Rs 131.223 Constitution Of The Canton Of Schaffhausen, Of June 17, 2002

Original Language Title: RS 131.223 Constitution du canton de Schaffhouse, du 17 juin 2002

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131.223 translation Constitution of the canton of Schaffhausen of 17 June 2002 (State on March 2, 2011) responsible in front of God towards man and nature, the people of the canton of Schaffhausen is given the following Constitution: 1 principles General art. 1 form of the State, sovereignty form of the State, sovereignty of the canton of Schaffhausen is a liberal, democratic and social constitutional State.
It is a State sovereign Member of the Swiss Confederation.

Art. 2 democratic order democratic order the power of the State is based on the people. It is exercised by the electoral body and the authorities.

Art. 3 confederation, other cantons, foreign countries Confederation, other cantons, foreign countries the canton actively participates in the formation of the political will at the federal level.
He accomplishes the tasks delegated to it by the Federal Government in respect of its interests and those of the Commons.
He collaborates with the other cantons and with foreign countries.

Art. 4 common Canton, Canton, common the canton of Schaffhausen is made up of the territory is guaranteed by the Confederation.
It is divided into communes.

Art. 5 right of city to city law regulates the acquisition and loss of citizenship cantonal and city law municipal.

Art. 6 liability, responsibility assignments, homework anyone is responsible for itself.
It bears its share of responsibility to the community and to the environment.
She performed the duties entrusted by the Constitution and the law.

Art. 7 rule of law, good faith rule of law, good faith action of the State must rest on legal foundations, public interest and comply with the principle of proportionality.
Protection against arbitrary action by the State is guaranteed.
The organs of the State and individuals behave according to the rules of good faith.

Art. 8 Division of power Separation of the structure of the State and the exercise of public power authorities are consistent with the principle of the separation of powers.

Art. 9 development sustainable sustainable development the State action must be based on ecological, economic and social development that takes into account the needs of current generations and generations to come.

2 fundamental rights and social goals 2.1 rights fundamental art. 10 dignity human dignity human dignity must be respected and protected. It forms the basis of the whole legal order.

Art. 11 equal beings humans are equal before the law. No one should be discriminated against.
The canton and the common promote equality of women and of humans, especially in the areas of the family, training and work. The man and woman are entitled to equal pay for work of equal value.
The canton and the communes provide measures to eliminate the inequalities affecting disabled people.

Art. 12 freedoms fundamental freedoms fundamental freedoms are guaranteed, including a. freedom personnelleb. the protection of the sector. the right to marriage and the family or to another form of life in commonto. freedom of conscience and croyancee. freedom of opinion and information, freedom of the mediasf. the freedom of teaching, learning and the rechercheg choice. freedom of expression artistiqueh. freedom of Assembly and association, freedom syndicalei. freedom of etablissementj. economic freedom.

The property is guaranteed.

Art. 13 right to assistance in situations of distress right to assistance in situations of distress anyone can master a situation of distress on his own is entitled to necessary help to lead a life consistent with human dignity.

Art. 14 protection of children and Youth Protection children and youth children and youth have the right to be protected and assisted.

Art. 15 right to education right to education children and youth have the right to an education corresponding to their abilities.
For the duration of compulsory education is free in public schools and in schools with a public mandate.

Art. 16 assistance to victims of crime victims of crime people who, as a result of an offence, achieved in their physical, psychological or sexual integrity have the right to receive assistance and, if they know material difficulties as a result of the offence, just compensation.

Art. 17 guarantee of access to justice guarantee of access to a judge in litigation cases, any person has the right to have his case heard by a cantonal judicial authority. Exception procedures for contesting a constitutional provision of a law or of a decision of the great Council, unless federal law requires judicial protection at the cantonal level.


Repealed by referendum of March 7, 2010, with effect from Jan 1. 2011 warranty of the SSA. fed. March 2, 2011 (FF 2011 2737 art. 1 ch. 3, 2010 7239).

Art. 18 due process guarantees of procedure everyone is entitled, in judicial or administrative proceedings, in that its cause is treated fairly and tried within a reasonable time.
People who lack sufficient resources be entitled, unless their case appears devoid of any chance of success, to free legal assistance. They are, in addition, entitled to free legal assistance, insofar as the protection of their rights requires.

Art. 19 right of petition right to petition any person has the right to address petitions to the authorities without suffering injury.
The authorities respond to the petitions within a reasonable time.

Art. 20 realization of fundamental rights fundamental rights fundamental rights must be made on the whole of the legal order.
Anyone who takes a public task is bound to respect fundamental rights and contribute to their realization.

Art. 21 restriction of fundamental rights Restriction of fundamental rights fundamental rights restrictions are eligible only when they are based on a legal basis, that they are justified by an overriding public interest and that they are proportionate to the intended purpose.
Serious restrictions must be registered in the Act itself. Exceptions are cases of serious, imminent danger and cannot be avoided otherwise.

2.2 goals social art. 22 social goals social goals, the canton and the communes are committed, in addition to individual responsibility and private initiative, to what a. everyone has access to safety b. everyone has access to the necessary care to his santec. families, as communities of adults and children, are protected and encourageesd. anyone able to work to support himself or herself by working in equitablese conditions. anyone looking for housing can find for herself and her family, a housing suitable for supportablesf conditions. children and young people, as well as people of working age to receive initial training and training continues for their aptitudesg. children and young people are encouraged to become independent and socially responsible individuals and are supported in their social, cultural and political integration.

The canton and the communes are committed to what any person is insured against the economic consequences of age, disability, illness, accident, unemployment, maternity, on the status of orphan and widowhood.
They are committed to the social goals as part of their constitutional powers and the means available.
No subjective right to State benefits may be deducted directly from social goals.

3 popular rights right to vote article 3.1 23 right to vote right to vote all the major Swiss domiciled in the canton have the right to vote in cantonal and communal area.
For people with the right to vote, the voting and the elections participation is mandatory.
The law regulates the exclusion of the right to vote. It regulates the exceptions to the obligation to participate in the voting and the elections.

3.2 Elections art. 24 election Elections voters elect a. Grand Conseilb. the Council of Etatc. representatives from Schaffhausen to the Council of States and the national Council.

Art. 25 procedure electoral voting Procedure General Council is elected by proportional representation.
The seats among the political groups based on the electoral strength of the latter in the canton.
The cutting of the constituencies under the Grand Council. The seats are distributed between electoral districts proportionally to their population. Each riding at least entitled to a seat.
Other cantonal elections are held by majority voting.

Accepted by popular vote of the 24 Feb. 2008, in force since May 1, 2008. Guarantee of the SSA. fed. Dec 18. 2008 (FF 2009 465 s. 1, ch. 3, 2008 5497).

Art. 26 revocation Revocation thousand voters can propose the full renewal of the Grand Council or the Council of State. The law regulates the procedure.

If the majority of voters vote in favor of the revocation, new elections are organized.
The newly elected authority puts an end to the period of service of the revoked authority.

3.3 initiative popular art. 27 object, object form, by a popular initiative, 1000 voters can ask a. total or partial of the Constitutionb review. adoption, amendment or repeal of a love. the information or the opening of negotiations for the conclusion or amendment of an international treaty or convention intercantonal, when such a treaty or a convention is submitted to the vote of the self-worth. the filing of an initiative of the canton.

The application may be in the form of a proposal in general terms or, unless there is a request for total revision of the Constitution, of a written project.

Art. 28 procedure Procedure the Council of State decision on the outcome of a popular initiative.
The Grand Council to pronounce on the validity of a popular initiative. It will be entirely or partially invalid a. If it violates the superieurb right. If it is inexecutablec. If it does not the shape or the material unity.

The Grand Council decides definitively the shape of the legislative act which will implement an initiative designed in general terms.

Art. 29 treatment treatment the Grand Council submitted popular initiatives to the vote of the people, in her recommendation to accept or reject; It can also oppose them a counter-proposal.
If the Council approves a popular initiative in general terms, it is developing a project along the lines of the initiative.

Art. 30 counter-proposal counter-proposal. the Grand Council can oppose an initiative presented as a draft to a draft in order to realize an initiative designed in general terms a counter-proposal as well.
Voters simultaneously vote on the initiative and the counter-proposal.
They can approve both projects and decide which is the one to which they give their preference if both are accepted.

3.4 motion popular art. 31 motion popular popular Motion 100 voters have the right to submit in writing to the General Council a popular motion accompanied by a development.
The Grand Council addresses a popular motion a motion of one of its members.

3.5 votes popular art. 32 votes popular mandatory mandatory popular votes are obligatorily subject to the vote of the people a. changes in the Constitutionb. international treaties and the Intercantonal agreements which are directly applicable and which derogate from the Constitutionc. the laws which are not subject to a vote popular facultatived. populairese initiatives. the decisions by which the Grand Council stops new unique spending greater than 3 million francs or new spending of more than 500,000 francs repeated annuellementf. Notice that the canton of Schaffhausen address to the Confederation regarding the construction, on the territory of the canton of Schaffhausen or adjacent townships, nuclear or reprocessing of nuclear fuel or waste radioactifsg storage facilities. Notice that the canton of Schaffhausen addressing the Confederation regarding integration new roads in the nationalesh road network. other decisions of the General Council, when the prevoiti law. the decisions that the Council wishes to submit himself to a vote of the people.

Art. 33 optional popular votes popular votes optional voters may request are submitted to the vote of the people. the laws that have been approved by four-fifths of the members of the Grand Council present the voteb at least. international treaties and directly applicable intercantonal treaties that have the character of a love. the budget, when the tax rate is modified. the decisions by which the Grand Council stops new unique spending above 1 million francs or new spending of more than CHF 100,000 repeated annuellemente. the policy decisions of the Grand Conseilf. other decisions of the General Council, when the law so provides.

The referendum is considered successful when, within a period of 90 days of the official publication of the order, 1000 voters require the vote of the people. In the case referred to in para. 1, let. c, the time period is 30 days.

Art. 34 emergency clause emergency Clause laws whose implementation doesn't suffer any delay can come into effect immediately when two thirds of the members of the Grand Council who take part in the vote so decide.
When a referendum is necessary or that the referendum is requested, such a law ceases to have effect one year after its adoption by the Grand Council if it was not accepted by the people in this period.

Art. 35 votes on projects partial or variants votes on projects partial or on variations in place or in addition to a global project, the Grand Council may decide to submit to the vote of the people only a part of a project or variants.
When, for a project subject to an optional referendum, the referendum is not required, the options lapse.

3.6 rights of participation art. 36 consultations Consultations any person has the right to give his opinion as part of consultations on cantonal plans relating to the Constitution or a law, as well as on other cantonal projects of general importance.

Art. 37 political parties political parties political parties contribute to the formation of opinion and the will of the voters.

4 authorities 4.1 principles art. 38 rule of law rule of law anyone who takes a public task is bound by the Constitution, the top right and prescriptions issued on their basis.
The Grand Council, the Council of State and judicial authorities do not apply the cantonal laws that violate the top right.

Art. 39 principles governing the activity of the organs of the State principles governing the activity of the organs of the State organs of the State carry out their tasks taking into account the needs of the citizens, effectively and cheaply.
When, on an object, several authorities are competent at the same time, they work together and coordinate their activities.

Art. 40 eligibility eligibility all Swiss citizens having the right to vote in the canton are eligible in the Grand Council, the Council of State and the Council of States.
All major Swiss citizens are eligible to the supreme court and the cantonal court. They must be domiciled in the canton of Schaffhausen from their entry into function.
The law regulates the conditions of eligibility of other members of the authorities and the conditions of appointment of the staff of the cantonal administration and judicial authorities. It may provide additional requirements for the judicial authorities.

Adopted by popular vote March 7, 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. March 2, 2011 (FF 2011 2737 art. 1 ch. 3, 2010 7239).
Adopted by popular vote March 7, 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. March 2, 2011 (FF 2011 2737 art. 1 ch. 3, 2010 7239).

Art. 41 duration of service term of office the members of the Grand Council, the Council of State, judicial authorities and the municipal authorities are elected for four years. They continue to exercise their functions until the installation of the new bodies.

Art. 42 incompatibilities incompatibilities of functions draw functions can simultaneously be part a. of the Grand Council, the Council of State and an authority judicial cantonaleb. of the State Council, the national Council and the Council of the Etatsc. the Council of State and a local authority.

Members of the cantonal administration may not be members of a judicial authority. Members of the cantonal administration which are directly subordinate to the State Council or one of its members can either sit on the Grand Council.
The law may provide other incompatibilities for some authorities.

Art. Personal 43incompatibilites personal incompatibilities can belong simultaneously to the same authority, the Grand Council, the municipal legislative and constituent Assembly excepted, spouses, registered partners, domestic partners, parents and children, brothers and sisters.

Accepted by popular vote on Sept. 24. 2006, in force since Jan. 1. 2007. guarantee of the SSA. fed. March 6, 2008 (FF 2008 2273 s. 1, ch. 5, 2007 7197).

Art. 44 commitment to respect the Constitution and the law commitment to respect the Constitution and the law before their entry into function, the members of the authorities commit to respect the Constitution and the law.

Art. Recusal recusal 45 members of the authorities, the cantonal administration and judicial authorities must recuse himself for the duration of the procedure when are dealt with Affairs that directly affect them.
In proceedings of appeal before administrative authorities, the Director of proceedings cannot be entrusted to the lower courts.
The law may establish other grounds for recusal.

Art. 46 service service reports reports

The law regulates the reports of service of the members of the authorities and employees of the cantonal administration.
The members of the Council of State and those of the authorities elected by the Grand Council may, if they are clearly unable to assume their burden, be removed from office by two thirds of the members of the Grand Council of taking part in the vote.

Art. 47 advertising, advertising information, information the legislative acts must be published and brought together in a collection of law.
The debates of the Grand Council and the courts are public. The law determines the exceptions.
Authorities inform the public of their activity and provide, upon request, access to administrative documents, insofar as no overriding public interest or private objects.
The authorities guarantee the information of future generations by documenting their activity in a proper way and by archiving their documents.

Art. 48 responsibility the canton, municipalities and the public bodies are responsible for damage that their bodies were illegally in the exercise of their official activities.
Also, they respond within the limits set by the law, damages caused by their bodies without breaking the law.
The law regulates the liability of members of authorities and employees of the cantonal administration with respect to the canton and other agencies of public tasks.

4.2 delegation of tasks art. 49 delegation of tasks between authorities Delegation of tasks between the authorities legislative and electoral body financial skills can be delegated to the Grand Council or the Council of State provided that the delegation should be limited to a specific area and is provided for by a law that fixed the frame. The direct delegation of powers to other authorities is excluded.
The skills of the Grand Council can be delegated to the Council of State under the same conditions.
The Grand Council may adapt the financial skills that the Constitution grants the authorities depending on currency fluctuations.
The law may delegate some jurisdictional powers to an administrative authority.

Art. 50 the legislative standards of legislative degree degree standards all important rules of law must be enacted into law. Part of the provisions for which the Constitution expressly provided the form of the Act, and the provisions fundamental issues a. populairesb rights. to the restriction of rights constitutionnelsc. rights and obligations of the outdrinking. on the subject of taxes, to the calculation of the amount and quality of contribuablee. the tasks and benefits of the cantonf. the Organization and the procedure of the authorities.

Art. 51 call to call individuals to individuals the Act may, instead of allow State regulation, authorize private agreements. It defines the objectives which must necessarily be achieved.
Control and surveillance measures may be entrusted to private individuals. The delegation of decision-making powers and other tasks requires a legal basis.
Monitoring and legal protection requirements apply by analogy to individuals performing public tasks. In case of damage, the community or the institution that gave the mandate liability subsidiary.

4.3 grand Council art. 52 status, membership status, composition made up of 60 members, the Grand Council exercises the supreme power, subject to popular rights.
It is the legislative authority and exercises supervision on the cantonal bodies of the State.
Important administrative decisions can be delegated to him by the Constitution and by law.

Accepted by popular vote of August 29, 2004, in force since Jan. 1. 2009 warranty of the SSA. fed. of 6 October. 2005 (FF 2005 5625 s. 1, ch. 4 2715).

Art. 53 legislation Legislation the Grand Council enacts the cantonal laws, subject to popular rights.
It may issue by way of Decree enforcement provisions insofar as the Constitution or the law authorizes expressly. The decrees are not subject to the vote of the people.
It prepares the documents for the popular votes.
It approves or denounces international treaties or intercantonal agreements, when this skill does not exclusively belong to the Council of State.

Art. 54 planning planning the Grand Council addresses government program, the financial plan, the master plan of activities having effects on the Organization of the territory as well as other basic plans.
When the Act does not grant a right of modification or approval, the Grand Council can take a position on the schedules in an own statement.

Art. 55 monitoring, effectiveness monitoring, assessment of the effectiveness the Grand Council supervises high on the Council of State, on the administration, other agencies of public tasks and on the judicial authorities. The law determines the rights of information and investigative skills that are necessary for the exercise of supervision.
The Grand Board reviews and approves reports of the Council of State management, the supreme court and the Council of the judiciary.
It may provide an independent assessment on the effectiveness of the cantonal measures.

Adopted by popular vote March 7, 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. March 2, 2011 (FF 2011 2737 art. 1 ch. 3, 2010 7239).

Art. 56 financial skills financial skills. the Grand Council a. stop the budgetb. approves the accounts of the cantonc. fixed taxes and cantonal taxes within the legalesd requirements. stop spending falling outside the competence of the Council of State, subject to the art. 32 and 33.

Art. 57. other skills and other skills tasks and tasks the Grand Council a. stop objects submitted to the popular vote, with the exception of an application for revocation of the Grand Conseilb. Decides to use the optional with other cantons referendum and the deposit, at the federal level, an initiative of the cantonc. proceeds to the elections including the Constitution and the law of the chargentd. decreed the amnesty and granted the gracee. entitles the city canton, unless the Act delegates this skill to other autoritef. addresses petitions and remedies that are adressesg. Decides granting, modification, renewal and transfer of important concessions.

The law may assign other tasks.

Art. 58 mandates to the Council of State, decisions of principle mandates to the Council of State, policy decisions the Grand Council can assign mandates to the Council of State. Mandates covering an area citizen exclusively to the Council of State have value of guidance.
The Grand Council may adopt policy decisions within its jurisdiction.

Art. 59 status of members of the Grand Council status of members of the Grand Council members of the Grand Council deliberate and vote without instructions.
They express themselves freely in the Parliament may not be prosecuted only in cases provided by law. Requests for waiver of parliamentary immunity must be approved by two thirds of the members of the Grand Council, taking part in the vote.
They can file parliamentary procedures specified in the Act.
They have, from the administration and the courts, and within the framework set by the law, a special right to obtain information and access to documents.
They may form groups. These can benefit from subsidies.

4.4 Board of State art. 60 status, membership status, composition of five members, the Council of State is, subject to the powers of the Grand Council, the highest authority managerial and executive of the canton.
The Council of State decisions in a collegial manner.

Art. 61 incompatibilities incompatibilities the members of the Council of State cannot exercise a gainful private activity. They have no business in a business for profit as a representative of the canton.

Art. 62 status before the Grand Council status before the Grand Council the Council of State has the right to submit proposals to the Council.
Its members generally participate in the sessions of the Grand Council with advisory vote. They enjoy parliamentary immunity in this case.

Art. 63 planning, planning coordination, coordination the Council of State sets the goals of the activity of the State, subject to the powers of the Grand Council.
It establishes, at the beginning of each legislature, a government program and a financial plan. At the end of the legislature, he shall make a report on its management.
It plans and coordinates the activities of the canton.

Art. 64 Directorate of administration administration branch the Council of State organizes the cantonal administration of appropriately under the Constitution and the law.
Each Member of the Council of State is the head of a Department.
The Council of State reports to the Grand Council of administration activity.

Art. 65 legislative skills Legislative Council of State heads in general the preliminary legislative procedure. He submits to the Grand Council of draft constitutional amendments, laws and decrees.

It enacts ordinances that the Constitution or the law allow it to take.
In an emergency, it may issue by way of order provisions which are necessary for the introduction of the top right. These urgent introductory provisions must be replaced without delay by following the ordinary procedure.
The Council of State concludes international treaties and important agreements, subject to the approval of the Grand Council and popular rights. Belong exclusively to the treaties and conventions that fall within its legislative competence, which are of minor importance or that the law allows it to conclude.

Art. 66 financial skills financial skills the State Council manages the assets of the canton.
He keeps the budget and State to the Grand Council.
He stops a. unique new expenditures to a maximum of 100 000 francs and the new annual expenses up to 20 000 francsb. the acts of provision on the lands of the financial assets up to a maximum of one million francs.

It grants loans and contracts the necessary loans.

Art. 67. other skills and other skills tasks and tasks the Council of State a. represents township outside and the interieurb. responsible for maintaining security and order publicsc. prepares the business of the Grand Council, as long as it does not want to treat them seuld. publishes legislative acts cantonauxe. ensures the execution of federal and cantonal legislation, the decisions of the Grand Council and the judgments entered in forcef. supervises, according to law, on the communesg. adopts the positions taken during consultations federalesh. slice the administrative insofar as disputes the Constitution and the law of the prevoienti. executes other tasks entrusted by the Constitution and the law.

Art. 68 extraordinary situations Situations extraordinary the Council of State may, without legal basis, measures to deal with current or imminent severe threatening public order and security as well as to situations of social crisis.
Prescriptions issued in these circumstances must be submitted to the approval of the Grand Council without delay; they are deciduous at the latest one year after their entry into force.

4.5 administration cantonal art. 69 structure, Organization Structure, the cantonal administration organization is divided into departments.
The State Chancellery is the body of staff and coordination of the centre; It ensures the reports with the Grand Council.
The law may provide that cantonal administration tasks are carried out at a regional level, or by special commissions or autonomous organizations.

Art. 70 delegation of decision-making powers Delegation of decision-making powers to the Council of State may delegate its decision-making to other organs skills, if the law allows it. It can, by order, delegate the powers of the departments to subordinate services unless a law not expressly authorizes.
The right of the Council of State to give directions to all administrative bodies remains reserved; in are excepted in particular jurisdictional activities of administrative authorities and activities in pursuit of the Crown.

Adopted by popular vote March 7, 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. March 2, 2011 (FF 2011 2737 art. 1 ch. 3, 2010 7239).

4.6 authorities legal art. 71 task, task status, status the task of the courts and other judicial authorities submitted to them under the surveillance law is the independent law enforcement in the areas of private law, criminal law and the rest of the public law.
The judiciary are independent of other authorities and parties to the conflict, and are subject only to the law and the law.
The supreme Court represents the judicial authorities in their dealings with the Grand Council and the State Council.

Art. 72 organization of courts, law procedure organization of courts, law procedure Act provides a simple and understandable organization of judicial authorities and their procedures.
For some areas, the law may provide specific judicial instances and the use of specialized judges.


Adopted by popular vote March 7, 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. March 2, 2011 (FF 2011 2737 art. 1 ch. 3, 2010 7239).
Repealed by referendum of March 7, 2010, with effect from Jan 1. 2011 warranty of the SSA. fed. March 2, 2011 (FF 2011 2737 art. 1 ch. 3, 2010 7239).

Art. 73 Elections and appointments, Elections and appointments the Grand Council elects the members and alternate members of the courts and other judicial authorities, insofar as the Constitution and the law so provide.
The other members of the judicial authorities and their staff are appointed by the supreme court or the District Court. The supreme court may delegate the appointment of its employees.

Adopted by popular vote March 7, 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. March 2, 2011 (FF 2011 2737 art. 1 ch. 3, 2010 7239).

Art. 74 assistance, Legal Assistance, legal information the right to attend and represent is guaranteed before all the courts of the canton.
The canton can support legal information services private offering their services for free.

Art. 75 repealed by referendum of March 7, 2010, with effect from Jan 1. 2011 warranty of the SSA. fed. March 2, 2011 (FF 2011 2737 art. 1 ch. 3, 2010 7239).

Art. 76 criminal prosecution authorities prosecuting authorities...
Except in cases where the cause must be referred to a tribunal, the law may entrust to the county or municipal administrative authorities repression of contraventions by the fine.
The criminal prosecution authorities whose first function is not judicial can be subject to the supervision of the State Council.

Repealed by referendum of March 7, 2010, with effect from Jan 1. 2011 warranty of the SSA. fed. March 2, 2011 (FF 2011 2737 art. 1 ch. 3, 2010 7239).
Adopted by popular vote March 7, 2010, in force since Jan. 1. 2011 warranty of the SSA. fed. March 2, 2011 (FF 2011 2737 art. 1 ch. 3, 2010 7239).

Art. 77 District Court District Court the District Court hears cases civil or criminal law the charge to deal with in the first instance or permanently.


Repealed by referendum of March 7, 2010, with effect from Jan 1. 2011 warranty of the SSA. fed. March 2, 2011 (FF 2011 2737 art. 1 ch. 3, 2010 7239).

Art. 78 Court supreme supreme court the supreme court hears disputes that law load to deal with in the first instance and shall decide on the appeal in civil and criminal matters.
She decides disputes of public law or administrative law under the Constitution and the law, as well as conflict of jurisdiction between administrative and judicial authorities.
It is the supervisory authority of all courts of the canton and all other judicial authorities Act submitted to its oversight.
If there are no legal provisions or if there is a delegation of powers, the supreme court shall issue orders necessary for the exercise of the judicial activity.

Accepted by popular vote of August 29, 2004, in force since Jan. 1. 2009 warranty of the SSA. fed. of 6 October. 2005 (FF 2005 5625 s. 1, ch. 4 2715).
Accepted by popular vote of August 29, 2004, in force since Jan. 1. 2009 warranty of the SSA. fed. of 6 October. 2005 (FF 2005 5625 s. 1, ch. 4 2715).

5 public tasks 5.1 General art. 79 principles principles in the performance of its tasks, the canton directs its action based on the needs and well-being of all.
The canton is fulfilling a task that a. If private provision is insufficient, forgotten the source. If municipalities are unable to complete this task in a cost-effective way, FM. If the preservation of public interest so requires.

The canton regularly checks that tasks are always necessary, that their funding is possible and that they are executed in a cost-effective way.
The law regulates the Division of work and collaboration between the canton and the communes.

5.2 security and peace public art. 80 security and public peace security and public peace, the canton and the communes ensure public safety and protect the right. They ensure public peace.

5.3 space natural art. 81 environment, nature, environment protection, nature protection the canton and the communes shall protect human beings and the natural environment against harmful or troublesome. They ensure the long-term preservation of the natural foundations of life and the diversity of species.
Public and private activities should interfere as little as possible to nature.
The canton and the communes, encourage the use of environment-friendly technologies.
The costs of environmental protection measures are generally put the responsibility of those who have made it necessary.

Art. 82 the territory planning management

The canton and the communes ensure a rational occupation of the territory of the canton, a wise and measured from the ground use, as well as the protection of the landscape.
They enact requirements construction, protection and planning so that the built-up substance conforms to the needs of citizens and respect the environment.

Art. 83 transport transport the canton and the communes ensure that transportation are safe, responsive and respectful environment for all users of the highway.
They strive to ensure traffic flow control is also respectful of the environment as possible and encourage the use of means of transport environmentally.

Art. 84 water, energy, water removal, energy, eliminating the canton and the communes ensure water supply and take measures to ensure sufficient and environmentally friendly energy supply.
They promote a rational and economical water use and energy. They encourage the use of renewable energy.
They are taking measures to reduce the amount of waste and to encourage recycling and proper disposal. They shall purify wastewater without harming the environment.

5.4 area social art. 85 principle the canton and the communes, in collaboration with public and private institutions, are working to prevent, mitigate or eliminate material or personal distress. They encourage the foresight, personal effort and individual initiative.
They support social integration measures.

Art. 86 work for the canton and the communes are taking measures to combat unemployment and to mitigate the consequences. They support measures of reintegration of jobseekers.
They help young people who complete their schooling to join courses of training leading to a professional activity or to integrate into the world of work.

Art. 87 health the canton and the communes strive to protect and promote the health of the population.
They support the prevention and health education.
They provide to the public a medical and paramedical effective.
The law regulates the rights of patients.

5.5 training art. 88 goals goals education and training are intended to encourage the development of a sense of personal responsibility, the will of social justice and sense of responsibility towards the environment.

Art. 89 mandate mandate the canton and the communes ensure that a comprehensive range of training is accessible to all residents in the Township and provide access to courses of higher education.
The canton provides training subsidies.

Art. 90 collaboration Collaboration Township, in collaboration with other training providers and neighbouring foreign regions, undertakes to coordinate courses of study in order to facilitate the passage from one to the other.
The canton and the communes work in partnership with parents for the education and training of children.
The canton and the communes, to complete their own offer of training, can collaborate with private training providers.

5.6 culture, heritage and recreation art. 91 culture, Culture heritage protection, protection of heritage the canton and the common a. encourage contemporary cultural creation and maintenance of the traditionsb. retain and maintain cultural properties, monuments and attractions of protectionc. facilitate access to life culturelled. encourage the cultural relations between the different communities that make up the population, between the cantons and with the stranger. support cultural institutions.

Art. 92 leisure leisure activities the canton and the communes Organization encourage the judicious development of leisure and especially support the work for youth and sport.

5.7 economy art. 93 principle the canton and the communes are creating conditions for a successful economy.

Art. 94 Kantonalbank canton cantonal bank can, in the interest of the regional economy, managing a bank or participate in the management of a bank.

Art. 95 rights sovereign sovereign rights the canton has sovereign rights that the law holds.
He may grant to municipalities or individuals operating rights.

6 plan of finance art. 96 General information General information the canton and the communes manage the finances of a thrifty, efficient and adapted to the situation and the tasks of the State.
The canton establishes a task planning and finance comprehensive and coordinated.
Before you take on new tasks, the canton examines how they can be financed.

Art. 97 warranty for the balance of the warranty for the balance of the cantonal finance finance finance must be balanced in the medium term. Deficits must be met within five years.
If the deficit of the canton exceeds 5% of revenue on behalf of current state, the Council of State and the Council take steps to ensure the balance of cantonal finance.

Art. 98 financial resources financial resources the canton draws its resources including a. the collection of taxes and other taxesb. Returns of his patrimoinec. benefits of the Federal Government and country. the conclusion of loans and borrowings.

Art. 99 principles of taxation principles of taxation, the tax system is developed based on the principles of universality and equality before the law and takes into account the economic ability of taxpayers.
Taxes are calculated so that the total load on taxpayers is bearable on social principles, that she strike too heavily the finances of companies, it does not affect the will of the individual to exercise a lucrative activity and saving and that it encourages the personal pension.

Art. 100 financial adjustment financial equalization through a financial equalization, the Township encourages municipalities to develop their ability financial and made sure to balance the tax burden.
The law regulates the financial equalization. The canton contributes financially.

Art. 101 financial control financial control of the finances of the canton control is provided by an independent body acting on behalf of the Council of State and the Grand Council.
The control of finance officer is elected by the Grand Council on the proposal of the Council of State.

7 art. 102 General information General Information Commons are autonomous public authorities.
They assume all public tasks not National Confederation and the canton.
The principles set out in art. 38 to 48 apply also to bodies of Commons, unless they concern only the cantonal authorities.
The law may establish minimum requirements that municipalities are required to meet in the performance of their duties.

Art. 103 municipal constitution municipal Constitution within the higher law, municipalities regulate their organization in a municipal constitution.
A municipal constitution acquires force of law after it is approved by the State Council.

Art. 104 existence, modification of the territory Existence, modification of the territory any merger or division of municipalities, or any transfer of territory from one commune to another, requires the agreement of the municipalities concerned and the approval of the Grand Council.
The canton can encourage voluntary mergers of municipalities.

Art. Communal autonomy 105 local autonomy within the limits of the Constitution and the law, municipalities are empowered to set themselves their organization, to elect their authorities to carry out their tasks at their own discretion, to levy the necessary taxes and to manage their affairs independently.

Art. 106 cooperation intercommunal inter-communal Cooperation the Township encourages cooperation between communes. He may take part in this cooperation. It supports the interests of the Commons outside the borders of the canton.
Municipalities may form unions of municipalities or choose other forms of organization defined by the law in order to assume all tasks.
The law determines the necessary content of the statutes of the intermunicipal organizations. The participation rights of the electorate and of the authorities of the municipalities that are members of an intercommunal organization must be backed up.
When a task cannot be performed by other means, the Council of State may require two or more to cooperate.

Art. 107 collaboration with the canton together with the canton Township and Commons may agree to transfer between them of certain administrative tasks for execution against payment.
The canton may partner with communities to manage an administrative unit or a company and provide common management or supervisory bodies. The legislative authorities and voters rights reserved.
In case of dispute, it is the supreme court that slice.

8 churches and religious art. 108 recognition of public recognition of public law the Evangelical Reformed Church, the Roman Catholic Church and the Christian Catholic Church are recognized as corporations under public law, with legal personality.

The Grand Council can recognize other religious as communities being under public law. The conditions and the effects of the recognition of public law described in art. 109 to 113 shall apply by analogy.

Art. 109 autonomy autonomy recognized churches organize themselves according to the principles of democracy and the rule of law.
They are developing organization's bylaws which must be approved by the State Council.

Art. 110 belonging belonging to a recognized church membership is governed by the statutes thereof.
It is always possible to leave a church in a written statement.

Art. 111 parishes parishes recognized churches can organize into parishes, which have legal personality.
In their organization's bylaws, they regulate the parishes and monitoring their finances, as well as the election of their clergymen.

Art. 112 church tax, church tax finance, finance churches recognized can collect a church tax from their members.
The tax liability is governed by cantonal tax legislation, in view of the tax base in force.
The law regulates the benefits of the canton to the recognized churches.

Art. 113 legal protection Protection legal recognized churches shall ensure sufficient legal protection to their members and congregations.
Decisions of the Supreme ecclesiastical bodies of legal protection may be challenged before the supreme court.

9 the constitutional review cantonal art. 114 principle principle Constitution may at any time be revised partly or totally.
The constitutional revisions take place according to the procedure applicable to the laws insofar as the Constitution does not provide otherwise.

Art. 115 partial revision partial Revision partial revision is to amend a constitutional provision or several constitutional provisions intrinsically related.

Art. 116 total overhaul total overhaul the electoral body decides to total revision procedure opening. It also decides if the revision will be prepared by a constituent Assembly or by the Grand Council.
The terms of the election and dismissal of the constituent Assembly are the same as for the election and dismissal of the Grand Council. Incompatibilities and tenure provisions do not apply. The constituent Assembly shall adopt its own rules.
If the draft constitution is not accepted, the Council shall review prepares a second of it. If the second project is rejected by the electorate, the decree ordering the revision lapse.

10 transitional provisions and final art. 117 coming into force coming into force the present Constitution comes into force on a day fixed by the Grand Council.
On that date, the Constitution of the canton of Schaffhausen from March 24, 1876 is repealed.

Art. 118 repeal of the law in force repeal of the law in force the provisions of the law in force that are contrary to this Constitution are repealed.

Art. 119 provisional continuation of current law provisional continuation of current law the normative acts issued by an authority that is more competent or under a procedure which is no longer permitted provisionally remain in force.
The review of these actions will be in accordance with this Constitution.

Art. 120 enactment of the new law, enactment of the new law, the new law required by this Constitution and changes in the current law must be adopted without delay.
The Grand Council adopts a legislative programme.

Art. 121 authorities, officials authorities, at the entry into force of this Constitution, the members of the authorities and those of the cantonal administration and the courts remain in office according to the provisions of the current law until the end of the current service period.
The provisions of this Constitution shall apply to the new elections and by-elections.

Art. 122 rights popular popular rights the old law continues to apply to popular initiatives filed before the entry into force of the present Constitution, as well as applications for referendum on projects adopted before that date.
Any popular initiative requesting the review part of the old Constitution and filed before the adoption of this Constitution will be transformed by the Grand Council in draft partial revision of the present Constitution.

Art. 123 Publication the Constitution is published in the official journal and integrated in the collection of the cantonal laws.

Index of contents numbers refer to the articles and divisions of articles of the legislative acts - run 67-publication 67 - cantonal constitution, in General 69, 70-jurisdictional 49-delegation of decisions to the Grand Council 52 - direction by the Council of State 64 - officials - 121 surveillance 55, 59-incompatibilities of the parents and partners-42 disputes of law or legal administrative 67 , 78 staff 40 Age - age of work-22 as a condition of voting 23-economic consequences of age 22 assistance to victims of offences 16 Amnesty jurisdiction of the Grand Council 57 Assistance right of children and young people to be protected and assisted 14 Association, freedom of Assembly and Association, freedom of Association 12 authorities - administrative authorities, 70, 76-law enforcement federal judicial authorities 38-67-76 , 71 - 78 - collaboration - 39 common 102, 105, 106-delegation of tasks 49 - 51 - term of office 41, 121-40 elections, 73, 121-commitment to the Constitution and the law 44 - surveillance-55 information 47-organization and procedure - 50 petitions - 19 power of the State 2 - principles 39-service 46-challenge 45-48 Bank responsibility reports cantonal v. Canton real estate financial heritage 66 good faith 7 Budget-order by the Council of State 66 - stopped by the Grand Council 56 optional referendum 33 22 Canton social goals-cantonal bank 94 - citizens cantonal v. citizens - Tribunal cantonal courts citizens v.-needs of citizens - 39 city 5 - cantonal citizenship, granting 57 Commons - General 102 - 107 - municipal autonomy 105-the Commons authorities - administrative authorities 76 - duration function 41-42, 43 - goal incompatibilities, commitment for 22-competence in General 79-municipal constitution - 103 right of communal city 5 - right to vote 23-equality of women and the man 11-111 parishes, 113-fiscal equalization 100-financial framework-96 the interests 3-responsibility-48 monitoring on 67-80-87, 89-93 public tasks, 95-4 accounts v. Budget Confederacy cantonal territory-accomplishment of tasks delegated 3-view of canton to address 32-collaboration - 3 competence 102-federal consultations - 67 right federal 17-execution of the federal legislation - 67 training of the political will to the level federal 3-benefits of the Confederation 98 Council of States-elections 24, 25-eligibility-40 incompatibilities 42 Council of State - General 60 - 68 - culmination of a popular initiative 28-competence at the approval of treaties and conventions 53-delegation of tasks 49, 70-resignation of function - 46 duration function 41-24 elections, 25-eligibility - 40 surveillance-55 incompatibilities 42-legality-38 mandates of the Grand Council 58 - 55-revocation 26-monitoring reports on-law enforcement - 76 103 Commons , 106 churches 109 - instructions to the administrative bodies of the 70 national Council - elections-24 42 cantonal Constitution incompatibilities - constituent Assembly - personal incompatibility 43-General 116 - municipal constitution 103-consultations on projects 36-popular initiative 27-rule of law 38-revision of the cantonal Constitution 114 - 116 - 32 Consultations 36 counter-proposal to an initiative popular vote 29, 30 Court supreme v. courts belief , freedom of conscience and 12 Decisions of the Council of State 60 - the Grand Council 32, 33, 58, 67 decrees of Grand Council 53, 65 Government departments 69, 70 sustainable development 9 human dignity 10 voting - general 23-voters - counter-proposal - 30 equity 37-elections 24-eligibility-40 exercise of the power of the State 2 - popular initiative 27-popular motion 31-participation in the 106 town , 107 total revision of the Constitution 116 - revocation 26-optional popular votes 33-mandatory popular votes 32 rights - fundamental rights - helping victims of crime 16-communal autonomy 105-human dignity-10 right to marriage and family - 12 right to training - 15 right of petition - 19 right to assistance in situations of distress 13-equality - 11 guaranteed access to justice 17 - guaranteed property 12 - guarantees of procedure 18 - right to be assisted and represent 74 - freedom of conscience and belief 12

-freedom of teaching, learning and research 12-freedom of artistic expression 12-freedom of establishment-12 liberty of opinion and information, freedom of the media 12-freedom of Assembly and Association, freedom of Association 12-economic freedom 12-personal liberty 12-protection of the private sphere 12-protection of children and young people 14-realization of fundamental rights 20-restriction of fundamental rights 21 - popular rights - right to vote - 23 36 participation rights , 37 election - 24 - 25 - revocation 26 - electoral procedure popular initiative 27-30 - popular motion 31-popular votes 32-35 sovereign rights 95 tenure 41 clerics 111 school - general v. training-access to higher education - 89 help for young people who complete their education 86 - right to education 15 economy 93-95 - freedom 12 equal 11 churches 108-113 Elections - electoral districts - 25 vote 23-elections - Grand Council 24 - Council of States and national Council 24-Council of State 24 constituent Assembly 116 - new elections after the revocation-26 by the Grand Council - in general 57-judiciary - 73 responsible for the control of finance 101 - electoral procedure - 25-vote 25-proportional 25 eligibility 40 loans - competence of the Council of State 66 - 98 children conclusion - right to education 15-protection of children and young people 14 teaching in public schools 15-12 establishing freedom , freedom of 12 State-action / activity of the State-goals-63 sustainable development 9 - planning, coordination 63-principles 39-81 environmental protection-State 69 - State Chancellery of law 7, 109-form of the State 1 - disputes of law or law administrative 78-Crown - 70 objectives 51-39 bodies, 52 - power to the State 2, 8-benefits of the State 22 - structure 8 performance - more high authority 60 finance - competence of the Grand Council 56 - competence of the Council of State 66 - financial skills - adaptations-49 49 delegation-Equalization Financial 100-financial referendum 32, 33 function - term of office - constituent Assembly 116-General points 26, 41 - incompatibilities 42 officials 121 training 88-90 Grace jurisdiction of the Grand Council 57 Grand Council-General 52 - 59 - competence in the revisions of the Constitution 116, 117-election of judges-73 immunity members 59, 62-initiative of the canton 57-optional referendum of the townships 57 seats 25-revocation by the people-26 meetings of the Council of State Advisory 62 parliamentary immunity 59, 62 tax-charge 100 tax-tax-33 fixing coefficient of taxes 56-tax clergyman 112-collection of taxes 98-principles of taxation 99 incompatibility-assembled constituent 116-Council of State 61 - personal incompatibility 43. incompatibilities of functions 42 crime - help for victims of crime 16-criminal proceedings 76 Initiative - the Grand Council - initiative of the canton 57 - initiative-individual and effort staff 85-popular initiative - in general 27-30 , 122 counter-proposal 29, 30-popular initiative requesting the amendment of a law-27 revocation of the Assembly constituent 116-revocation of the Council of State 26 - revocation of the Grand Council 26 - review of the Constitution 27 - vote of the people 32 - private initiative 22 judges - General v. courts-specialised judges Court v. 72 also courts-judicial assistance free 18-judiciary - General 71 - 78 - term of office 41-eligibility-40 incompatibilities 42-law 38-challenge 45 freedom (s) v. rights law litigation civil 77 78 laws - legal basis-21 emergency clause 34-consultations on projects-36 equal 11-popular initiative requesting the amendment of a law 27-legality Law 53-38, 65-50-36 legislation procedure legislative degree standards, 65, 114-procedure legislative preliminary 65-popular vote 32: 33 Opinion, freedom of 12 parent personal incompatibilities 43 partners-personal incompatibilities 43 Petitions - right of petition-19 treatment 57 people - delegation of tasks between the authorities 49 - popular rights 23-37 , 50, 52, 53, 65, 122-regional economy 94-elections-24 exercise of the power of the State 2 - popular initiative 27-30, 32, 122-popular motion 31-cultural relations between the different communities 91-popular vote 27, 29, 32-35, 53, 57 Population-distribution between electoral districts-25 health 87 prosecution 17, 71, 76-78 powers, separation 8 property, guaranteed 12 advertising - legislative acts-47 of the debates of the Grand Council and the courts-47 information management report 47 - management reports Referendum 55 - optional 33 - mandatory 32-financial referendum 32, 33 Religion-v. churches-religious communities responsibility of the State and the authorities 48 108 meeting, freedom of Assembly and Association, freedom of Association 12 Revision of the cantonal Constitution - General popular initiative 27-114, 122-partial review-115 total revision 116 health 22, 87 vote 25 proportional of the Grand Council 25 Situation of distress , right to assistance 13 1 Sphere sovereignty private, 12 Swiss protection / Switzerland citizenship as a condition of the / the - right to vote 23-eligibility 40 monitoring (surveillance)-supreme court-78 of the churches 111 - courts-71 of the Grand Council 52-55 of the Council of State 67, joint bodies monitoring 107 Taxes - Commons 105-fixing of fees-56 form of law 50-collection of taxes 98 courts - General 71-78-76 , 121 supreme court - general 78 - dispute between canton and commune - 107 legal protection to the 113 churches - debates - 47 right procedure 72-election of judges 73-eligibility - 40 guaranteed access to the judge - 17 guarantees of procedure 18 - high monitoring 55, 59-organization of the Court 72-Tribunal cantonal 73, 77 victims of crime, help 16 voting popular v. people / voting popular State March 2, 2011

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