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RS 131.221 Constitution of the canton of Solothurn, 8 June 1986

Original Language Title: RS 131.221 Constitution du canton de Soleure, du 8 juin 1986

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131.221

Translation 1

Constitution of canton of Solothurn

June 8, 1986 (Status on March 11, 2015) 2

The people of Solothurn,

Conscious of being responsible to God, the human being, the community and the natural environment, in order to preserve the cultural and regional diversity of the canton and to strengthen it as a sovereign state in the Confederation, to protect the Freedom and the right in the context of a democratic order, to safeguard peace within and to the unity of the people, to encourage the well-being of all, to develop a social order that promotes the development and social security of the human being,

The Constitution reads as follows:

Section 1 General principles

I. General

Art. 1 The Canton as a Member State of Confederation

1 The canton of Solothurn is a sovereign state, a member of the Swiss Confederation.

2 It actively participates in the organization of the Confederation and performs the tasks assigned to it by the Constitution and the law.

Art. 2 Relations with other cantons

1 The canton of Solothurn works with the other cantons and is actively engaged in the search for common solutions.

2 He sees himself as a mediator between the cultural communities of Switzerland.

Art. 3 Relations with the Municipalities

1 The canton recognises the autonomy of municipalities.

2 Legislation gives them wide latitude in their organization.

Art. 4 Democratic fundamental order

Power lies in the whole of the people. It is exercised by active citizens and by the authorities.

Art. 5 Respect for the Constitution and the Law

1 Whoever performs public duties is bound by the Constitution and the law. It acts exclusively in the public interest and respects, in all areas, the principles of equal treatment and proportionality.

2 State bodies and individuals behave towards each other according to the rules of good faith.

II. Fundamental rights

Art. 6 Protection of human dignity

Human dignity is inviolable.

Art. 7 Equality

Men and women are all equal before the law.

Art. 8 Personal freedom and protection of the private sphere

1 Personal liberty is inviolable. Everyone has the right to life, to the integrity of the body and to the spirit and freedom of movement.

2 The private and secret sphere, in particular the protection against the abuse of personal data, the inviolability of the home, and the secrecy of correspondence and telecommunications are guaranteed.

3 Anyone who suffers a severe restriction on his or her personal freedom is entitled, if this restriction is unlawful or unjustified, to damages and compensation for moral damages.

Art. Right to marriage and family

The right to marriage and the family is guaranteed.

Art. 10 Freedom of belief, conscience and worship

Freedom of belief and conscience, as well as freedom of religion, are inviolable.

Art. 11 Freedom of opinion and information

1 Everyone can freely form his or her opinion, express it and spread it by speech, writing, image or in any other way and freely receive the opinions expressed by others.

2 Everyone has the right to use the sources of information accessible to all.

3 Everyone has the right to access official documents. The law defines this right. 1


1 Accepted in popular vote of 2 Dec. 2001, effective 24 Oct 2001. 2002. Ass Warranty. Fed. Of the 237-7. 2002 ( FF 2002 6133 Art. 1 ch. 4, 3304).

Art. 12 Freedom of the media

1 Freedom of the media is guaranteed.

2 Censorship is prohibited.

Art. 13 Freedom of assembly and association

1 Everyone has the right to hold meetings and to join associations; no one can be forced to participate.

2 Meetings and public events may be prohibited or restricted only if public order and security are exposed to a serious and imminent danger.

Art. 14 Freedom of science and art

The freedom of scientific education and research, as well as that of artistic activities, are guaranteed.

Art. 15 Freedom of establishment

Freedom of establishment is guaranteed.

Art. 16 Property Warranty

1 Property and other economic rights are protected.

2 In the case of expropriations or property restrictions similar to expropriation, a full indemnity is payable.

Art. 17 Economic freedom

1 The freedom of economic activity is guaranteed.

2 Everyone can freely choose their profession and their jobs.

3 The canton remains neutral when the social partners adopt legitimate control measures in the conflicts between them.

Art. 18 Procedural Guarantees

1 Everyone has the right to legal protection.

2 The parties have the right to be heard in a proceeding before a court, an authority or an administrative body, and to obtain a reasoned decision within a reasonable time.

3 To the extent provided for by law, proceedings before a court or other authorities shall be free of charge for indigent parties.

Art. 19 Guarantees granted in cases of deprivation of liberty

1 A person may be deprived of his or her liberty only in cases and in accordance with the procedures prescribed by law.

2 Those who are deprived of their freedom of movement must be informed without delay and in a language that they understand the reasons for the measure.

3 Those arrested must be immediately referred to a court designated by law and independent who decides whether to be held as a preventive measure or for security purposes. 1


1 Accepted in popular vote of 16 May 2004, in force since 8 March 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).

Art. Respect for fundamental rights

1 Respect for fundamental rights must be ensured throughout the legal system.

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

3 To the extent that their nature is open to them, fundamental rights oblige individuals to enter each other.

Art. Fundamental rights limit

1 Fundamental rights can be limited only if and to the extent that a preponderant public interest justifies it. They must not be reached in their essence.

2 Any limitation of fundamental rights requires a legal basis. Cases of serious, manifest and imminent danger are reserved.

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

III. Social Goals

Art.

Within the limits of its powers and available resources, and in order to complement the efforts under the responsibility and private initiative, the canton, through its legislation, ensures that:

A.
People who need help because of their age, their state of health, as well as their economic situation, receive the means necessary for their existence;
B.
The role of the family is supported and encouraged;
C.
Each can obtain, at all ages, a training that corresponds to his or her abilities and tastes, and to participate in cultural life;
D.
They can, on reasonable terms, provide for their maintenance by their work and be protected against the consequences of unemployment;
E.
Each can, on reasonable terms, find suitable accommodation.

IV. Personal Assets

Art.

Everyone has to fulfil the duties imposed on him by the legal order.

Section 2 Popular rights

I. Freedom of the City

Art. 24

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

2 Naturalisation must not be made more difficult by disproportionate conditions or burdens.

II. Right to vote

Art. 25

1 The right to vote belongs to any Swiss citizen who is 18 years of age and resident in the canton. 1

2 The right to vote is exercised at home.

3 The law excludes the right to vote.


1 Accepted in popular vote of 2 June 1991, in force since 3 October. 1991. Ass Warranty. Fed. On 3 Oct. 1991 (FF 1991 IV 196 art. 1 ch. 2, III 1113).

III. Right of petition

Art. 26

Everyone has the right to petition and petition the authorities. The competent authority shall give a reasoned reply within a reasonable period of time, but no later than one year.

IV. Public Elections and Revocation

Art. 27 Jurisdiction

The people elect:

A.
In the organs of the Confederation:
1.
Members of the National Council,
2.
Members of the Council of States;
B.
In the organs of the canton:
1.
Members of the Grand Council,
2.
Members of the Council of Etat;
C.
In district or district bodies:
1. 1
District Court Chairs,
2. 2
...
3.
District judges and their alternates,
4. 3
...
5. 4
...
D.
In bodies of municipalities:
1.
The members of the communal council,
2. 5
The mayor.

1 Accepted in popular vote of 16 May 2004, in force since 1 Er Jan 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).
2 Repealed in popular vote of 4 March 2001, with effect from 1 Er August 2001. Ass Warranty. Fed. Of Dec 11. 2001 ( FF 2001 6190 Art. 1 ch. 4, 4659).
3 Repealed in popular vote of 4 March 2001, with effect from 1 Er August 2001. Ass Warranty. Fed. Of Dec 11. 2001 ( FF 2001 6190 Art. 1 ch. 4, 4659).
4 Repealed in popular vote of 4 March 2001, with effect from 1 Er August 2001. Ass Warranty. Fed. Of Dec 11. 2001 ( FF 2001 6190 Art. 1 ch. 4, 4659).
5 Accepted in popular vote of 25. 2005, in force since 1 Er Nov 2005. Ass Warranty. Fed. June 12, 2006 ( FF 2006 5853 Art. 1 ch. 2, 2725).

Art. 28 Right of revocation

1 The people can revoke the Grand Council or the Council of State at any time.

2 The popular vote on the removal of the Grand Council or the Council of State takes place when, within six months, such a proposal has collected 6,000 signatures. The popular vote must be organised no later than two months after the signature of the signatures.

3 When the proposal for revocation is accepted by the people, new elections take place within four months.

V. Popular Interventions (People's Initiative and Mandate) 3

Art. Content and form of the initiative

1 The people have the right to ask, through an initiative:

A.
The Constitution is completely or partially revised;
B.
That a law be enacted, repealed or amended;
C. 1
The Grand Council shall adopt an order; the initiative may not, however, deal with the orders referred to in Art. 37, with the exception of budget envelope initiatives referred to in s. 33 A .
D.
That a cantonal initiative be tabled.

2 The request for a complete revision of the Constitution cannot contain any directives or draft articles.

3 Other initiatives may be designed in general terms or in the form of a draft, with the exception of the budget envelope initiative, which can only be designed in general terms. They must be in a domain with a unit and contain a withdrawal clause. 2


1 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).
2 Accepted in popular vote of 16 May 2004, in force since 8 March 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).

Art. Deposit

1 A written project must be specifically designated as a constitutional initiative or as a legislative initiative.

2 Before the start of the collection of signatures, any initiative must be submitted for consideration by the Chancellery of Etat; its opinion does not bind the authors of the initiative.

3 An initiative is successful when it is supported within 18 months of the official publication of its text, by 3000 active citizens or by ten political communes. The budget envelope initiative is governed by s. 33 A. 1


1 Phrase accepted in popular vote of 16 May 2004, in force since 8 March 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).

Art. Admissibility

The Grand Council declares the popular initiative which does not meet the requirements of form, which is manifestly contrary to law or is not feasible, to be null and void.

Art. 32 Processing

1 The initiative presented in draft form is subject to the vote of the people. The Grand Council proposes to the people to approve or reject the initiative. It may oppose a counterproject to the latter. The popular vote takes place no later than two years after the initiative has been tabled.

2 Where the Grand Council does not approve it, the initiative designed in general terms shall be submitted within one year to the vote of the people. When the Grand Council or the people approve the initiative, the Grand Council shall submit, within two years following the acceptance of the initiative, a text which shall achieve the initiative. This text is submitted, together with a possible counterproject, to the decision of the people. The budget envelope initiative is governed by s. 33 A. 1


1 Phrase accepted in popular vote of 16 May 2004, in force since 8 March 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).

Art. 33 Scoring for multiple objects

1 When voting involves several objects, active citizens must have the opportunity to approve both the initiative and the counterproject, or to reject both.

2 When the people approve the two objects submitted to it, they shall be deemed to have accepted the one who, in the simultaneous alternative vote, receives the most votes.

Art. 33 A 1 Budget Envelope Initiative

1 3000 active citizens have the right to request specific content for a future multi-year budget envelope. The application must be filed no later than two years before the end of the previous multi-year budget envelope. The deadline for collecting signatures shall end 90 days after the date of the official publication of the text of the initiative.

2 Within twelve months before the budget envelope is due, the Grand Council shall adopt a project to meet the purpose of the request. This project is subject to popular vote no later than 6 months before the deadline for the budget envelope, together with a possible counterproject. To provide funding for the purpose of the initiative, it may be related to a change in the tax rate.


1 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).

Art. 34 1 Popular Mandate

1 100 active citizens have the right to submit a proposal in writing to the Grand Council on matters of political planning, legislation or other matters which may be subject to a mandate from the Grand Council to the Council of State.

2 The law regulates the details.


1 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).

VI. Popular votes (referendum)

Art. 35 Required Popular Votations

1 Must be submitted to the vote of the people:

A.
Amendments to the Constitution;
B.
The Grand Council's orders and popular initiatives calling for a complete revision of the Constitution;
C. 1
International treaties and concordats whose content modifies the Constitution, as well as those that result in expenditures similar to those referred to in the Act; e;
D. 2
Laws and international treaties and concordats whose content is the law, when they have been adopted by less than two-thirds of the members present in the Grand Council;
E. 3
The Grand Council orders which cover new and unique expenditure in excess of 5 million francs or on renewable annual expenditure of more than 500 000 francs;
F.
The constitutional and legislative initiatives presented in the form of a written project and the counterprojects opposed to them;
G.
Initiatives designed in general terms to which the Grand Council does not intend to act;
H.
Cantonal initiatives under s. 29, para. 1, let. D, and initiatives requesting that an order be taken by the Grand Council, where the Grand Council does not approve them;
I.
Initiatives calling for the revocation of the Grand Council or the Council of Etat;
K.
The decisions that the Grand Council itself wishes to submit to the people's vote;
L.
The other decisions required by the law to submit to the people's vote.

2 When the people are called upon to rule on a law or an order, the Grand Council may issue to vote specific provisions, with or without a variant, in parallel with the vote on the whole text.


1 Accepted in popular vote of 29 Nov 1998, in force since 11 Dec. 1998. Ass Warranty. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 3, 1999 4957).
2 Accepted in popular vote of 29 Nov 1998, in force since 11 Dec. 1998. Ass Warranty. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 3, 1999 4957).
3 Accepted in popular vote of 29 Nov 1998, in force since 11 Dec. 1998. Ass Warranty. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 3, 1999 4957).

Art. 36 Optional popular votes

1 Are subject to the vote of the people, at the request of 1500 active citizens or of five political communes:

A.
The orders of the Grand Council which relate to new single expenditure of more than one million francs or to expenditure of more than 100 000 francs which are repeated annually;
B. 1
All other laws, international treaties, concordats and orders of the Grand Council which are not subject to a compulsory popular vote; Art. 37 is reserved.

2 The popular vote takes place when the request is made within 90 days of the official publication of the Order or the decision of the Grand Council.


1 Accepted in popular vote of 29 Nov 1998, in force since 11 Dec. 1998. Ass Warranty. Fed. Of Dec 21. 1999 ( FF 2000 127 Art. 1 ch. 3, 1999 4957).

Art. Exclusion of optional popular vote

1 The following Grand Council decisions are excluded from the optional popular vote:

A.
The orders concerning the admissibility of popular initiatives according to Art. 31;
B. 1
Orders relating to the popular mandates referred to in s. 34;
B Bis . 2
The planning orders referred to in s. 73;
C. 3
The orders referred to in s. 74;
D.
Orders for elections and appointments under s. 75;
E.
Orders under s. 76, para. 1.

2 The Law on the Exercise of Popular Rights may provide for other exceptions concerning the lesser importance of the Grand Council.


1 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).
2 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).
3 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).

VII. Participation in opinion formation

Art. 38 Political parties

1 The canton and the municipalities recognise the role of political parties.

2 They can support their activity.

Art. 39 Consultations

1 Prior to the enactment of constitutional and legislative provisions or other projects of general scope, the authorities may consult.

2 Consultations must be officially announced. Everyone has the right to give his opinion.

3 The results of the consultation are public and accessible to everyone.

VIII. Saving popular rights

Art. 40

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

2 The Grand Council or, exceptionally, the Council of State may be empowered by law to give final judgment on expenditure. The law must set the maximum amount of new and unique expenses on which the financial delegation is concerned.

Section 3 Structure of the canton

I. Township and capital city

Art. Canton Territory

1 The canton includes the territory which the historical borders have delimited and which is guaranteed to it by the Swiss Confederation.

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

3 Border adjustments must be approved by the Council of State.

Art. Chef-lieu

1 The capital of the canton is Solothurn.

2 The Grand Council, the Council of State and the superior courts of the canton have their seat in Solothurn.

II. Districts, districts, electoral circles

Art. 43 Districts, districts, electoral circles

1 The territory of the canton consists of the following five districts, each district being itself divided into two districts:

A.
Soleure-Lebern;
B.
Bucheggberg-Wasseram;
C.
Thal-Gäu;
D.
Olten-Gösgen;
E.
Dorneck-Thierstein.

2 District subdivision forms the basis for the decentralization of administration and justice. Art. 44, para. 1, is reserved. 1

3 The districts form electoral circles for the elections to the Grand Council. 2


1 Accepted in popular vote of 8 Feb 2004, in force since 20 Feb 2004. Ass guarantee. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).
2 Accepted in popular vote of 3 March 2002, in force since 4 March 2003. Ass Warranty. Fed. March 12, 2003 ( FF 2003 2572 Art. 1 ch. 4, 2002 6213).

Art. 44 District and District Organs

1 The districts are the Oberämter, the district secretariats and the district courts. The law may provide for the districts of Soleure-Lebern and Bucheggberg-Wasseramt to have a "Oberamt" and a joint district secretariat. 1

2 The law regulates the organisation and competence of these bodies.


1 Accepted in popular vote of 8 Feb 2004, in force since 20 Feb 2004. Ass guarantee. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).

III. House of Commons and Trade Unions

Art. 45 Role and autonomy of municipalities

1 The political communes, the bourgeois municipalities and the parishes are autonomous corporations of public law.

2 The right of municipalities to settle their affairs autonomously is guaranteed within the limits of the Constitution and the law. They determine their organisation, choose their authorities, their officials and employees, and carry out their tasks freely.

3 Any transfer of new tasks to the communes requires a legal basis.

Art. Common taxes

1 On the basis of taxation on state tax, the political communes collect taxes on the income and capital of natural persons, as well as on the profit and capital of legal persons.

2 To the extent permitted by law, political communes may levy other contributions.

3 Bourgeois municipalities and parishes can levy taxes on income and on the wealth of natural persons, as well as personal taxes.

Art. Changes in the size, territory or boundaries of municipalities

1 The constitution, merger or dissolution of political communes, bourgeois communes and parishes and the modification of their population or territory must be approved by the communes or parishes concerned and by the Grand Council.

2 The communes or parishes concerned may decide corrections of limits which do not result in any significant change in their territory; such corrections may be undertaken by the Council of State where there are grounds And that one of these communes or parishes requests it to do so. An appeal against the decision of the Council of State may be brought before the Grand Council by the communes or parishes concerned.

Art. 48 Collaboration, Unions of Municipalities

1 In order to carry out specific tasks, the communes may form joint trade unions or establish common establishments, conclude agreements with other communes in the canton or outside the canton and participate in undertakings of Public law, mixed economy or private law.

2 The active citizens of the municipalities concerned have a right of participation; the law regulates the details.

3 Where duties of regional interest can reasonably be accomplished only in common, the law may require the communes to form or join trade unions.

IV. Political Commons

Art. Membership, Territorial Sovereignty

1 The political commune includes the municipal territory and the people who live in that territory.

2 Any person staying in the commune is subject to the territorial sovereignty of the political commune.

Art. 50 Tasks

Political communes carry out all tasks of local or regional scope which do not belong to other bodies and those which the canton has delegated to them.

Bourgeois House of Commons

Art. Membership

The bourgeois commune consists of all persons who have the right to city in the commune, regardless of their place of residence.

Art. Tasks

In particular, the bourgeois commune has the following tasks:

A.
The granting of the municipal right of city;
B. 1
...
C.
The administration of its heritage;
D.
Operating in a manner that respects the nature of its forests and its "Allmenden", as well as their maintenance for the purpose of decommissioning;
E.
The development of socio-cultural well-being to the extent of its means.

1 Repealed in popular vote of 29 January 1995, with effect from 1 Er Jan 1996. Ass guarantee. Fed. March 14, 1996 (FF 1996 I 1307 art. 1 ch. 5, 1995 III 1349).

Section 4 State and Church

Art. Principle

1 The Roman Catholic Church, the Evangelical Reformed Church and the Christian Catholic Church are recognized as public corporations.

2 The Grand Council can recognize other sustainable religious communities as public law.

Art. Organization

1 Religious communities recognized as being under public law are organized in parishes.

2 Parishes can meet in synods.

Art. Paroisses

1 The parish includes all members of a religious community living in its territory. The parishes meet the temporal needs of their denomination and carry out other tasks within the limits set by the ecclesiastical regulation.

2 The exit of a recognized religious community may at any time be declared in writing to the parish council.

3 The parish may grant the right to vote to established aliens.

Art. 56 Synods

1 Synods ensure the general interests of their religious community and regulate the common affairs of parishes.

2 Their statutes must be approved by the Council of State.

Art. 57 Reporting to the Township

1 The canton supervises the parishes and the high surveillance over the synods. The internal autonomy of the churches is guaranteed.

2 The legislation as well as international treaties and concordats are reserved.

Section 5 Cantonal authorities

General provisions

Art. Separation of powers

1 The Grand Council, the Council of State and the courts perform their duties according to the principle of the separation of powers. None of these authorities can encroach on the area of competence that the Constitution or the law reserves to others.

2 No one may at the same time be a member of the Grand Council and of the Council of State or a member of one of these authorities and of the cantonal court.

3 Civil servants and employees of the cantonal administration, the courts and cantonal establishments responsible for administrative tasks, as well as officials exercising leadership in other cantonal institutions, May be members of the Grand Council.

4 In addition, members of the Grand Council may not be members of the Grand Council and the alternate members of the cantonal courts which are subject to direct supervision by the Grand Council. 1


1 Accepted in popular vote of 23. 2012, effective from 1 Er August 2013. Ass Warranty. Fed. Of the 237-7. 2013 ( FF 2013 7047 Art. 1 ch. 2,3447).

Art. Eligibility

1 All persons who have the right to vote in the canton are eligible for the Grand Council, the Council of State and the courts, insofar as the law does not impose additional conditions.

2 The Act regulates the eligibility requirements of other members of the authorities and civil servants.

Art. 60 Assigning Features

Public functions must be given to the best qualified persons. To the extent possible, the functions of the various groups of the population, including the different regions and political trends, will be given fair consideration.

Art. 61 Administrative period

1 The administrative period is four years for all civil servants and authorities in the canton and municipalities.

2 All elections are for an administrative period or for the remainder of an administrative period.

S. 62 1 Assermentation

Upon their entry into office, the members of the authorities and officials elected by the people or by the Grand Council solemnly promise to respect the Constitution and the law.


1 Accepted in popular vote of 4 March 2001, in force since 1 Er August 2001. Ass Warranty. Fed. Of Dec 11. 2001 ( FF 2001 6190 Art. 1 ch. 4 4659).

S. 63 Advertising

1 The deliberations of the Grand Council and the Council of State shall be public insofar as legitimate private or public interests are not opposed.

2 The law regulates the right to inspect official records.

Art. 64 Liability

1 The canton, the municipalities and the other public task holders respond to the damage caused without the right to third parties in the course of their official activities.

2 The law defines liability in other cases. It regulates the responsibility of the authorities, officials and employees.

Art. Immunity

The members of the Grand Council and the Council of State shall not be liable for any liability as a result of their statements to the Grand Council or its committees. The Grand Council may, however, with the approval of two-thirds of the members present, waive this immunity when it is clearly abused.

II. The Great Council

Art. 66 Role

The Grand Council is the legislative authority and the highest supervisory authority in the canton. It consists of 100 members. 1


1 Phrase accepted in popular vote of 3 March 2002, in force since 1 Er May 2004. Ass Warranty. Fed. March 12, 2003 ( FF 2003 2572 Art. 1 ch. 4, 2002 6213).

Art. 67 Election and allocation of seats

1 The Grand Council is elected according to the proportional system.

2 The distribution of seats in electoral circles is carried out according to a decree of the Grand Council drawn up on the basis of the most recent cantonal population statistics. The relationship between the resident population of electoral circles and that of the canton is crucial. 1


1 Accepted in popular vote of 3 March 2002, in force since 4 March 2003. Ass Warranty. Fed. March 12, 2003 ( FF 2003 2572 Art. 1 ch. 4, 2002 6213).

Art. 68 Independence

1 The members of the Grand Council freely exercise their mandate.

2 They must make public their relations with companies and advocacy groups.

Art. 69 Organization and procedure

The law regulates the organisation of the Grand Council and its relations with the Council of State and the superior courts of the canton.

Art. Relation to the Council of State 1

1 The Grand Council may give terms of reference to the Council of State. In its own area of competence, the Council of State may depart from the mandate in justified cases. 2

2 The members of the Council of State shall participate in the meetings of the Grand Council; they shall have an advisory opinion and may submit proposals concerning matters of deliberation.


1 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).
2 Accepted in popular vote of 16 May 2004, in force since 8 March 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).

Art. Bis 1 Participation of the President of the Supreme Court

The President of the Supreme Court shall participate in the meetings of the Council of State devoted to the budget, the accounts and the activity report of the courts; it shall have a consultative vote and may make proposals.


1 Accepted in popular vote of 28 Nov 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On 6 Oct. 2005 ( FF 2005 5625 Art. 1 ch. 2, 2715).

Art. Legislation

1 The Grand Council makes all the fundamental and important provisions in the form of a law. It can participate in the preparation of laws.

2 Subject to para. 1, it enacts as an order the enforcement provisions relating to federal statutes and federal orders. In specific cases, it may delegate this competence to the Council of State.

3 The Grand Council may file a parliamentary initiative on the subject matter of a warrant or a planning order that has not been executed. The law regulates the details. 1


1 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).

Art. 72 International treaties and concordats

1 Subject to popular rights, the Grand Council approves international treaties and concordats, unless the Council of State is authorized by law to conclude them definitively.

2 The Grand Council may participate in the preparation of important treaties and concordats, which must be submitted for approval.

Art. 1 Political Planning

1 The Grand Council processes the programme of the legislature, the integrated tasks and finances plan and other fundamental plans in specific areas of work and becomes aware of it.

2 By adopting the planning decree, the Grand Council instructed the Council of State to carry out a State task in a determined direction.


1 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).

S. 74 Benefits and Financial Management 1

1 The Grand Council:

A.
Decides on new expenditure, subject to the rights of the people according to art. 35 and 36;
B. 2
Periodically fix the structure and level of detail of the budget, make decisions on important issues relating to the budget envelope and adopt the budget;
C. 3
Approves the management report.

2 The Grand Council coordinates financial orders with the benefits to be provided. It ensures the effectiveness of all cantonal measures. 4

3 The law may delegate provisional authorisation to incur an expenditure which does not suffer any delay in the Committee on Finance. The authorisation is subject to approval by the Grand Council. 5


1 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).
2 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).
3 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).
4 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).
5 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).

Art. 75 Elections

1 The Grand Council appoints:

A.
The Chancellor of State or his deputy;
B.
Judges and substitutes of the courts, to the extent that the constitution or law does not entrust their election to the people;
C. 1
The chief prosecutor and his or her deputy;
D. 2
Prosecutors;
E. 3
The chief lawyer for minors and other lawyers for minors;
F.
The Chief Financial Officer.

2 The law may entrust other appointments to the Grand Council. It determines which positions are to be placed on the competition.


1 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).
2 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).
3 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).

Art. 76 Other skills

1 The Grand Council:

A.
Exercises high supervision over all authorities and bodies performing cantonal tasks;
B.
May adjoin the departments of the expert advisory committees on a permanent basis;
C. 1
...
D.
Exercises the right of amnesty and, to the extent or the law does not give it to the Council of State, the right of pardon;
E.
A decision on appeals and petitions within the limits of its powers;
F.
Conflicts of jurisdiction, to the extent that this does not fall within a tribunal;
G.
Exercise the rights of participation granted by the Federal Constitution to the cantons (art. 86, 89, 89 Bis And 93 cst. 2 );
H.
May rule on the advice of the Council of State to the federal authorities.

2 The law may confer other powers on the Grand Council.

3 The legislation gives the Grand Council the power to grant important concessions.


1 Repealed in popular vote of 6 June 1993, with effect from 18 June 1993. Ass Warranty. Fed. June 9, 1994 (FF) 1994 III 334 art. 1 ch. 1, 1993 IV 473).
2 [RS 1 3; RO 1949 614, 1977 807 2228]. At disp. Currently referred to correspond to s. 45, 136, 140, 141, 151, 159, 160 and 165 of the Cst. 1999 (RS 101 ).

III. State Council and Administration

Art. 77 Role

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

2 The Council of State is composed of five members and fulfils its collegial tasks

3 He chose the "Landammann" and his alternate for the one-year term.

S. 78 Government Tasks

1 The Council of State shall determine, subject to the popular rights and powers of the Grand Council, the main purposes and means of the action of the State. It plans and coordinates the activities of the State.

2 It develops at the beginning of each legislative period a program of the legislature and an integrated business and financial plan. 1 At the end of the legislature, it reports to the Grand Council on their achievement.


1 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).

Art. Legislation

1 The Council of State is leading the preparatory process for the preparation of the constitutional and legislative texts. The Grand Council may make exceptions in certain cases.

2 The Council of State shall issue orders on the basis and within the limits of laws, international treaties and concordats.

3 17 members of the Grand Council may, within 60 days, oppose an order or a change of order decided by the Council of State. When such an opposition is confirmed by the majority of the Members present in the Grand Council, the draft is referred to the Council of State. The Grand Council Regulation lays down the details of the procedure. 1

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


1 Accepted in popular vote of 29 June 2003, in force since 3 March 2004. Ass Warranty. Fed. On March 10, 2004 ( FF 2004 1273 Art. 1 ch. 3, 2003 7377).

Art. 80 Financial skills

1 The Council of State is authorised to decide on new and unique expenditure up to a sum of 250 000 francs and expenditure repeated annually up to an amount of 50 000 francs. 1

2 It can contract and renew loans.

3 It has the financial assets. The expenditure competence requirements apply to financial contributions to private companies, insofar as these investments are not only investments.


1 Accepted in popular vote of 30 Nov 2008, in force since 5 Dec. 2008. Ass Warranty. Fed. On March 11, 2013 ( FF 2013 2337 Art. 1 ch. 1,193).

Art. Administration Directorate

1 The Council of State determines, in accordance with the Constitution and the law, the judicious organisation of the administration. It ensures a public service that is consistent with the law and is effective. 1

2 It shall act to the extent provided for by the Law on Administrative Appeals. Art. 88, para. 3, shall apply mutatis mutandis.


1 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).

Art. Other responsibilities

1 The Council of State:

A.
Maintains public order and security;
B.
Represents the township within and outside the canton;
C.
Concludes administrative agreements and, within the limits of its jurisdiction, international treaties and concordats;
D.
Pronounces on federal authorities' projects;
E.
Conduct elections or appointments, inasmuch as they are not within the competence of other bodies;
F. 1
Grants the right of cantonal city.

2 The law may confer other powers on the Council of State.


1 Accepted in popular vote of 6 June 1993, in force since 18 June 1993. Ass Warranty. Fed. June 9, 1994 (FF) 1994 III 334 art. 1 ch. 1, 1993 IV 473).

Art. 83 State Chancellery

The State Chancellery is the General Coordination Service of the Council of State and the Grand Council.

Art. 84 Cantonal Administration

1 The cantonal administration is subdivided into departments which, within the limits of their powers, regulate administrative matters independently.

2 Each member of the Council of State is at the head of one or more departments.

3 Any decision by a department may be appealed to the Administrative Tribunal, provided that the law does not recognise the jurisdiction of another authority or that it does not entitle the department to give final judgment on the Recourse.

Art. 85 Other institutions performing public tasks

1 To the extent laid down by law, the canton may:

A.
Establish autonomous public law corporations, institutions and foundations;
B.
Participate, in carrying out its tasks, in mixed economy enterprises;
C.
Delegating administrative tasks to autonomous administrative units, inter-cantonal or inter-communal organisations, to mixed economy enterprises or, exceptionally, to private or private law organisations.

2 The legal protection of citizens and supervision by the Council of State must be guaranteed. The law provides for the appropriate participation of the Grand Council.

Art. 86 Organization and procedure

The law regulates:

A.
The foundations of the organisation of the Council of State and of the departments;
B. 1
The broad lines of the law governing the staff service reports of the Eta;
C.
Administrative procedure and justice.

1 Accepted in popular vote of 4 March 2001, in force since 1 Er August 2001. Ass Warranty. Fed. Of Dec 11. 2001 ( FF 2001 6190 Art. 1 ch. 4 4659).

IV. The Courts

Art. Organs

1 Jurisdiction in civil, criminal and administrative matters is exercised by state courts and arbitral tribunals.

2 The law regulates the organisation, the powers and the procedure.

Art. Principle

1 The courts are independent in their judgments; they are subordinated only to the law.

2 The debates are generally public.

3 The judge is not bound by the normative acts enacted by the canton or by the municipalities which are contrary to federal law or to the cantonal law of higher rank.

Art. 89 Civil Jurisdiction

1 The civil court shall be exercised by:

A.
Justices of the peace
B.
District Court Chairs;
C.
District courts;
D. 1
...
E.
The cantonal court;
F. 2
Other courts and conciliation authorities, within the limits prescribed by law.

2 Disputes may be tried by arbitral tribunals within the limits set by the legislation.


1 Repealed in popular vote of 26. 2010, with effect from 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1 ch. 5,4149).
2 Accepted in popular vote of 26. 2010, effective from 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1 ch. 5,4149).

Art. Criminal jurisdiction

1 The criminal court is exercised by

A. And b. 1 ...
C.
The presidents of the juvenile courts;
D. 2
The Juvenile Court;
E.
District Court Chairs;
F.
District courts;
G.
The cantonal court;
H. 3
The judge of the arrest.
I. 4
...

2 The authorities responsible for criminal prosecution are the public prosecutor, the prosecutor's office for minors, the police and the justices of the peace. 5

3 The law regulates, in respect of criminal decisions, the powers of the chief prosecutor, prosecutors, lawyers for minors, officials of education and justices of the peace, as well as the competence of the administrative authorities to impose Penalties. 6


1 Repealed in popular vote of 26. 2010, with effect from 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1 ch. 5,4149).
2 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).
3 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).
4 Repealed in popular vote of 16 May 2004, with effect from 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).
5 Accepted in popular vote of 26. 2010, in force since Jan 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1 ch. 5,4149).
6 Accepted in popular vote of 26. 2010, effective from 1 Er Jan. 2011. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1 ch. 5,4149).

Art. 91 Administrative Jurisdiction

The administrative court shall be exercised by:

A.
The Administrative Tribunal;
B.
The Insurance Tribunal;
C.
The Tax Court;
D.
The Commission of Clothing;
E. 1
...
F.
Other special courts to the extent that they are provided for by law.

1 Repealed in popular vote of 28 Nov 2004, with effect from 1 Er August 2005. Ass Warranty. Fed. On 6 Oct. 2005 ( FF 2005 5625 Art. 1 ch. 2,2715).

Art. 91 Bis 1 Judicial Administration

1 The judicial administration is the case of the courts.

2 The President of the Supreme Court represents the courts in dealing with other authorities.

3 The law regulates the principles of the organisation and procedure of the judicial administration.


1 Accepted in popular vote of 28 Nov 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On 6 Oct. 2005 ( FF 2005 5625 Art. 1 ch. 2,2715).

Section 6 Tasks of the State

I. Public Safety

Art. 92 Order and Security

The canton and the political communes guarantee public order and security.

Art. 93 Precautions in anticipation of disasters or war

1 The canton and the political communes take measures to protect the population in the event of disasters or war-related events.

2 To this end, the law may grant the Grand Council and the Council of State powers which, for a limited period, derogate from the constitutional requirements for the allocation of powers.

II. Social security

Art. 94 Achieving social objectives

To complement private initiative and responsibility, the canton realizes social goals within the limits of its remit and means.

Art. 95 Social Assistance

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

2 They can create or support institutions of foresight and assistance. They encourage the measures taken by the people themselves to get out of business.

Art. 96 Foreigners

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

Art. 97 Enforcement of Sentences and Measures

By law, the canton regulates, in general terms, rights and duties:

A.
Persons in preventive detention;
B.
Persons with a sentence or a measure;
C.
Persons who are detained for reasons of assistance.
Art. 98 Legal Information

The canton can support the provision of free legal information.

Art. Insurance

1 The canton and the communes may:

A.
Contribute to the payment of social insurance premiums;
B.
Complete insurance benefits;
C.
Manage social insurance themselves.

2 Medical and accident insurance is compulsory.

3 The buildings must be insured against the damage caused by the fire and by the elements with the Assurance Real Estate Insurance. The canton can, by legal means, declare other assurances of things compulsory.

III. Health

Art. 100 Public health

1 The canton regulates the public health sector. It creates the conditions for ensuring adequate and economically sustainable medical care.

2 It encourages, in collaboration with municipalities, prevention and medical assistance, as well as home care.

3 The canton is monitoring the health professions.

Art. 101 Hospitals and Home

1 The canton manages, alone or with other agencies, hospitals and homes.

2 Private institutions are subject to authorisation. The law lays down the conditions for granting the authorisation.

3 The canton supervises all hospitals and households, both public and private.

IV. Culture, education and training

Art. 102 Culture

1 The canton and the communes encourage individual development and creation and facilitate participation in cultural life.

2 They protect and maintain the cultural heritage.

Art. 103 Media

The canton can enact a media law which must promote the cultural particularities of the canton and the diversity of information.

Art. 104 Principles relating to the school system

1 Education and training are tasks that parents and school assume jointly. The law regulates the rights and duties of each of the two partners.

2 Each schoolboy is entitled to training corresponding to his intellectual, moral and physical abilities. The subjects taught are the same for girls and boys.

3 Attendance at school is compulsory during the period prescribed by law.

Art. 105 Public Schools

1 Political communes create and manage primary schools, with the exception of schools of curative pedagogy; child schools are part of primary schools. The township is involved in costs. 1

2 The canton creates and manages the schools of curative pedagogy and other public schools. 2

3 The canton supervises all public schools.


1 Accepted in popular vote of 14 Apr. 2013, in effect since 1 Er Jan. 2014. Ass Warranty. Fed. Of the 24th. 2014 ( FF 2014 7615 Art. 1 ch. 4 3573).
2 Accepted in popular vote of 14 Apr. 2013, in effect since 1 Er Jan. 2014. Ass Warranty. Fed. Of the 24th. 2014 ( FF 2014 7615 Art. 1 ch. 4 3573).

Art. 106 Professional training and development

1 The canton supports vocational training and development, as well as retraining.

2 To this end, it can create and manage the necessary training centres or participate in such centres.

3 The canton and the communes encourage the acquisition of a general culture by adolescents, as well as the training of adults.

Art. 107 Collaboration with other Cantons or Corporations

1 The canton supports cooperation and coordination in the field of education.

2 It may, together with other cantons or corporations, create and manage training institutions.

S. 108 Private schools

1 Private schools in primary and secondary schools, private vocational schools and private institutions of the university degree are subject to authorisation and subject to the supervision of the canton.

2 The same principle applies to private education in place of attendance at school and during compulsory schooling.

3 The canton can support private schools.

S. 109 Facilitation of school attendance

The township removes or reduces economic, geographic or other barriers to school attendance.

Art. 110 Training sides

The canton provides training subsidies.

S. 111 1

1 Repealed popular vote of Sept. 26. 2010, with effect from 1 Er August 2012. Ass Warranty. Fed. Of the 29th. 2011 ( FF 2011 7019 Art. 1 ch. 5,4149).

Art. 112 Civic Instruction

The canton encourages civic education.

Art. 113 Free Time Layout

The canton and the municipalities support the judicious use of leisure time, activities in support of youth and sport.

Environment and energy

Art. 114 Protection of the environment

1 The protection and maintenance of the environment is everyone's business. The canton and the communes protect man and his natural environment from harmful and ill-suffering.

2 Those who take measures to protect the environment bear the costs.

3 The canton and the political communes guarantee the disposal of waste that is cleaning up the environment. The person who produces the waste has the same responsibility.

4 The canton encourages the use of environmentally friendly technologies and the recycling of used materials and waste.

Art. 115 Protection of nature and landscape

The canton and the communes protect and conserve the living space of native flora and fauna, as well as the characteristic sites.

Art. 116 Water Supply

The Township and the Municipalities provide a water supply that meets regional needs.

Art. 1 Energy supply

1 The canton and the municipalities can take measures to ensure an energy supply that promotes the economy, environmentally friendly, safe and managed according to economic principles.

2 They encourage the efficient and efficient use of energy, the use of renewable energy and the decentralised energy supply.


1 Accepted in popular vote of 18 May 2014, in force since 1 Er Jul. 2015. Ass Warranty. Fed. On March 11, 2015 ( FF 2015 2811 Art. 1 ch. 3, 2014 8899).

VI. Land use and transport

Art. 118 Land use planning

The canton and the communes ensure the wise and measured use of the soil and the rational occupation of the cantonal territory.

S. 119 Construction

The canton regulates construction in order to protect man and the environment.

Art. 120 Transport

1 The canton and the political communes regulate the field of transport and roads.

2 Together they encourage the use of public transport.

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

VII. Economy

Art. 121 Goals of the Cantonal Economic Policy

1 The canton creates general conditions favourable to a productive economy and to the maintenance of employment at the highest possible level.

2 It encourages the development of a balanced economy from a structural and regional perspective.

3 The imperatives of the protection of the environment and the spatial planning of the interests of agriculture and social peace must be taken into account.

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

5 The canton is taking measures to limit as far as possible the density of regulation and the administrative burden placed on businesses, in particular small and medium-sized enterprises (SMEs). 1


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

Art. 122 Agriculture

1 The canton is taking measures to ensure a productive and nature-friendly agriculture.

2 It encourages the maintenance and development of independent family farms.

Art. 123 Forest Economics

1 The canton is monitoring all forests.

2 It guarantees the conservation of forests in their protection, exploitation and decommissioning functions.

3 It encourages exploitation close to natural forest processes.

Art. 124 Predictive Crisis Prevention

Within its scope, the canton adopts measures to limit economic crises and mitigate its effects.

Art. 125 Public shoses

The canton exercises sovereignty over public affairs. It shall, in particular, lay down the requirements for their operation and use.

Art. Equal

1 Salt, hunting, fishing and mining regales belong to the canton. Private rights are reserved.

2 The regales provide the canton with the exclusive right to economic activity and exploitation. It may exercise these rights themselves or transfer them to third parties.

Art. 127 1

1 Repeated popular vote of 4 Dec. 1994, with effect from Dec 16. 1994. Ass Warranty. Fed. March 14, 1996 (FF 1996 I 1307 art. 1 ch. 5, 1995 III 1349).

S. 128 Economic police requirements

The canton and the political communes may make regulations in order to ensure a rational exercise of economic activities.

Section 7 Financial arrangements

Art. 129 Use of the State's heritage

1 The canton uses and manages the administrative heritage economically and in accordance with its destination.

2 The financial assets must be managed in accordance with the laws of the market and in accordance with the public interest.

Art. 130 Principles of Financial Policy

1 The management of cantonal finance must be measured, economic and adapted to the situation. The accounts must generally be balanced.

2 The canton adapts its financial planning to public tasks.

3 Each task, recipe and expenditure must be reviewed in advance and periodically, and whether they are necessary and appropriate and what the financial consequences are.

Art. 131 Resources Provenance

1 The Township and the Municipalities may obtain their resources by:

A.
Collection of taxes and contributions;
B.
Income from their wealth;
C.
Grants and shares in the revenue of the Confederation and of other corporations, undertakings and institutions of public law;
D.
The use of loans and loans;
E.
Other potential revenues.

2 The common trade unions cover their expenses by means of their members' benefits, as well as by emoluments and grants. They do not receive any tax.

S. 132 Cantonal taxes

1 The township may collect the following taxes:

A.
Personal tax and income and capital taxes of natural persons;
B.
Tax on the profit and capital of legal persons;
C.
Tax on capital gains and on non-periodic income;
D.
Corporate tax on financial equalization; and
E.
Hospital tax;
F.
Transfer rights;
G.
Income tax and estate tax;
H.
Motor vehicle tax;
I.
The tax on vessels;
K.
Donations tax;
L.
Tax on dogs.

2 Taxes on specified expenses can only be levied for as long as they are necessary.

3 The introduction of new cantonal taxes requires a constitutional basis.

Art. 133 Principles governing the collection of taxes

1 All taxpayers are required to participate in the expenditures of the Township in proportion to their means. Extraordinary and non-periodic income may be taxed separately. 1 The desire to engage with the individual and the dynamism of the economy must be preserved.

2 The taxes of natural persons must be calculated in such a way that no significant additional burden is caused by marriage; tax relief under s. 134 are reserved. 2

3 The principle of progressivity must be fairly applied in the taxation of income and capital. This principle can also be applied to other forms of taxation. The cold progression shall be periodically compensated.


1 New content of the popular vote of 12 June 1994, in force since 12 May 1995. Ass Warranty. Fed. June 12, 1995 (FF 1995 III 560 art. 1 ch. 2 I 957).
2 Accepted in popular vote of 25. 1988, effective June 21, 1989. Ass Warranty. Fed. June 21, 1989 (FF 1989 II 882 art. 1 ch. 4 I 545).

Art. 134 Tax Rebates

Tax relief must be granted particularly in favour of:

A.
Family;
B.
Persons with an obligation to maintain or who volunteer to perform assistant duties;
C.
The creation and maintenance of housing for the personal use of their owners;
D.
Individual savings, including the creation of a fair capital;
E.
Professional development and retraining.
Art. 135 Time of crisis

In times of crisis, the canton may derogate from the ordinary principles of the collection of taxes in order to carry out the extraordinary tasks incumbent upon it; these deletions must, however, be limited in time and based on a legal basis.

Art. 136 Fiscal Equalization

Fiscal equalization must strike a balance with respect to the tax burden borne by taxpayers and the benefits of municipalities.

Section 8 Provisions concerning the revision of the Constitution and transitional provisions

I. Revision provisions

Art. 137 Principle

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

2 Any partial revision must relate to a domain that forms a unit.

Art. 138 Partial Review

1 The partial revision of the Constitution requested by a popular initiative is carried out in accordance with the provisions on popular interventions.

2 The Grand Council decided to proceed with the partial revision after two deliberations organised at least one month apart.

3 The Grand Council may ask the people to rule on questions of principle with or without alternatives. It may simultaneously submit to the popular vote the entire project or parts, with or without variations.

Article 139 Total Review

1 The people decide, on the basis of an order from the Grand Council or a popular initiative presented by 3 000 active citizens or by 10 political communes, if:

A.
The total revision of the Constitution must be undertaken;
B.
The revision must be undertaken by the Grand Council or by a constituent assembly.

The popular vote takes place within six months of the tabling of the popular initiative or the Order of the Grand Council.

2 When the people decide to entrust the total revision of the cantonal constitution to a constituent assembly, it shall be elected immediately in accordance with the requirements governing the election of the Grand Council, except for the rules on The incompatibility of functions.

3 The authority responsible for the revision may submit to the vote of the people questions of principle, with or without variations; it is then bound by the result of these votes in the drafting of the Constitution.

4 The reviewing authority shall submit, after having deliberated twice, at least one month, the draft Constitution totally revised to the people. It can ask the people to decide on the Constitution as a whole or by parts, with or without variations.

5 When the people reject the Constitution or a part thereof, the reviewing authority shall draw up a second draft. If the latter is also rejected by the people, the total revision is deemed to have failed.

II. Transitional provisions

Art. 140 Entry into force

This Constitution shall enter into force on 1 Er January 1988.

Art. 141 Repeal of existing provisions

1 The Constitution of the canton of Solothurn, 23 October 1887 1 , is repealed. His art. 24, 26, 27 and 28, however, remain in effect until the full renewal of the Grand Council, no later than 1993.

2 The provisions of the law in force whose content is contrary to this Constitution shall be repealed.


1 Official collection of laws and ordinances of the canton of Solothurn [GS 60 47]

Art. 142 Limited maintenance of existing provisions

1 The provisions which have been enacted by an authority which is no longer competent or in accordance with a procedure which is no longer permitted by this Constitution shall remain in force; the amendment of such provisions shall be effected in accordance with the procedure laid down in This Constitution.

2 Entitlements which have been granted to the Grand Council and the Council of State for expenditure and which are contrary to this Constitution shall lose their validity after five years at most.

Art. 143 Elaboration of new provisions

If, under this Constitution, new legal provisions are to be enacted or existing provisions are to be amended, this task must be carried out without delay. It is necessary to examine whether the current legal provisions are in conformity with fundamental rights, in particular the principle of equal treatment.

Art. Exercise of popular rights

1 Until the entry into force of the legal provisions on popular rights, the exercise of the latter is governed by an order of the Grand Council.

2 The forms of popular interventions accepted by the Constitution of 23 October 1887 can still be used until 30 June 1989.

Art. 145 Administrative Periods

Administrative periods concerning the authorities and officials of the canton and the municipalities shall be governed by the current law until 1997 at the latest.

Art. 146 Applications for the granting of the right of the city

Applications for the granting of the right of the city presented by Swiss citizens and which are pending at the entry into force of this Constitution shall be dealt with by the Council of State.

Art. 147 Criminal Court

1 The Grand Council appoints 1 Er January 1988 a Criminal Court composed of two cantonal judges and three permanent lay judges. The first administrative period was completed in 1993.

2 The organisation and procedure are settled by the cantonal court until the legal provisions have been adapted.

3 The criminal proceedings pending before the Court of Assizes at 1 Er January 1988, are governed by the earlier right.

Article 148 Incompatibility for judges

Until the adaptation of the law on judicial organisation, may not belong to the same court:

A.
Blood or allied persons, whether in direct or collateral line, up to the third degree including;
B.
Spouses, as well as spouses of brothers and sisters.
Art. 149 1 Privatisation of the cantonal bank

1 The Banque Cantonale soleuroise is converted into an anonymous private law company, the canton of which can only be a minority shareholder. The Council of State shall take all necessary decisions; these shall be final.

2 The Conseil d' Etat may delegate certain decisions to the Extraordinary Bank Council of the Banque Cantonale soleuroise subject to its right of approval.

Index of Contents

Numbers refer to articles and divisions of articles of the Constitution

Action Of the State 5, 18 2

Administration , Cantonal 84

-
Effectiveness 34, 37 1b, b Bis , c , 70 1 , 71 3 , 73, 74 1b, c, 2 , 78 2 , 81 1
-
Direction 81
-
Organization 86
-
Procedure 86

Agriculture 122

Social Assistance 95

Power, Medical 100 1

Land use planning 118

Amnesty 76 1d

Water Supply 116

Energy supply 117

Arrondissements 43, 44

Assermentation 62

Medical Assistance 100 2

Soleuroise Property Insurance 99 3

Accident and sickness insurance 99 2

Insurance 99

Autonomy of municipalities 3, 45 2

Autonomy of Churches 57 1

Cantonal Authorities 58 ff.

Conciliation Authorities 89 1f

Cantonal Bank 149

Buildings

-
Soleuroise Property Insurance 99 3

Good faith 5 2

Budget 29 1c, 3 , 30 3 , 32 2 , 33a , 74 1b

Social Goals 22, 94

Canton

-
Authorities 58 ff.
-
Collaborating with others 2 1 , 107
-
As a Member State of Confederation 1
-
Township territory 41

Disasters 93

Censorship 12 2

Electoral Circles 43

State Chancellery 83

Loads Administrative, limit density 121 5

Chef-lieu 42

Estimating Commission 91 D

Cultural Communities

-
Canton as mediator 2 2

Religious Communities

-
Recognition of public law 53 2
-
Parish organization 54 1

Commons

-
Autonomy of municipalities 3, 45 2
-
As autonomous public law corporations 45 1
-
Tax jurisdiction 46
-
The right of municipalities to settle their affairs autonomously 3 2 , 45 2
-
Election of common bodies 27 4
-
Transfer of tasks, requires legal bases 45 3
-
Communal taxes 46
-
Changes in strength 47 1
-
Land modification 47 2
-
Collaboration 48 1
-
Unions 48 3

Bourgeois House of Commons

-
Membership 51
-
Tasks 52
-
V. Commons

Political Commons

-
Membership 49 1
-
Territorial sovereignty 49 1
-
Tasks 50
-
V. Commons

Jurisdiction

-administrative authorities to impose penalties 90 3

-financial 80

Contestants And treaties 72

Conciliation 89

Council of State

-
Role 77
-
Tasks 78
-
Legislation 79
-
Financial skills 80
-
Management direction 81
-
Dealings with the Grand Council 70
-
Eligibility 59 1
-
Other assignments
-
Public safety 82 1a
-
Canton representation 82 1b
-
Conclusion of treaties, agreements 82 1c
-
Pronunciation of federal government projects 82 1d
-
Elections 82 1st
-
Cantonal city law 82 1f
-
Approval of border adjustments 41 3
-
Approving Synods statuses 56 2
-
Monitoring of other institutions carrying out public tasks 85 2

Constitution

-
Partial revision 137, 138
-
Total revision 137, 139
-
Coming into force 140
-
Repeal of existing provisions 141
-
Limited retention of existing provisions 142

Construction 119

Consultations 39

-
Right to give notice 39 2
-
Accessibility 39 3

Counter-Project 33

Contributions 131 1a

Corporations , stand-alone 85 1a

Supreme Court 89 1st , 90 1g

-
Participation of the President in meetings of the Council of State 70 Bis

Crisis , time of

-
Taxes to perform extraordinary duties 135

Culture 102

Decision , motivated

-
Right to 18 2

Delegation

-
Financial delegation 40 2 , 74 3
-
Limitations in legislation 40 1

Proceedings of the Grand Council

-
Advertising 63

Departments 84, 86 A

Dependency , Special Report 21 3

Expenditures

-
Renewable annually 35 1st
-
New and unique 35 1st , 40 2

Human Dignity , protection 6

Districts 43, 44

Township Division 41 ff.

Damages 8 3

Personal Data , protection 8 2

Right, New 143

Right to life 8 1

Right of access to official documents 11 3

Freedom of the City 24, 82 1f , 146

Right to consult official records 63 2

Right to be heard 18 2

Right to vote 25

-
Foreigners established in parishes 55 3

Law Governing the Staff Reports of the Staff of the State 86 B

Fundamental rights

-
Human dignity 6
-
Equality 5, 7
-
Personal freedom, right to life 8
-
Private sphere 8
-
Marriage and family 9
-
Freedom of belief, conscience and worship 10
-
Freedom of opinion 11
-
Freedom of information 11
-
Media freedom 12
-
Freedom of assembly and association 13
-
Freedom of science and art 14
-
Freedom of establishment 15
-
Warranty of property 16
-
Economic freedom 17
-
Legal protection 18
-
Right to be heard 18 2
-
Guarantees granted in cases of deprivation of liberty 19
-
Respect for fundamental rights 20
-
Limits 21
Effect on third parties 20 2, 3
-
Limiting 21
-
Legal basis 21 2
-
Public interest 21 1
-
Persons who are related to the township by a special dependency ratio 21 3
-
Proportionality 5
-
Right of petition 27
-
Right to training 104 2

Political rights 24 ff.

-
Saving 40
-
Exercise 144

Duties Personal 23

Water , procurement 116

Ecoles

-
Facilitation of school attendance 109
-
Private 108
-
Public 105
-
School system 104

Child Ecoles 105 1

Curative Pedagogy Schools 105 1 2

Economy

-
123 forest
-
Policy 121
-
Economic police 128

Equality 5, 7

Church and State 53 ff.

Churches

-
Internal autonomy 57 1
-
As corporations of public law 53
-
Discovery 53 2
-
Exit from a community 55 2

Elections

-
Popular 27
-
By the Grand Council 75
-
Right of foreigners to parishes 55 3

Eligibility 59

Employment , freedom to freely choose his profession and his employment 17 2

Borrowings 131 1d , 80 2

Energy , procurement 117

Education V. Training, Schools

Enterprises

-mixed economy 85 1b

Small and medium-sized enterprises (SMEs) 121 5

Environment , protection 114

-
Polluter pays principle 114 2
-
Waste recycling 114 4

Establishments 85 1a

State and Church 53 ff.

-
Internal autonomy of the Churches 57 1
-
High monitoring on synods 57 1
-
Supervision of parishes 57 1
-
International treaties and reserved concordat 57 2

Foreigners 96

Executing

-
Penalties and measures 97

Expropriation 16 2

-
Indemnity 16 2

Family, Right to 9

Finance

-
State property/heritage 129 2 , 80 3
-
Financial skills
-
Of the State Council 80
-
Of the Grand Council 74
-
Budget envelope initiative 29 1c, 3 , 30 3 , 32 2 , 33a
-
Financial plan 78 2 , 130 2
-
Financial policy, principles 130
-
Financial regime 129 ss.

Financier/s

-
Financial skills v. Finance
-
Financial delegation 40 2

Officials of the Training 90 3

Functions , assigning functions 60

Foundations Of autonomous public law 85 1a

Forests 123

Training

-
Right to training 104 2
-
Schools v. Schools
-
Professional training and development 106
-
Civic education 112
-
Subsidies 110

Foyers 101

Border , correction 41 3

Property Warranty 16

Thanks 76 1d

Grand Council

-
Eligibility 59 1
-
Deliberations, meetings 63
-
Role 66
-
Election 67 1
-
Distribution of seats 67 2
-
Independence 68 1
-
Interest relationships 68 2
-
Organization and procedure 69
-
Relations with the Council of State 70
-
Competencies
-
Legislation 71
-
International and concordat 72
-
Political planning 73
-
Finance 74
-
Elections 75
-
High monitoring 76 1a
-
Amnesty and pardon rights 76 1d
-
Appeals 76 1st
-
Jurisdictional disputes 76 1f
-
Rights of participation than the Federal Constitution 76 1g
-
Right to vote 76 1h
-
Concessions 76 3
-
Declaration of the admissibility of initiatives 31
-
Voting recommendation 32
-
Popular mandate 34
-
Approvals for changes in the size of the municipalities 47
-
Recognition of religious communities 53 2

Strike , control measures 17 3

Hospitals 101

Immunity 65

Taxes 131 1a

-
Of communes 46
-
Cantonals 132
-
Types 132 1
-
Necessity of a constitutional basis 132 3
-
Collection of taxes, principles 133
-
Progressivity 133 3
-
Tax relief 134

Incompatibilities 58 2, 3, 4 , 148

Allowance 8 3

Information , sources 11 2

Initiative

-
Content and form 29
-
Filing 30
-
Admissibility 31
-
Processing 32
-
Counterproject 33
-
Budget envelope 33a
-
Parliamentary 71 3

Institutions Assuming public tasks 85

Civic Instruction 112

Public interest 5 1

Inviolability V. Protection

Judge of Arrest 90 1h

Justice of the Peace 89 1a

Judges

-
Election 27 c. 3
-
Incompatibility 148

Administrative Jurisdiction 91

-
Administrative Tribunal 91 A
-
Insurance Tribunal 91 B
-
Tax Court 91 C
-
Commission of Estimate 91 D
-
Special courts 91 F

Civil Jurisdiction 17

Criminal jurisdiction 90

Equal, Base 19 1 , 21 2 , 45 2 , 46 2 , 48 3

Lequality , principle 5 1 , 21 2

Legislation 71, 72, 35 1a, d , 79

Legislature , program 78 2

Freedom

-
Of association 13
-
Of consciousness 10
-
Belief 10
-
Of worship 10
-
Of art 14
-
Of Science 14
-
Of Establishment 15
-
Meeting 13
-
Media 12
-
Information 11 2
-
Of opinion 11 1
-
Economic 17
-
Personal 8 1
-
Deprivation of liberty, warranties 19

Limitation Fundamental rights 8 3 , 21 2

Laws V. Legislation

Mayor , election 27 4b

Mandate, Free

-
Of the Grand Council 68 1

Popular Mandate 34

Protests On the public domain 13 2

Marriage, Right to 9

Media 103

Nature , protection 115

Oberamt (district office) 44 1

Opinion, Participation in the formation of the 38 ff.

Orders

-
Competence of the Council of State 79 2
-
Right of opposition of the Grand Council 79 3
-
Emergency law 79 4

Order , public v. Security

Legal order

-
Personal duties 23
-
Respect for fundamental rights 20 1

Organs

-
Cantonal bodies 27 c. 2
-
Bodies of the Confederation 27 c. 1
-
Bodies of the communes 27 c. 4, 45 2
-
Districts and boroughs 27 c. 3, 44

Peace of work 17 3

Paroisses

-
As autonomous public law corporations 45 1
-
An organ of a recognized religious community 55 1
-
Tasks 55 1
-
Voting rights to foreigners 55 3
-
Synods 54 2 , 56
-
V. Commons

Sinti , policies

-
Role recognition 38 1
-
Support 38 2

State Heritage , using 129

Landscape , protection 115

Peneen , criminal justice 19 3 , 27 3a , 75 1c-e , 90

-
Criminal prosecution authorities 90 2
-
Enforcement of sentences and measures 97

Fiscal Equalization 136

Development 106

Administrative period 61, 145

Petition , right of 26

-
To the Grand Council 76 1st

Finance Plan 78 2 , 130 2

Planning Policy 73

PME 121 5

Police 90 2 , 158

Economic Policy 121

Financial Policy, Principles 130

Power of the State 4

Chairmen of district courts 27 ch. 3, 89 1b , 90 1st

Loans 131 1d

Predictive Crisis Prevention 124

Principle of legality 5 1 , 21 2

Deprivation of liberty , warranties 19

Private//s

-
Sphere 8 2

Prosecutor 90 2, 3

Occupation , freedom to freely choose his profession and his employment 17 2

Proportionality 5

Proportional Distribution of seats in the Grand Council 67

Property , warranty 16

Protection

-
Disasters 92
-
Of human dignity 6
-
Environment, Nature and Landscape 114, 115
-
Personal data 8 2
-
Inviolability of home 8 2
-
Legal 18, 19, 85 2

Public/- que

-
Public things 125
-
Deliberations of the Grand Council
-
Right to access official documents 11 3
-
Public schools 105
-
Public interest 5 1
-
Order and security v. Security

Management Report 74 1c

Recourse , right to make a decision on appeal 84 3

Border Rectifications 41 3

Referendum

-
Required 35
-
Optional 36
-
Excluded cases 37

Equal 126

Financial regime V. Finance

Regulation , limit density 121 5

Relationships Members of the Grand Council with companies and advocacy groups 68 2

Legal Information 98

Liability 64

Resources , provenance 131

Revocation , right of revocation 28

Public health 100

Science , freedom 14

District Secretariats 44 1

Secret of Correspondence and Telecommunications 8 2

Security , public

-
Competence 82 1a
-
Restrictions at meetings and events 13 2
-
Emergency law 79 4
-
Warranty 92

Separation of powers

-
Functional 58 1
-
Personal 58 2, 3, 4

Information Sources 11 2

Private Sphere 8 2

Training sides 110

Monitoring 76 1a

Unions

-
Of communes 48
-
Obligation to join 48 3

Synods

-
Stat56 2
-
Tasks 56 1

Tasks Public

-
Good faith 5 2
-
Public things 125
-
Extraordinary 135
-
Public interest 5 1
-
Bound by the Constitution and by law 5 1

Telecommunications , secret 8 2

Canton Territory 41

-
Limitations 41 1
-
Changes 41 2
-
Corrections 41 3

Treaties 72

Transport 120

Administrative Tribunal 91 A

Court of Conciliation 89

Insurance Tribunal 91 B

Tax Tribunal 91 C

Juvenile Court 90 1d , 90 1c, 2, 3

Tribunals

-
Supreme Court v. Supreme Court
-
Election of judges 75
-
Organs 87
-
Principle 88
-
Control of normative acts 88 3
-
Civil jurisdiction 89
-
Criminal jurisdiction 90
-
Administrative jurisdiction 91
-
Special courts 91 F
-
Judicial administration 91 Bis

Arbitral Tribunals 89 2

District Courts 27 ch. 3, 44, 89 1c , 90 1f

Popular Votations (Referendum) 35, 36, 37, 41 2 , 138, 139

-
Submit to the vote specific provisions 35 2
-
Variation 35 2
-
Multi-object voting 33

Vote , right of 25


1 Accepted in popular vote of Dec. 1994, effective March 14, 1996. Ass Warranty. Fed. March 14, 1996 (FF 1996 I 1307 art. 1 ch. 5, 1995 III 1349).



Accepted in popular vote of 8 June 1986, in force since 1 Er Jan. 1988. Ass Warranty. Fed. Of Sept. 21. 1987 (FF 1987 III 261 art. 1, II 626).


1 Original German text.
2 This publication is based on federal guarantees published in FF. It may therefore differ temporarily from the cantonal publication. The date of the statement is that of the last FY published in the FF.
3 Accepted in popular vote of 16 May 2004, in force since 1 Er August 2005. Ass Warranty. Fed. On March 14, 2005 ( FF 2005 2209 Art. 1 ch. 2, 2004 5287).


Status on March 11, 2015