: the Crown, the president of the cantonal court, District Court, supreme court and its president.
The juvenile criminal justice is made by: the Crown of the miners, the president of the cantonal court, the cantonal court in respect of the juvenile, the Supreme Court and its president.

Accepted by referendum Sept. 26. 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 art. 1 ch. 3, 2011 4149).

Art. 81 Administrative Court Tribunal in administrative matters, justice is exercised by the Tribunal or its president, unless the law recognizes this competence to the Grand Council, the Council of State or an authority of independent appeals, elected by the Grand Council.
The law may establish a special court as Tribunal or load the supreme Court of this task.

Accepted by referendum Sept. 26. 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 art. 1 ch. 3, 2011 4149).

III. powers municipal 1. General provisions art. 82 existence and Existence autonomy, and autonomy the communes are autonomous communities in public law.
The existence and autonomy of municipalities are guaranteed by the canton.

Art. 83 tasks tasks Commons solve independently all matters that are of their jurisdiction within the limits of the law.
The fortune of the Commons must be carefully managed and wisely used for tasks which they are responsible.

Art. 84 associations Associations purpose to purpose Commons can exploit institutions or common enterprises and intermunicipal associations under public law.
The entire local authorities association must be the subject of a special status.
Legislation may establish arrangements with General binding force to set the creation and administration of defined intercommunal associations.

Art. 85 Organization Organization the Municipal Assembly, the Municipal Council, the president of municipality and the commission of audit of the accounts are local organs.
The Audit Committee consists of three to five members, who may not belong to the Municipal Council. It is required to review the financial system, including the accounts of the municipality and present proposals to the Municipal Assembly.
The law may establish other provisions concerning the Organization of the commune.
Moreover, the Organization and administration of the municipality may subject to a municipal regulation.

Art. 86 right of initiative right of initiative any active citizen has the right to requests at all times to the Municipal Council, in the form of proposal in general terms or in the form of written project from scratch, on objects that are within the jurisdiction of the Municipal Assembly. The Municipal Council is required to submit these requests to the popular vote within a period of one year. If a general proposal is accepted, a detailed project must be submitted to the Municipal Assembly within a period of a year.
Proposals may relate to a single object, and must be reasoned.

Art. 87 referendum optional optional Referendum orders and regulations legally binding General, adopted, or modified by the communal Council must be submitted to the Municipal Assembly, in the 30 days following their publication, when 50 active citizens so request in writing.

Art. 88 right of appeal right of Appeal appeal may be lodged within 20 days of the Council of State against the decisions of the Municipal Council and the Municipal Assembly.
Is for the ordinary civil procedure in the event of infringement of private rights.

Art. 89 watch Commons are subject to the supervision of the State Council. The powers of the Council of State in this matter is limited to the legality of the decisions, unless the law provides otherwise.
In case of serious breach of duties, the State Council may order appropriate measures and, possibly, to limit the right of a municipality to administer itself. The local authority affected by these measures has the ability to appeal to the Grand Council within 20 days.
Local orders are subject to the formal approval of the State Council.

Art. 90 kinds of Commons types of municipalities are considered to be Commons: 1. the common policies and the Commons District; 2. the bourgeoisie; 3. the parishes.

2 common political and common art district. 91 composition and Composition tasks and tasks all individuals living within municipal boundaries form common policy.
Common policy rule, within the limits of the law, all local affairs that don't belong to the Confederation, the canton or another kind of commune.

Art. 92 Municipal Assembly Municipal Assembly the Municipal Assembly consists of the active citizens living in the town.
It must be convened at least once a year, usually in the spring.
Special meetings will be held whenever the Council decides or when 10 percent of citizens entitled to vote so request in writing indicating the objects to process. In this case, the Municipal Assembly must take place within three months of receipt of the request.
The place, date and the agenda items will be shown publicly a week in advance.

Art. 93 skill of the Municipal Assembly skills of the Municipal Assembly, the Municipal Assembly has the following powers: 1. set the number of municipal councillors, which varies from five to 13; 2. elected for a term of office of four years: a. the communal councillors, members of the Grand Council, c. b... .d. the local bailiff, e. the commission of audit.

3 elect the president and the vice-president of the Council, relating to Engelberg, the name of talammann and statthalter, for a period of one year, unless the municipal regulations provide a mandate more long; 4. relatively decide to adopt, repeal and change orders and regulations binding General, if an initiative has been filed or if the referendum was requested; 5. approve, each year, the accounts of the municipality and budget; 6. fix the amount of the tax; 7. decide relatively to the proposals from the City Council and voters.

Repealed by referendum Sept. 26. 2010, with effect from Jan 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 art. 1 ch. 3, 2011 4149).
Accepted by referendum of June 8, 1997, in force since 8 June 1997. Guarantee of the SSA. fed. June 15, 1998 (FF 1998 3179 art. 1 ch. 2, 3).
Accepted by referendum of June 8, 1997, in force since 8 June 1997. Guarantee of the SSA. fed. June 15, 1998 (FF 1998 3179 art. 1 ch. 2, 3).

Art. 94 the Council powers local skills of the Municipal Council the Municipal Council has the following powers:

1 approve the minutes of the Assembly local; 2. implementing the decisions of the Assembly Hall; 3. apply the constitution, the laws, regulations and orders, as well as the execution of decisions and requirements of authorities, cantonal; 4. prepare the proposals to the Assembly Hall, 5. ensure public peace, order, good morals and health public; 6. establish the budget; 7. decide any freely determinable single expenditure up to 50,000 francs, on a single object, spending up to CHF 10,000 renewable annually, subject others limits provided by the municipal regulation, spending by municipalities under the law or for which the Municipal Council has, on the basis of law or a decree of the Municipal Assembly greater powers, as well as expenses related to maintenance of the buildings, facilities and equipment which the commune owns; 8. adopt regulations and orders; 9. appoint the municipal staff and conclude the contracts necessary; 10. administer the local fortune.

Approved by referendum of June 8, 1986, in force since June 8, 1986. Guarantee of the SSA. fed. June 18, 1987 (1987 FF II 978 article 1 point 1, I-1).
Accepted by referendum of June 8, 1997, in force since 8 June 1997. Guarantee of the SSA. fed. June 15, 1998 (FF 1998 3179 art. 1 ch. 2, 3).

Art. 95 town of district town of the district within a common policy, specially delimited territories can organize themselves into district municipalities to accomplish certain tasks of the municipality; These communes have their own administrative authorities and can be given a special regulation for this purpose.
The provisions on common policy are applicable by analogy to the election of these authorities and the creation of the necessary organization.
Municipalities of the district can be removed and be integrated again into the common policy.
The Foundation and the deletion of Commons district must be approved by the Assembly of the municipality, the Assembly of the commune of district and the Council of State.

3 bourgeoisies art. 96 composition and Composition tasks and tasks the burghers commune consists of all persons with the right of middle class in the town, regardless of their home.
It regulates all affairs that are of its jurisdiction under the Act.

Art. 97 Assembly of the Municipal Assembly of the Assembly of the municipal commune burghers commune commune consists of resident Burgesses and having the right to vote in the town. Other active citizens of the town can also vote if cases are not exclusively the municipal commune.

Art. 98 powers of the Assembly of the municipal commune powers of the Assembly of the Assembly of the municipal commune burghers commune has the following powers: 1. the election, for a term of office of four years, a bourgeoisial Board consisting of five to nine members; 2. It gives the municipal city right to foreigners.

Common policy provisions govern by analogy other assignments.

Adopted by popular vote on May 17, 1992, in force since May 17, 1992. Guarantee of the SSA. fed. June 5, 1997 (FF III 874 article 1 point 1, I 1327 1997).

Art. 99competence of the Council bourgeoisial bourgeoisial Council bourgeoisial jurisdiction is competent to grant freedom of the City municipality to Swiss citizens.
The other powers of the bourgeoisial Council are defined by analogy to those of the Municipal Council.

Adopted by popular vote on May 17, 1992, in force since May 17, 1992. Guarantee of the SSA. fed. June 5, 1997 (FF III 874 article 1 point 1, I 1327 1997).

Art. 100 incorporation Incorporation when the burghers commune has more than a small number of powers, the Assembly of the municipal commune can load common policy to protect its interests and renounce its own legal personality.

4 parishes art. 101 composition Composition of Catholic confession of the municipality people form the Catholic parish. An independent Catholic parish with its own Parish Council may be formed by decision of a denominational meeting or by law. Monetary disputes between the municipality and the parish that result from such separation are regulated by the Administrative Tribunal.
The existing reformed evangelical parish is recognized by law. Other similar parishes can be created with the approval of the Grand Council.
The parishes of each denomination can come together in a federation of parishes for their representation to the outside, to address common business and to establish a fair financial equalisation.

Art. 102 as a member as a member a recognized ecclesiastical law community members who live in the riding of the parish belong to this parish.
The right to vote and the electorate of the ward members are governed by the provisions applicable to the common policy. They can be granted to other members of the parish under the Act or decision of the parish.
The pastor and the pastor are members of the Parish Council office and have the right to vote, as well as the chaplains, insofar as are treated objects in relation to their Department.

Art. 103 district of the District of the District of a Catholic parish parish parish generally corresponds to the territory of the municipality. It can be proceeded to the meeting or the division of parishes at the request of a parish and under a decree of the Grand Council.
The diocesan bishop is competent to change the parish districts and to create new cures; He takes a decision after hearing the interested Parish Council. If subsequently Division or the meeting of parishes, a change in the riding becomes necessary, the Parish Council must agree in this respect with the diocesan bishop.
The reformed evangelical Parish has the right to organize in a single or several parochial constituencies.

Art. 104 fortune and of the parish of Fortune and taxes of the parish parishes administer their wealth in accordance with the purposes to which it is assigned, and according to the special charges on funds belonging to them. If a parish administered the fortune of legal persons, it must present accounts to the Bishop. Supervision is exercised by the Council of State.
Parish taxes to cover the financial needs of parishes are governed by tax legislation.

Art. 105 skill of Catholic parishes skills from Catholic parishes Catholic parishes have, subject to preferential rights and special duties of third parties, and under special titles, main task of appointing ecclesiastics and provide cures for financial needs. They can do other tasks.
Monitoring and administration of the chapels are the responsibility of the borough Commons, subject to special circumstances. These allocations and possible commitments may be transferred by contract to the parishes. For affairs relating to the monitoring and administration of the chapels, the priest and the Chaplains on the bourgeoisial Board and have the right to vote.

Art. 106 skill of the reformed evangelical parishes skills of Evangelical parishes Reformed Evangelical Reformed parish administers its internal affairs autonomously.
If it is several parishes in the canton, they can freely distribute skills with each other's internal affairs and the federation of municipalities.

Accepted by referendum Sept. 26. 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. Sept. 29. 2011 (FF 2011 7019 art. 1 ch. 3, 2011 4149).

Chapter 6: Corporations or "Teilsamen" and companies of mountain pastures art. 107 legal situation and tasks legal Situation and existing tasks the Corporations and Teilsamen companies of mountain pastures are recognized as old institutions of public law to administer the heritage of the bourgeoisie.
They are guaranteed the administration of their wealth and the free disposal of its product.
During the placement and administration of fortune, especially when the alienation of land, it will be important to have in view the economic development and improving the prosperity of the community.
The creation and the merger of Corporations, Teilsamen and Alpine corporations must be approved by the Grand Council.

Art. 108 Organization Organization the right to vote and eligibility are set by statute, as well as the organization.

Art. 109 surveillance monitoring provisions for monitoring by the Council of State on Commons apply by analogy to the Corporations, "Teilsamen" and companies of mountain pastures.

Chapter 7: Provisions for review and transitional I. Revision of the cantonal constitution art. 110 Contesta Contesta the cantonal constitution may, at any time, be changed completely or in part.

Art. 111revision partial partial Revision

The partial revision of the constitution is done according to the rules of the legislative procedure and the revision is subject to the obligatory referendum.

Accepted by popular vote from 29 nov. 1998, in force since Nov. 29. 1998. guarantee of the SSA. fed. Dec 21. 1999 (FF 2000 127 art. 1 ch. 2, 1999 4957).

Art. Total 112revision total review the decision to totally revise the constitution is taken according to the rules of the legislative procedure and is subject to the obligatory referendum.
If the total revision of the constitution is decided, the drafting of the new constitution is the responsibility of a constituent Assembly.
The constituent Assembly is elected according to the rules applicable to the election of the Grand Council. All active citizens domiciled in the canton are eligible.
The project developed by the constituent Assembly is subject to popular ballot. If it is rejected, a new project must be submitted to the vote of the people in the three years following. If the latter rejects also the second text, the application of total revision is deemed invalid.

Accepted by popular vote from 29 nov. 1998, in force since Nov. 29. 1998. guarantee of the SSA. fed. Dec 21. 1999 (FF 2000 127 art. 1 ch. 2, 1999 4957).

Art. 113 adoption of constitutional provisions Adoption of constitutional provisions the new constitutional provisions are accepted if the project is approved by a simple majority of the votes in a ballot at the polls.
The entry into force of all or part of the new constitutional provisions can be delayed under special conditions: a. up to the granting of the federal guarantee; b. to that legislation have been adapted.

II. provisions transitional art. 114 coming into force coming into force the provisions relating to the powers of the landsgemeinde and objects subject to a vote at the ballot box come into force as soon as the people accepted the new constitution. For the rest, the new constitution comes into force on the day of the landsgemeinde of 1969.

Art. 115 legislation earlier previous Legislation if certain provisions of the previous constitution are necessary to the existence and activity of the cantonal and municipal bodies, they remain in force until the adoption of the new legislation.
The competent bodies must adapt to this constitution, the laws and ordinances that are in contradiction with her. Los orders which only the shape should be changed under the constitution continue to be valid until the adoption of new provisions by the authorities.
The financial decrees and orders of the Grand Council against which a referendum resulted in application of the old law are subject to the vote of the people in the consultation to the polls. It is similarly of the financial decrees and orders that are subject to a request for a referendum, including the short period for the signature crop still at the time of the entry into force of this constitutional revision, and that result later.
Changes of orders in force in the Grand Council, which, under the old law, were subject to optional referendum, until they are replaced or their repeal, are exposed in the optional referendum that the new law provides for laws.

Accepted by popular vote from 29 nov. 1998, in force since Nov. 29. 1998. guarantee of the SSA. fed. Dec 21. 1999 (FF 2000 127 art. 1 ch. 2, 1999 4957).
Accepted by popular vote from 29 nov. 1998, in force since Nov. 29. 1998. guarantee of the SSA. fed. Dec 21. 1999 (FF 2000 127 art. 1 ch. 2, 1999 4957).

Art. 116 changes of the legal amendment of legal provisions when the provisions of the new constitution deviate from the previous legislation regarding the deadline for appeals against decisions of the Municipal Council or Municipal Assembly, this time will be 20 days from the entry into force of the new constitution.

Art. 117 parishes parishes Catholic citizens having the right to vote of the former six municipalities have, within five years following the entry into force of the new constitution, decide by a communal vote if they want to create independent parishes each with its Parish Council.

Art. 118 skill of General Council General Council General Council jurisdiction may issue by way of orders all transitional provisions that would still be required.

Art. 119Elections Elections administrative period 1994 to 1998 of the municipal councils is extended by two years. The next full renewal of the municipal councils took place in the year 2000.
If, in a communal Council seats become vacant before that ends the extended administrative period, individual complementary elections should be organised.
If the present constitutional addendum is passed, the next elections are held: a. in 2002 for the first time, with regard to the full renewal of the Council of State; the term of office of the elected Council in 1996 is extended until 2002; (b) in 2003 for the first time and simultaneously for election to the national Council, with regard to the election of the Member of the Council of States; c. in 2000 for the first time, regarding the courts.

If a member of the Council of State, a judge or the Member of the Council of States withdraws before the Organization of new elections or if the term of office of one of them comes to an end earlier, by-elections are held.
The fixed, if necessary, the guidelines for a popular election to the polls.

Accepted by referendum of June 9, 1996, in force since June 9, 1996. Guarantee of the SSA. fed. June 5, 1997 (FF III 874 article 1 point 1, I 1327 1997).
Accepted by popular vote from 29 nov. 1998, in force since Nov. 29. 1998. guarantee of the SSA. fed. Dec 21. 1999 (FF 2000 127 art. 1 ch. 2, 1999 4957).
Accepted by popular vote from 29 nov. 1998, in force since Nov. 29. 1998. guarantee of the SSA. fed. Dec 21. 1999 (FF 2000 127 art. 1 ch. 2, 1999 4957).
Accepted by popular vote from 29 nov. 1998, in force since Nov. 29. 1998. guarantee of the SSA. fed. Dec 21. 1999 (FF 2000 127 art. 1 ch. 2, 1999 4957).

Art. 119aAdaptation to the Adaptation partnership in the Partnership Act Act changes to the constitutional provisions on the incompatibilities of the person apply for the first time to periods of service beginning on July 1, 2008.

Accepted by referendum on Dec. 16. 2007, in force since Dec. 16. 2007. guarantee of the SSA. fed. Dec 18. 2008 (FF 2009 465 article 1 ch. 2, 2008 5497).

Art. 120 adaptation of the law on communal voting Adaptation of the municipal elections Act of May 24, 1959, on the procedure for voting and elections is amended as follows: Article 11 is supplemented by a paragraph 2: Similarly, the bodies or voters referred to in paragraph 1 may decide that the vote at the ballot box or a possible second round of voting must take place outside the Municipal Assembly.
A paragraph 5 is added to article 16: votes in the polls or ballots outside the Municipal Assembly, eligibility is not limited to lists of registered candidates and lists can be withdrawn with the consent of the proposed candidates.

Art. 120aAdaptation of the law on public administration adjustment of the law on public administration art. 34, al. 1 and 3, of the law on public administration of June 8, 1997 is repealed. The new title is the following: "withdrawal before term.

Accepted by popular vote from 29 nov. 1998, in force since Nov. 29. 1998. guarantee of the SSA. fed. Dec 21. 1999 (FF 2000 127 art. 1 ch. 2, 1999 4957).

Art. 121 Court Administrative Tribunal the bodies designated in the previous legislation remain competent to try cases of administrative character until the adoption of the new law of the judiciary.

Art. 122 approval approval General Council is allowed to bring into harmony with the federal constitution the provisions of this constitution that the Federal Assembly may declare contrary to the federal constitution.

RS 101 Index of material numbers refer to the articles and articles of the constitution of real estate Acquisitions 70 Administration divisions-of the State, 76-81 Administrative Tribunal, 121 social - welfare 32-social security-33 public health 34 Age - as a condition of the quality of active citizen 15-25 Agriculture protection - school 26-36 Air support, protection against pollution 31 Alpnach 2 land improvements and piecemeal changes 36 development of the territory , encourage 35 approval of the constitution 122 arrest, unjustified 12 urgent orders 75 free legal aid 11 welfare 32, 33 Association-freedom of association and meeting 13 - nun 3 purpose of Commons 84 Associations insurance 34 insurance 33, 34 local authority authorities - General 45 - 56 - public service - 89 administrative year - 52 duration features 48-20, 46-incompatibilities 45 eligibility 50, 51, 119 - limitation of the term of office - 16 49 - 54 - oath and promise 55 - municipal authorities responsibility

-General 82 - 90 - municipal town 96 - 100 - municipality of district 95 - political commune 91 - 94 - 102-106 - authorities of the canton - parishes judicial authorities 77 - 81 - Council of State 74-76 - Grand Council 66-72 authorities judicial v. courts building 35, 36, 37 welfare 32 Budget - General - 40 budget 40, 70-project of the Grand Council 40 - Commons - budget 94-approval 93 Canton - division in Commons 2-maintenance of buildings and facilities cantonal 76-Member of the Swiss Confederation, 1 Catholic - parish v. parishes-religion v. Church and State Chancellor of State 69 hunting, monopoly 38 capital and seat of the cantonal authorities 2 citizen - civic duty - 22 right of city communal 16, 98 - right of city cantonal - grant the right to cantonal to foreigners - 70 city grant freedom of the city canton to Swiss citizens-76 conditions and procedure 16-parole 76 - petition - 21 vote 15 , 20 eligibility 20, 46-property and stay 17-active citizenship-20 queries v. Initiative trade - encouragement-35 freedom of trade and industry 13 Commissions 51, 69 Communes - General 82-90, 45 - 56 - authorities v. Genres of the Commons-division of the territory 2 - freedom of the city 16, 98-90 genera - town of district 95 - municipal town 96 - 100 - political commune 91 - 94 - 101-106 parish - local ordinances , approved 89-communal services 44-monitoring by the Council of State 89, 76, 88, 116 civic Commons - General 82-90, 45 - 56 - Assembly of the municipal commune - votes and elections 47, 120 - grant citizenship to foreigners 98 - composition and tasks-96 bourgeoisial Council, skill 99-incorporation-100 44 municipalities of district municipal services - General 82-90, 95, 45 - 56 - votes and elections 47 , 120 benefits communal 44 Commons policy - general 82-90, 45 - 56 - 92 - votes and elections 47 Municipal Assembly, 120-skills-93 notice 92-date, place and the agenda items 92 - composition and tasks-91 Municipal Council, jurisdiction 94-communal benefits 44 Communication, encouragement 35 account - account of the town - approved by the Municipal Assembly 93-93 audit commission - State - General 41-approval by the Grand Council 70 - cantonal management and Auditors 69 Committee

Cantonal concessions 76 Conciliation Authority v. courts Concordats 70 Confederation - exercise of the rights recognized in the canton against the - 70 Confiscation 12 conflicts of competence 70 Council of arbitration v. courts. Tribunal cantonal Council of States - General v. authorities-election of State 57 - introduction - 74 budget, project - 40 Commons - use 88, 116-89 surveillance, 109 - jurisdiction of spending 76 - skills and tasks - governmental responsibilities 76-orders-75 distribution of 74 departments jurisdiction - composition-74 departments 74-elections - Election of officers 57, 119-eligibility-46 45 incompatibility - function public - administrative year 52 - time functions-48 oath and promise 55 - Grand Council - notice 68 b - participation on the 67-vote and right of 67 proposals-incompatibility (for the person) 51, 119 - incompatibility with other public functions 45, 50 - number of members 74-participation in the conclusion of a concordat with the bishopric 7-responsibility-54 separation of powers - 45 oath and promise 55-seat 2 Constitution-constituent assembly execution interpretation review v. review-vote to the polls v. votes contracts - concordats 70 Corporations - General 107 - 109 - monitoring by the Council of State 76-70-76-112 , 109 Court supreme courts convents 6 Culture v.-encouragement of cultural activities-30 historical monuments-31 protection of cultural assets 31 curiosities natural, conservation 31 deadline for appeals against decisions of the communal authorities democratic 116, free State and - 1 departments 74 expenditures - competence of the Council bourgeoisial 94, 99-jurisdiction of the Municipal Council 94-competence of the Council of State 76 - competence of the Grand Council 70 - 58 financial referendum 59, 61 civic duty of citizens 22 transitional provisions 114-122 home inviolability 13 cantonal 16, 70, 76 right to citizenship of v. Initiative proposals. Council of State vote v. voting right to dwelling - inviolability of the home 13-search 12 right of initiative of the cantons v. Initiative rights of citizens - political rights - freedom of the city - 16 right of initiative 61 - right of petition - 21 right to vote 15, 20-eligibility 20, 46-hotel and stay-17 participation in the Municipal Assembly 92-active citizenship - 20 holders of political rights 15 - freedom - equality - 11 guaranteed property 14-body integrity 13-inviolability of the person 10-freedom of association and meeting 13-freedom of belief and worship 13-freedom of education 13-freedom of press 13-freedom of establishment-13, 17-freedom to move and inviolability of the home 13-freedom of opinion 13-freedom of trade and industry legal protection 11-13, 12-separation of powers 45, 77 human rights 10-14 rights v. rights of citizens water policies - cantonal concession - 76 police 37-protection-31 use and correction 37 clergymen 105 school - jurisdiction 26 schools branch 27-private instruction-28 primary school 26, 27-religious education-8 types 26-freedom of education 13-29 economy training subsidies-Economic Affairs 35 - 38 - Encouragement 35 Education and teaching 26-30. equality before the law 11 Church and State-General 3 - 9 - independence of churches 5 - corporations - 6 churches 3 - religious education - 8 institutions 6-holidays - 9 foundations 6-freedom of belief and worship-organization of churches - 4 parishes v. parishes - legal personality 3-relationship with the Bishop 7-3 - 20, 46 - no eligibility eligibility - Elections recognition of relatives-51 partners 51, 119a - electoral procedure 47-active citizenship - 20 holders of political rights 15-election - by the Grand Council 69 - by the Council of State 76 - by the people - in the Municipal Assembly 93, 98, 102 - 57 vote - the Grand Council 66 93 - constituent Assembly 112 eligibility - active citizens 20-function 50 employees of the State - election - Assembly of the town burghers 98, 93 - 99 bourgeoisial Council, 94 - the Municipal Assembly 93 - the Municipal Council - 94 the Council of State 76 - the ecclesiastical community / parish - 102 Grand Council 69 - citizens 57 - public service - life features 48-20 eligibility , 46 incompatibilities 45, 50-liability 54-oath and promise 55 borrowing, jurisdiction of the Grand Council 70 Engelberg 2 teaching v. school maintenance of buildings and facilities cantonal 76 establishment - General-17 as a condition of political rights 15-freedom of establishment 13 State - State administration, monitoring agents v. employees-account v. account - Church and State v. Church and State-fortune of township 41-76 , 76 Prosecutor v. courts-plan financial 39ss.-public tasks 24-44 democratic free State 1 reformed evangelical - parishes v. parishes-religion v. Church and State bishopric concordats and agreements legal 7, 70 Execution - the highest executive authority-76 of the constitution, laws and ordinances-76 of the decisions of the municipal authorities, 94, 99-of decisions and orders of the cantonal authorities 76 Expropriation 14 family , 25 wildlife protection and flora, protection 31 woman-rights policies v. rights citizens finance, financial plan - financial referendum 59-39-44 financial plan - budget 40-financial control-39 capacity financial of Commons - 43 count 41-local taxes - common burghers 98 - common policy, 93 tax rates - ward 4, 104 - financial equalisation 43, 101 - communal services 44-financial programs 39-fiscal sovereignty 42 public service - administrative year - 52 duration features 48-20 eligibility , 46 incompatibilities 45, 50, 51, 119 - limitation of the term of office - 16 49 - termination of a load-52 responsibility 54-oath and promise 55 forest - monitoring 37-31 Fortune cantonal 76 Giswil 2 Grace, right conservation-for sentences of freedom 70 Grand Council - General 66 - 72 - approval to the creation and the merger of corporations, Corporations, "Teilsamen" and companies of mountain pastures-107 approval of the Organization of the Evangelical Reformed 4-budget , approval 40, 70-public nature of meetings 56-jurisdiction of spending 70-skills - 70 composition-66 account, review and approval 41, 70-conflict competence 70-constitution - 67 constitution, review 111, 112-notice 68-elections - electoral skills 69-election of officers 93-eligibility incompatibility 45-46, 50-66 electoral procedure - establish budget annual 40, 70 - fix holidays 9 - fix communal benefits 44 - public service - administrative year - 52 duration features 48-limitation of the duration function - 16 49


-oath and promise 55-incompatibility (for the person) 51, 119 - incompatibility with other public functions 45, 50-legislation concerning the exercise of political rights 47 - new general elections 66 - Ordinances - jurisdiction 72 - proportionality 66-ratification of the reports with the bishopric 7-recognition of ecclesiastical corporations, foundations and institutions - 6 use a common referendum financial against decisions on expenses 59-internal regulation on its deliberations 67-responsibility 54-revision of the constitution 111-89 , 112 oath and promise 55-separation of powers 45-seat 2 hospitals and other hospitals - public health 34 taxes v. finance incompatibility with other public functions 45, 50 Incorporation of the borough Commons 100 industry, encouragement 35 Initiative - initiative of the Council of State - convening of the Council of State 68 - initiative of the Grand Council - proposals for the popular votes 70 - popular initiative - in the town - meeting of the Municipal Council 92 - right and form 86 - decision-making - in the canton - 93 outcome 61 form 62 - 63 content - popular motion 61 - number of signatures 61 - admissibility 70 - revision of the constitution Revision - revision of 61 laws v. - right of initiative and referendum - 20 right of initiative of the cantons 58 13 inviolability - home 13-body integrity 13-person body integrity, dignity and freedom of human 10-property 14 days of party 9 judgment, unjustified way 12 natural judge 11 Court - arrest , search and confiscation expropriation-14 independence and monitoring civil court criminal jurisdiction 80-79-77-12, v. courts-criminal procedure - 12 protection legal protection - legal aid free 11 - right to be heard 11-equality-11 natural judge 11 Kerns 2 Landammann 69 Landstatthalter (vice-landammann) 69 previous Legislation 115 Legislature 48 freedom - inviolability of the person-10 individual freedoms 13 freedom of association and meeting 13 freedom of belief and worship 13 - public schools 27-freedoms individual 13 freedom of press 13 freedom to move 13 freedom of opinion 13 locations worthy to be kept 31 laws - definition 60-equality before the law 11-run initiative 61-64-76 - content - 63 of citizens - 61 of the Grand Council 70 - form 62, 64-70 admissibility-interpretation - 70 reserve of the Act 60-58 vote referendum, 59 Lungern 2 houses 34 trades and trade-encouragement 35-freedom of trade and industry 13 h - professional arts and crafts schools trade and agriculture 26 Mines, monopoly public Mininstere 38, v. courts modifiability of the 110 constitution Monuments, maintenance 31 morality, public peace, order, security 24 Nature, nature protection, of the landscape and sites 31 orders - the Grand Council - competence-72 referendum against the - 115 - the Council of State 75 public order, protection 24 parent, reasons of incompatibility 51 parishes - General 82 - 90 - constituency 103-composition 101 - vote 102-federation of parishes 101-fortune-104 tax 104-Catholic parish - creation-117 skill 105 - Evangelist Church reformed - constituency 103-jurisdiction 106-creation 101-101 recognition - communal services 44-quality of Member-102 votes 47, 86, 87, 88, 102, 120 registered partnership, incompatibility 51 landscape, nature protection, of the landscape and sites 31 peasantry and rural land ownership 36 fishing, monopoly 38 search 12 person, inviolability 10 people under guardianship no eligibility 46 Petition - petition-21 duty to answer 21 people right - request v. Initiative. Referendum-public school, teaching, and public education 26, 27-economy of the country 35 - 38 - elections v. election-education and popular culture 30 - motion v. Initiative, referendum - petition v. Petition-public health - 34 vote public v. voting communal benefits 44 welfare 32, 33 Prosecutor v. courts Prosecutor of minors v. courts projects written from scratch v. Initiative proportionality 66 proposal in general terms - initiative-62 review of the constitution-62 in communal matters 86 property , warranty and expropriation 14 Protection of 25 young people Public, public meetings 56 active citizen 20 management reports, review and approve management reports 70 appeals - jurisdiction--76 against the decisions of the municipal authorities 88, 116 - at the canton - Referendum vote--to the polls 58, 59, 113 - referendum financial - against the decisions of the Grand Council 59 - request for a referendum - against the laws and federal decrees 58 - against orders of the Grand Council 115 - in the municipality. decision of the Municipal Assembly 93-87 optional referendum-right to referendum 20 enjoy, monopolies 38 Religion law - ecclesiastical communities - public-3 private law 3 - religious education-8 Church v. Church and State-freedom of belief and worship 13 parcel reshuffles 36 responsibility 54 review of the constitution - initiative v. Initiative-modifiability 110-partial revision-111 total revision-112 vote to the polls 58 , 113 road 37 Sachseln 2 public health 34 Sarnen 2 Science, encouragement of scientific activities 30 sessions, discussions, public character 56 safety - morals, public tranquility, order 24-social security 32 stay 17 salt, monopoly 38 Separation of powers 45, 77 sworn 55 seat of the cantonal authorities 2 Sites Alpine, nature protection, of the landscape and evocative Sites 31 sites of the past 31 companies of mountain pastures 107-109 ground , rational use 35 sovereignty 1 subsidies for training 29 monitoring (surveillance) - the supreme court - on 77 - canton - judicial authorities on education and public education-26 on the forests, the rivers and channels of communication 37 - the Council of State - on the Commons, corporations and institutions autonomous 76, 89, -109 on the administration of the State 76 - of the Grand Council - on the cantonal administration-70 on the administration of justice 70 public tasks 24-44 Teilsamen v. Corporations territory, division 2 holders of political rights 15 public peace, order, security, morality 24 Court cantonal v. courts Court of arbitration v. courts v. courts courts - General 77 - 81 - juvenile court administration of justice, high monitoring 70-public nature of meetings 56-composition of the courts supreme court - like Tribunal administrative 81, 121-supreme court 79-80 in matters of civil and criminal jurisdiction 79-78 , 80 president and vice-president 57, 69-77 judicial authorities monitoring - eligibility 46-eligibility of employees 50-public service - term of office-48 oath and promise-55 administrative year 52-limitation of the term of office - 16 49 - Court 77 - management oversight on the administration of justice 70-incompatibility with other features public 45, 50-51 incompatibility (of the person) , 119 - independence-77 civil court 79-80 criminal court - District Court - Court-supreme supreme court reduced composition - justice - watch 77 - Crown 80 - no eligibility 45, 50-organization and procedure-78 procedure 78-45 attorneys, 69-protection on criminal procedure 12 - management reports, approved 70-liability 54. separation of powers-45, 77-oath and promise-55 monitoring 77-81 Administrative Tribunal , 121 arbitration tribunal 79-69, 80-45 cantonal court juvenile court, 69, 79, 80 - president 57, 79-Vice President 69 - election authority for - Labour Court v. District Court - supreme court 57-Attorney-69 49 69 miners Attorney - Administrative Tribunal-57 cantonal court 57-69 juvenile court guardianship, tasks 32 urn v. votes elderly and infirm, 25 privacy protection 12 votes-adoption and modification of the constitution 58 113 Municipal Assembly 92, 93-98 to the polls 58, 59-procedures for voting and elections 47-active citizenship - 20 holders of political rights 15 State on September 29, 2011

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