Key Benefits:
Translation 1
On 17 June 2002 (State on 2 March 2011) 2
State form, sovereignty
1 The canton of Schaffhausen is a state of liberal, democratic and social law.
2 It is a sovereign state member of the Swiss Confederation.
Democratic Order
The power of the state rests on the people. It is exercised by the electorate and by the authorities.
Confederation, other cantons, foreign countries
1 The canton is actively involved in the formation of political will at the federal level.
2 It carries out the tasks delegated to it by the Confederation in respect of its interests and those of the municipalities.
3 It collaborates with other cantons and foreign countries.
Cantonal territory, municipalities
1 The canton of Schaffhausen is made up of the territory guaranteed by the Confederation.
2 It is divided into communes.
Freedom of the City
The law regulates the acquisition and loss of the right of cantonal city and the right of communal city.
Responsibility, duties
1 Everyone is responsible for themselves.
2 It assumes its share of responsibility to the community and to the environment.
3 It carries out its duties under the Constitution and the law.
Rule of law, good faith
1 The action of the State must be based on legal grounds, be in the public interest and be in accordance with the principle of proportionality.
2 Protection against the arbitrary nature of the state is guaranteed.
3 State bodies and individuals behave according to the rules of good faith.
Separation of powers
The structure of the State and the exercise of public authority are in accordance with the principle of the separation of powers.
Sustainable development
State action must focus on ecological, economic and social development that takes account of the needs of present and future generations.
Human Dignity
Human dignity must be respected and protected. It is the basis of the whole legal order.
Equality
1 All human beings are equal before the law. No one shall be discriminated against.
2 The canton and the communes promote the equality of women and men, especially in the fields of family, training and work. Women and men are entitled to equal pay for work of equal value.
3 The canton and the municipalities are planning measures to eliminate inequalities affecting people with disabilities.
Fundamental freedoms
1 Fundamental freedoms are guaranteed, in particular
2 The property is guaranteed.
Right to obtain assistance in distress situations
Any person who cannot master a situation of distress by his or her own means is entitled to the necessary assistance in order to carry out an existence in conformity with human dignity.
Protection of children and young people
Children and young people have the right to be protected and assisted.
Right to school education
1 Children and young people are entitled to school-based training that corresponds to their abilities.
2 For the duration of compulsory schooling, education is free in public schools and in schools with a public mandate.
Assisting victims of crime
Individuals who, as a result of an offence, have been affected by their physical, psychological or sexual integrity have the right to receive assistance and, if they are experiencing material difficulties as a result of the offence, a fair compensation.
Ensuring access to the judge
1 In the event of a dispute, any person has the right to have his case heard by a cantonal judicial authority. Exceptions are the procedures for challenging a constitutional provision or a law, or a decision of the Grand Council, unless the federal law imposes judicial protection at the cantonal level.
1 Repealed in popular vote of 7 March 2010, with effect from 1 Er Jan. 2011. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 3, 2010 7239).
Procedural Guarantees
1 Everyone has the right, in a judicial or administrative proceeding, to have his case treated fairly and tried within a reasonable period of time.
2 Those who do not have sufficient resources are entitled, unless their cause appears to be without any chance of success, to free legal assistance. They also have the right to free assistance from an advocate, as long as the protection of their rights requires it.
Right of petition
1 Everyone has the right to petition the authorities without prejudice.
2 The authorities respond to petitions within a reasonable time.
Realization of fundamental rights
1 Fundamental rights must be achieved throughout the legal system.
2 Anyone who takes on a public task is obliged to respect fundamental rights and to contribute to their achievement.
Restriction of fundamental rights
1 Restrictions on fundamental rights are only permissible where they are based on a legal basis, are justified by overriding public interest and are proportionate to the intended purpose.
2 Serious restrictions must be included in the law itself. The exception is serious, imminent danger, which cannot be avoided in any other way.
Social Goals
1 The canton and the municipalities undertake, in addition to individual responsibility and private initiative, to ensure that
2 The canton and the communes undertake to ensure that everyone is insured against the economic consequences of age, disability, sickness, accident, unemployment, maternity, orphan's condition and widowhood.
3 They commit themselves to social goals within the framework of their constitutional powers and the means available.
4 No subjective right to state benefits can be derived directly from social goals.
Right to vote
1 All major Swiss domiciled in the canton have the right to vote in cantonal and communal matters.
2 For those who have the right to vote, participation in votes and elections is compulsory.
3 The law excludes the right to vote. It regulates exceptions to the obligation to participate in votes and elections.
Elections
Voters elect
Electoral procedure
1 The Grand Council is elected by proportional representation.
2 The seats are divided among the political groupings according to the electoral strength of the latter in the canton. 1
3 The division of electoral districts is the responsibility of the Grand Council. The seats to be filled shall be divided among the electoral districts in proportion to their population. Each constituency is entitled to a minimum of one seat.
4 The other cantonal elections are held by the majority vote.
1 Accepted in popular vote of 24 Feb 2008, in force since 1 Er May 2008. Ass Warranty. Fed. 18 Dec. 2008 ( FF 2009 465 Art. 1, c. 3, 2008 5497).
Revocation
1 A thousand voters may propose the full renewal of the Grand Council or the Council of State. The law regulates the procedure.
2 If the majority of voters vote in favour of revocation, new elections are held.
3 The newly elected authority shall terminate the period of office of the revoked authority.
Object, form
1 Through a popular initiative, 1000 voters can ask for
2 The request may be in the form of a proposal conceived in general terms or, unless it is a request for a complete revision of the Constitution, that of a draft.
Procedure
1 The Council of State decides on the outcome of a popular initiative.
2 The Grand Council decides on the validity of a popular initiative. This will be completely or partially invalidated
3 The Grand Council definitively decides on the form of the legislative act which will implement an initiative designed in general terms.
Processing
1 The Grand Council submitted popular initiatives to the people's vote, recommending that they accept or reject them; they could also oppose a counterproject.
2 If the Grand Council approves a popular initiative designed in general terms, it is developing a project along the lines of the initiative.
Counter-Project
1 The Grand Council may oppose a counterproject both to an initiative presented in the form of a project and to a project that it has developed in order to implement an initiative designed in general terms.
2 Voters vote simultaneously on the initiative and on the counterproject.
3 They can approve both projects and decide which one they prefer if both are accepted.
Required Popular Votations
Must be submitted to the vote of the people
Optional popular votes
1 Voters may ask for the vote of the people
2 The referendum is considered successful when, within 90 days of the official publication of the decree, 1000 voters request the vote of the people. In the case referred to in para. 1, let. C, the period is 30 days.
Emergency Clause
1 Laws whose entry into force does not suffer any delay may enter into force immediately when two-thirds of the members of the Grand Council who take part in the vote so decide.
2 When a popular vote is required or the referendum is requested, such a law ceases to have effect one year after its adoption by the Grand Council if it has not been accepted by the people within that period.
Votations on partial projects or on variants
1 In place or in addition to a global project, the Grand Council may decide to submit to the vote of the people only part of a project or variants.
2 When, for a project subject to an optional popular vote, the referendum is not requested, the alternatives become obsolete.
Consultations
Political parties
Political parties contribute to the formation of opinion and the will of voters.
Principle of legality
1 Whoever assumes a public task is bound by the Constitution, by the higher law and by the requirements laid down on their basis.
2 The Grand Council, the Council of State and the judicial authorities do not apply the cantonal laws which violate the higher law.
Principles governing the activities of State bodies
1 State bodies carry out their tasks, taking into account the needs of citizens, in an efficient and cost-effective manner.
2 When, on an object, several authorities are competent simultaneously, they collaborate and coordinate their activities.
Eligibility
1 All Swiss citizens with the right to vote in the canton are eligible for the Grand Council, the Council of State and the Council of States. 1
2 The law regulates the eligibility conditions of the other members of the authorities and the conditions for appointment of the staff of the cantonal administration and the judicial authorities. It may provide for additional requirements for judicial authorities.
1 Accepted in popular vote of 7 March 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 3, 2010 7239).
2 Accepted in popular vote of 7 March 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 3, 2010 7239).
Function Duration
The members of the Grand Council, the Council of State, the judicial authorities and the municipal authorities are elected for four years. They continue to perform their duties until the new organs are installed.
Function incompatibilities
1 No one can simultaneously be a member
2 Members of the cantonal administration may not be members of a judicial authority. The members of the cantonal administration who are directly subordinate to the Council of State or to one of its members cannot sit in the Grand Council either.
3 The law may provide for other incompatibilities for certain authorities.
Personal Incompatibilities
They may not belong simultaneously to the same authority, the Grand Council, the municipal legislatures and the Constituent Assembly excepted, the spouses, registered partners, concubins, parents and their children, brothers and sisters.
1 Accepted in popular vote of 24 seven. 2006, effective from 1 Er Jan 2007. Ass Warranty. Fed. On 6 March 2008 ( FF 2008 2273 Art. 1, c. 5, 2007 7197).
Commitment to the Constitution and the Law
Before their entry into office, the members of the authorities undertake to respect the Constitution and the law.
Recusal
1 The members of the authorities, the cantonal administration and the judicial authorities must recuse themselves for the whole duration of the proceedings when dealing with cases which concern them directly.
2 In proceedings before the administrative authorities, the management of the proceedings cannot be entrusted to the lower courts.
3 The law may provide for other grounds for recusal.
Service Reports
1 The law regulates the service reports of the members of the authorities and the employees of the cantonal administration.
2 The members of the Council of State and those of the authorities elected by the Grand Council may, if they are manifestly incapable of carrying out their duties, be removed from office by two thirds of the members of the Grand Council taking part in the vote.
Advertising, information
1 Legislative acts must be published and brought together in a collection of laws.
2 The debates of the Grand Council and the courts are public. The law determines the exceptions.
3 The authorities shall inform the public of their activity and shall ensure, upon request, access to administrative documents, to the extent that there is no overriding public or private interest therein.
4 The authorities guarantee the information of future generations by documenting their activity adequately and by archiving their documents.
Liability
1 The canton, the municipalities and the bodies of public law respond to the damage that their organs have caused unlawfully in the course of their official activities.
2 They also respond, within the limits set by law, to damage caused by their organs without breaking the law.
3 The law regulates the responsibility of the members of the authorities and employees of the cantonal administration vis-à-vis the canton and the other bodies responsible for public tasks.
Delegation of tasks between authorities
1 The legislative and financial powers of the electoral body may be delegated to the Grand Council or the Council of State provided that the delegation is limited to a specific area and is provided for by a law which sets the framework. The direct delegation of powers to other authorities is excluded.
2 The powers of the Grand Council may be delegated to the Council of State under the same conditions.
3 The Grand Council can adapt the financial powers that the Constitution grants to the authorities in the light of currency fluctuations.
4 The law may delegate jurisdictional powers to an administrative authority.
Standards of Legislation
All important rules of law must be enacted in the form of a law. They form part of the provisions for which the Constitution expressly provides for the form of the law, as well as the basic provisions relating to
Calling individuals
1 The law may, instead of providing for state regulation, authorise private agreements. It defines the objectives that must necessarily be achieved.
2 Monitoring and surveillance measures can be entrusted to individuals. The delegation of decision-making powers and other enforcement tasks requires a legal basis.
3 The requirements for supervision and legal protection shall apply mutatis mutandis to individuals carrying out public duties. In the event of damage, the community or institution that has given the mandate has a subsidiary responsibility.
Status, composition
1 Composed of 60 members, the Great Council exercises supreme power, subject to popular rights. 1
2 It is the legislative authority and exercises high supervision over the cantonal organs of the state.
3 Important administrative decisions can be delegated to it by the Constitution and by law.
1 Accepted in popular vote of 29 August 2004, in force since 1 Er Jan 2009. Ass guarantee. Fed. On 6 Oct. 2005 ( FF 2005 5625 Art. 1, c. 4 2715).
Legislation
1 The Grand Council enacted the cantonal laws, subject to popular rights.
2 It may enact the implementing provisions by decree to the extent that the Constitution or the law expressly allows it to do so. The decrees are not subject to the people's vote.
3 It prepares documents for popular votes.
4 It approves or denounces international treaties or inter-cantonal conventions, where such jurisdiction does not belong exclusively to the Council of State.
Planning
1 The Grand Council dealt with the government program, the financial plan, the management plan for activities affecting the organization of the territory, and other fundamental plans.
2 Where the law does not grant a right of amendment or approval, the Grand Council may take a position on the schedules in a declaration.
Monitoring, effectiveness evaluation
1 The Grand Council exercises high monitoring on the Council of State, on the administration, on other bodies responsible for public tasks and on judicial authorities. The law determines the information rights and investigative skills necessary for the exercise of high surveillance.
2 The Grand Council shall examine and approve the management reports of the Council of State, the Supreme Court and the Judicial Council. 1
3 It may provide for an independent evaluation of the effectiveness of the cantonal measures.
1 Accepted in popular vote of 7 March 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 3, 2010 7239).
Financial skills
Other skills and tasks
1 The Great Council
2 Other tasks may be assigned by law.
Mandates to the Council of State, policy decisions
1 The Grand Council may assign mandates to the Council of State. The terms of reference for a domain that is a matter exclusively for the Council of State shall have the value of directives.
2 The Grand Council can adopt policy decisions within the framework of its powers.
Status of the members of the Grand Council
1 The members of the Grand Council deliberated and voted without instructions.
2 They are freely expressed in parliament and can only be prosecuted in cases provided for by law. Requests for waiver of parliamentary immunity shall be approved by two-thirds of the members of the Grand Council taking part in the vote.
3 They may deposit the parliamentary interventions specified in the law.
4 They have, with regard to the administration and the courts, and within the framework laid down by law, a particular right to obtain information and consult documents.
5 They can form groups. They can benefit from subsidies.
Status, composition
1 Composed of five members, the Council of State is, subject to the powers of the Grand Council, the highest executive and executive authority of the canton.
2 The Council of State takes its decisions collegially.
Incompatibilities
The members of the Council of State cannot engage in a lucrative private activity. They may only have activities in a for-profit enterprise as a representative of the canton.
Statute before the Grand Council
1 The Council of State has the right to submit proposals to the Grand Council.
2 Its members generally participate in the meetings of the Grand Council with a consultative vote. In this case, they enjoy parliamentary immunity.
Planning, coordination
1 The Council of State shall lay down the aims of the activity of the State, subject to the powers of the Grand Council.
2 It establishes, at the beginning of each Parliament, a government program and a financial plan. At the end of the legislature, it reports on its management.
3 It plans and coordinates the activities of the canton.
Administration Directorate
1 The Council of State organises the cantonal administration in an appropriate manner within the framework of the Constitution and the law.
2 Each member of the Council of State is the head of a department.
3 The Council of State shall report to the Grand Council on the activities of the Administration.
Legislative powers
1 The Council of State generally leads the preliminary legislative procedure. He submitted to the Grand Council draft constitutional amendments, laws and decrees.
2 It lays down the orders which the Constitution or the law entitle it to take.
3 In the event of an emergency, it may make by way of order the provisions which are necessary for the introduction of higher law. These urgent introductory provisions must be replaced without delay following the ordinary procedure.
4 The Council of State concludes international treaties and inter-cantonal conventions, subject to the approval of the Grand Council and popular rights. It is governed exclusively by the Council of State for treaties and conventions which fall within the scope of its legislative powers, which are of minor importance or which the law allows it to conclude.
Financial skills
1 The Council of State manages the assets of the canton.
2 It adopts the budget and the state account for the Grand Council.
3 It Stops
4 It grants loans and contracts the necessary loans.
Other skills and tasks
The Council of State
Special situations
1 The Council of State may, without a legal basis, take measures to prevent serious or imminent serious disturbances threatening public order and security, as well as situations of social crisis.
2 Orders in these circumstances must be submitted without delay to the approval of the Grand Council; they shall lapse no later than one year after their entry into force.
Structure, Organization
1 The cantonal administration is divided into departments.
2 The State Chancellery is the staff body and coordination centre of the Council of Etat; it is responsible for dealing with the Grand Council.
3 The law may provide for certain tasks of the cantonal administration to be carried out at a regional level, or by special commissions or autonomous organisations.
Delegation of decision-making powers
1 The Council of State may delegate its decision-making powers to other bodies, if permitted by law. It may, by way of an order, delegate the powers of departments to subordinate departments without a statute expressly authorizing it.
2 The right of the Council of State to give instructions to all administrative bodies remains reserved, except in particular the judicial activities of the administrative authorities and the prosecution activities of the prosecution service. 1
1 Accepted in popular vote of 7 March 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 3, 2010 7239).
Task, Status
1 The task of the courts and other judicial authorities under the right of supervision is the independent application of law in the areas of private law, criminal law and the rest of public law.
2 The judicial authorities are independent of other authorities and conflicting parties, and are subject only to law and law.
3 The Supreme Court represents the judicial authorities in their dealings with the Grand Council and the Council of State.
Organisation of the courts, right of procedure
1 The law provides for a simple and understandable organisation of judicial authorities and their procedures.
2 In certain areas, the law may provide for specific judicial bodies and the use of specialised judges. 1
1 Accepted in popular vote of 7 March 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 3, 2010 7239).
2 Repealed in popular vote of 7 March 2010, with effect from 1 Er Jan. 2011. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 3, 2010 7239).
Elections and appointments
1 The Grand Council shall elect the members and alternate members of the courts and other judicial authorities, to the extent that the Constitution and the law provide for it.
2 The other members of the judicial authorities and their collaborators are appointed by the Supreme Court or the cantonal court. The Supreme Court may delegate the appointment of its employees. 1
1 Accepted in popular vote of 7 March 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 3, 2010 7239).
Assistance, legal information
1 The right to be assisted and represented is guaranteed in all judicial proceedings in the canton.
2 The canton can support private legal information services offering their services free of charge.
1 Repealed in popular vote of 7 March 2010, with effect from 1 Er Jan. 2011. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 3, 2010 7239).
Criminal prosecution authorities
2 Except in cases where the case is to be referred to a court, the law may entrust the administrative authorities of the canton or municipalities with the punishment of the tickets by the fine. 2
3 Criminal prosecution authorities whose primary function is not judicial may be subject to the supervision of the Council of State.
1 Repealed in popular vote of 7 March 2010, with effect from 1 Er Jan. 2011. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 3, 2010 7239).
2 Accepted in popular vote of 7 March 2010, in force since 1 Er Jan. 2011. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 3, 2010 7239).
Cantonal court
1 The cantonal court is aware of civil or criminal cases which the law has to deal with at first instance or definitively.
1 Repealed in popular vote of 7 March 2010, with effect from 1 Er Jan. 2011. Ass Warranty. Fed. March 2, 2011 ( FF 2011 2737 Art. 1 ch. 3, 2010 7239).
Supreme Court
1 The Supreme Court has cases in which the law is responsible for dealing at first instance and adjudicating civil and criminal proceedings.
2 It determines disputes over public law or administrative law in accordance with the Constitution and the law, as well as conflicts of jurisdiction between administrative and judicial authorities.
3 It is the supervisory authority of all the courts of the canton and of all other judicial authorities that the law subjects to its supervision. 1
4 If there are no legal provisions or there is a delegation of jurisdiction, the Supreme Court shall issue the orders necessary for the exercise of judicial activity. 2
1 Accepted in popular vote of 29 August 2004, in force since 1 Er Jan 2009. Ass guarantee. Fed. On 6 Oct. 2005 ( FF 2005 5625 Art. 1, c. 4 2715).
2 Accepted in popular vote of 29 August 2004, in force since 1 Er Jan 2009. Ass guarantee. Fed. On 6 Oct. 2005 ( FF 2005 5625 Art. 1, c. 4 2715).
Principles
1 In carrying out its tasks, the canton directs its action according to the needs and the well-being of all.
2 The canton is carrying out a task only
3 The canton regularly checks that tasks are still needed, that their funding is possible and that they are carried out economically and efficiently.
4 The law regulates the division of labour and the cooperation between the canton and the municipalities.
Public Security and Peace
The canton and the municipalities ensure public safety and protect the law. They ensure public peace.
Environment, nature conservation
1 The canton and the municipalities ensure that the human being and the natural environment are protected from harmful or ill-suffering. They ensure the long-term preservation of the natural bases of life and species diversity.
2 State and private activities must be as harmful as possible to nature.
3 The canton and the municipalities encourage the use of environmentally friendly technologies.
4 The costs of environmental protection measures are generally borne by those who have made them necessary.
Land use planning
1 The canton and the communes ensure a rational occupation of the territory of the canton, the wise and measured use of the soil, and the protection of the landscape.
2 They shall lay down requirements for construction, protection and development so that the substance built meets the needs of the citizens and respects the environment.
Transport
1 The canton and the municipalities ensure that transport is safe, adapted to the needs and environmentally friendly for all users of the public road.
2 They are working to ensure that the control of traffic flows is as respectful as possible of the environment and encourages the use of means of transport in the environment.
Water, energy, disposal
1 The canton and the municipalities ensure the supply of water and take measures to ensure that the energy supply is sufficient and environmentally friendly.
2 They promote rational and economical use of water and energy. They encourage the use of renewable energy.
3 They are taking action to reduce the amount of waste and encourage recycling and proper disposal. They ensure that wastewater is exhausted without harming the environment.
Principle
1 The canton and the municipalities, in cooperation with public and private institutions, are working to prevent, mitigate or eliminate situations of material or personal distress. They encourage foresight, personal effort and individual initiative.
2 They support social integration measures.
Working
1 The canton and the municipalities are taking measures to combat unemployment and mitigate its consequences. They support measures for the reintegration of jobseekers.
2 They help young people who complete their education to join training courses leading to professional activity or to integrate into the world of work.
Goals
Education and training are intended to encourage the development of the sense of personal responsibility, the will for social justice and the sense of responsibility to the environment.
Mandate
1 The canton and the municipalities shall ensure that a complete offer of training is available to all persons domiciled in the canton and ensure access to the higher education sectors.
2 The canton provides training subsidies.
Collaboration
1 The canton, in cooperation with other training providers and neighbouring foreign regions, is committed to coordinating training courses in order to facilitate the transition from one to the other.
2 The canton and the municipalities work in partnership with parents for the education and training of children.
3 The canton and the municipalities can, in order to supplement their own training offer, collaborate with private training providers.
Culture, heritage protection
The Township and the Municipalities
Leisure Organization
The canton and the municipalities encourage the judicious organisation of leisure activities and, in particular, support work in favour of young people and sport.
Principle
The canton and the communes create the conditions for a successful economy.
Cantonal Bank
The canton may, in the interests of the regional economy, manage a bank or participate in the management of a bank.
General information
1 The canton and the municipalities manage finances in a way that is efficient, efficient and adapted to the conditions and tasks of the state.
2 The canton establishes a complete and coordinated planning of tasks and finances.
3 Before taking on new tasks, the canton examines how they can be financed .
Ensuring the balance of finances
1 Cantonal finances must be balanced in the medium term. Deficits must be filled within five years.
2 If the canton's deficit exceeds 5 % of the revenue of the current state account, the Council of State and the Grand Council take measures to ensure the balance of cantonal finances.
Financial Resources
The canton derives its resources in particular
Taxation Principles
1 The tax system is built on the basis of the principles of universality and equality before the law and takes into account the economic capacity of taxpayers.
2 Taxes are calculated in such a way that the total burden on taxpayers is bearable according to social principles, that it does not strike too heavily the finances of companies, that it does not harm the will of the individual To engage in a gainful occupation and to save and encourage personal foresight.
Fiscal Equalization
1 Thanks to financial equalization, the canton encourages municipalities to develop their financial capacity and ensures that the tax burden is balanced.
2 Fiscal equalization is the rule. The canton contributes financially.
General information
1 The municipalities are autonomous public authorities.
2 They carry out all the public duties of neither the Confederation nor the canton.
3 The principles set out in s. 38 to 48 also apply to the bodies of the communes, unless they concern only the cantonal authorities.
4 The law may lay down the minimum requirements which municipalities are required to comply with in the performance of their tasks.
Communal Constitution
1 Within the limits of the higher law, the communes regulate their organisation in a communal constitution.
2 A communal constitution becomes law when it is approved by the Council of State.
Existence, modification of the territory
1 Any merger or division of municipalities, or any transfer of territory from one municipality to another, requires the agreement of the municipalities concerned and the approval of the Grand Council.
2 The canton can encourage voluntary mergers of municipalities.
Communal Autonomy
Within the limits of the Constitution and the law, the communes are empowered to define their own organisation, to elect their authorities, to carry out their duties according to their own assessment, to charge the necessary fees and to manage Their affairs in complete autonomy.
Intercommunal Cooperation
1 The canton encourages cooperation between municipalities. It can take part in this cooperation. It supports the interests of municipalities outside the canton's borders.
2 The communes may form joint trade unions or choose other forms of organisation defined by law in order to take on certain tasks together.
3 The law determines the necessary content of the statutes of the inter-communal organisations. The rights of participation of the electorate and of the authorities of the municipalities which are members of an inter-communal organisation must be safeguarded.
4 Where a task cannot be carried out by other means, the Council of State may require two or more communes to cooperate.
Collaboration with the canton
1 The canton and the municipalities may agree to the transfer of certain administrative tasks for enforcement against payment.
2 The canton may associate itself with municipalities to manage an administrative unit or enterprise and form joint management or supervisory bodies. The rights of the legislative authorities and the voters remain reserved.
3 In the event of a dispute, the Supreme Court decides.
Recognition of public law
1 The Evangelical Reformed Church, the Roman Catholic Church and the Christian Catholic Church are recognized as legal corporations with legal personality.
2 The Grand Council may recognise other religious communities as being under public law. The conditions and effects of the recognition of public law as described in s. 109 to 113 shall apply mutatis mutandis.
Autonomy
1 Recognized churches organize themselves according to the principles of democracy and the rule of law.
2 They have the status of organisation which must be approved by the Council of State.
Membership
1 Membership in a recognized church is governed by its statutes.
2 It is at all times possible to leave a church by a written declaration.
Paroisses
1 Recognized churches can be organized in parishes, which have legal personality.
2 In their organizational statutes, they regulate the supervision of parishes and their finances, as well as the election of their clergy.
Ecclesiastical tax, finance
1 Recognized churches may levy an ecclesiastical tax from their members.
2 The tax liability is governed by cantonal tax legislation, taking into account the existing tax base.
3 The law regulates the benefits of the canton to recognised churches.
Principle
1 The Constitution may at any time be partially or totally revised.
2 Constitutional revisions shall take place in accordance with the procedure applicable to laws insofar as the Constitution does not otherwise dispose of them.
Partial Review
The partial revision is intended to amend a constitutional provision or several intrinsically linked constitutional provisions.
Total Review
1 The electoral body shall decide on the opening of the total revision procedure. It also decides whether the revision will be prepared by a constituent assembly or by the Grand Council.
2 The terms of the election and the revocation of the Constituent Assembly are the same as for the election and revocation of the Grand Council. The provisions on incompatibilities and length of office do not apply. The Constituent Assembly adopts its own Rules of Procedure.
3 If the draft constitution is not accepted, the revision council prepares a second. If the second project is also rejected by the electoral body, the decree ordering the revision lapses.
Entry into force
1 This Constitution shall enter into force on a date fixed by the Grand Council.
2 On that date, the Constitution of the Township of Schaffhausen of March 24, 1876 was repealed.
Repeal of the law in force
The provisions of the law in force which are contrary to this Constitution shall be repealed.
Provisional maintenance in force of current law
1 Legislative acts enacted by an authority which is no longer competent or in accordance with a procedure which is no longer authorised shall remain in force provisionally.
2 The revision of such acts shall be carried out in accordance with this Constitution.
Ediction of the new right
1 The new right required by this Constitution and the amendments to the present law must be adopted without delay.
2 The Grand Council adopts a legislative programme.
Authorities, Public Servants
1 On the entry into force of this Constitution, the members of the authorities and the members of the cantonal administration and the courts shall remain in office according to the provisions of the current law up to the end of the current period of office.
2 The provisions of this Constitution shall apply to the new elections and to the supplementary elections.
Popular Rights
1 The former right remains applicable to popular initiatives filed before the entry into force of this Constitution, as well as to requests for a referendum on projects adopted before that date.
2 Any popular initiative calling for the partial revision of the old Constitution and tabled before the adoption of this Constitution will be transformed by the Grand Council into a draft partial revision of this Constitution.
Publishing
The Constitution is published in the Official Gazette and is part of the collection of cantonal laws.
Numbers refer to articles and divisions of articles of the Constitution
Legislative acts
Administration
Age
Help Victims of offences 16
Amnesty Jurisdiction of the Grand Council 57 1d
Assistance The right of children and young people to be protected and assisted 14
Association , freedom of assembly and association, freedom of association 12 1h
Authorities
Cantonal Bank V. Canton
Property-funds Of financial assets 66 3b
Good faith 7 3
Budget
Social Goals 22
Canton
Citizens
Commons
Accounts V. Budget
Confederation
Council of States
Council of State
National Council
Cantonal Constitution
Consultations 36
Counter-Project On an initiative 29 2 , 30
Supreme Court V. Courts
Belief , freedom of conscience and 12 1d
Decisions
Orders Of the Grand Council 53 2 , 65 1
Departments Administration 69 1 , 70 1
Sustainable development 9
Human Dignity 10
Right to vote
Permissions
-right to be assisted and represented 74 1
-Elections 24
-electoral procedure 25
-revocation 26
Regal rights 95
Function Duration 41
Ecclesitics 111 2
School
Economy 93-95
Equality 11 1
Churches 108-113
Elections
Eligibility 40
Borrowings
Children
Education
Establishment , freedom of 12 1i
State
Executing
Finance
Function
Officials 121
Training 88-90
Thanks Jurisdiction of the Grand Council 57 1d
Grand Council
Parliamentary immunity 59 2 , 62 2
Taxes
Incompatibility
Offence
Initiative
Judges
Jurisdiction V. Also Courts
Freedom (s) V. Permissions
Civil Law Disputes 77 1 , 78 1
Laws
Opinion , freedom of 12 1st
Parented Personal incompatibilities 43
Partners
Petitions
People
Population
Criminal prosecution 17, 71, 76-78
Powers , separation 8
Property , warranty 12 2
Advertising
Management Report
Referendum
Religion
Liability State and authorities 48
Meeting , freedom of assembly and association, freedom of association 12 1h
Revision Cantonal Constitution
Health 22 1b , 87
Majority Vote 25 4
Proportional Polling Of the Grand Council 25 1
Distress situation , right to get help 13
Sovereignty 1
Private Sphere , protection 12 1b
Swiss/Swiss Right of the city as a condition of the
Monitoring (high monitoring)
Taxes
Tribunals
Victims of offences , help 16
Popular vote V. People/Votation
