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RS 131.228 Constitution of the canton of Thurgau, 16 March 1987

Original Language Title: RS 131.228 Constitution du canton de Thurgovie, du 16 mars 1987

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131.228

Translation 1

Constitution of the canton of Thurgau

March 16, 1987 (Status on March 11, 2013) 2

I. Role of the canton

1 Relations with the Confederation and the Cantons

1 The canton of Thurgau is a sovereign canton of the Swiss Confederation.

2 He assisted the Confederation in the performance of its tasks.

3 It seeks to establish collaboration with other cantons and neighbouring foreign regions.

II. Fundamental principles of the rule of law

A. Foundations

2 Requirements for the activity of the State

1 Any person carrying out State duties shall be obliged to respect the fundamental legal principles laid down in this Constitution.

2 Any State activity must be based on a legal basis, pursue a public interest and be proportionate to the intended purpose.

§ 3 Equality

Equality before the law is guaranteed.

§ 4 Retroactivity

Retroactive regulations should not be a source of additional burdens for individuals.

B. Fundamental rights

§ 5 Human Dignity

The state respects and protects the dignity and freedom of the individual.

§ 6 Individual freedoms

Individual freedoms are guaranteed, in particular:

1.
Personal freedom;
2.
Freedom and protection of the intimate and secret sphere;
3.
Freedom of belief and conscience;
4.
Freedom of information, opinion and the press;
5.
Freedom of association and assembly;
6.
Freedom of scientific education and research, as well as the freedom of artistic activity;
7.
Free choice of profession and freedom of economic activity;
8.
Freedom of establishment.
§ 7 Property Warranty

1 The property is guaranteed.

2 Everyone is entitled to full compensation in the event of the expropriation or restriction of the property equivalent to an expropriation.

§ 8 Limitations on fundamental rights

1 Restrictions on fundamental rights require a legal basis and must be motivated by overriding public interest.

2 The fundamental rights of persons connected with the canton by a special report of dependence may be limited, moreover, only to the extent that the particular purpose of this dependency report is required.

§ 9 Horizontal effects

Fundamental rights also apply, by analogy, to the relationship between individuals.

C. Control of State Power

10 § 10 Separation of powers

The organisation of the state and the exercise of public authority are based on the principle of the separation of powers.

§ 11 Advertising

1 Legislative acts must be published.

2 The authorities shall provide information concerning their activity.

12 § 12 Right of petition

Everyone can make requests to the authorities. They are required to respond to them.

13 Legal protection

Everyone is entitled to the protection of their rights.

§ 14 Procedural Guarantees

1 Everyone has, in the proceedings before the authorities, the right to be heard and the right to protection of good faith.

2 Everyone has the right to consult the files which concern him or her in so far as there is no overriding public or private interest.

§ 15 Function secret

In their dealings with individuals and in the processing of personal data, the authorities are bound by the secrecy of function within the framework defined by law.

§ 16 Liability

The State shall respond in accordance with the law of the damage caused by its organs.

III. People and state power

§ 17 Principle

Any state power emanates from the people.

§ 18 Active citizens

1 Every Swiss citizen residing in the canton has the right to vote if he or she is at least 18 years of age and is not forbidden due to mental illness or weakness of mind. 1 The law regulates the exercise of the right to vote.

2 An active citizen is eligible for an official function. The law may provide for objective conditions of eligibility.


1 Accepted in popular vote of 2 June 1991, in force since 1 Er August 1991. Ass Warranty. Fed. On 9 Oct. 1992 (FF 1992 VI 142 art. 1 ch. 5, III 645).

§ 19 Participation of foreigners

Foreigners may participate in communal affairs in an advisory capacity, in accordance with the law.

§ 20 Elections by the people

1 The people elect:

1.
Members of the Grand Council;
2.
Members of the Council of Etat;
3.
Advisers to States;
4.
The presidents, members and substitutes of the district courts;
5. 1
...
6. 2
Justices of the peace.

2 The law may provide for other elections by the people.

3 The electoral district is:

1.
The district for the members of the Grand Council;
2.
The canton for members of the Council of State and advisers to states;
3.
The territory on which the judge or official exercises his or her jurisdiction, in other cases.

4 The Grand Council is elected according to the system of proportional representation. The majority system is applicable to all other elections.


1 Repealed popular vote of 29 Nov 2009, with effect from 1 Er Jan. 2011. Ass Warranty. Fed. Of Dec 8. 2010 ( FF 2011 255 Art. 1 ch. 2, 2010 4463).
2 Accepted in popular vote of 23 Oct. 2011, effective from 1 Er Jan 2012. Ass Warranty. Fed. On March 11, 2013 ( FF 2013 2335 Art. 1 ch. 4, 2012 7877).

§ 21 Principle of majority

In popular votes, decisions are taken by a majority of votes.

§ 22 Referendum in legislative matters

The laws and orders of the Grand Council on international treaties and concordats are put to the vote of the people when 30 members of the Grand Council express themselves in that direction or when 2000 active citizens demand it within three months Following their publication.

§ 23 Financial Referendum

1 The Grand Council orders providing for a single and undetermined expenditure of more than 3 000 000 francs or periodic and undetermined annual expenditure of more than 600 000 francs shall be put to the vote of the people.

2 The orders providing for single and undetermined expenditure of more than 1 000 000 francs or periodic and undetermined annual expenditure of more than 200 000 francs shall be put to the vote of the people when 2000 active citizens request it in Three months as soon as they are published.

3 Orders relating to expenditure that are determined in advance in a manner that is binding as to their purpose and importance under federal law or by law shall not be subject to the vote of the people.

§ 24 Referendum for other orders

1 The law may submit other orders of the Grand Council to an optional referendum.

2 The Grand Council may itself submit its orders to the people's vote.

§ 25 Revocation

1 20 000 active citizens may request the removal of the Grand Council or the Council of State.

2 The deadline for collecting signatures is three months. The request must be submitted to the people's vote in a new three-month period.

3 If the people decide to revoke, new elections will take place within three months.

§ 26 People's Initiative

1 4000 active citizens may request the adoption, amendment or repeal of constitutional or legal provisions.

2 The deadline for collecting signatures is six months.

3 The application may be presented as a request in general terms or as a draft of all documents.

4 A popular initiative may be withdrawn until the vote is fixed. Any initiative must be provided with a withdrawal clause.

§ 27 Procedure for Popular Initiatives

1 The Council of State sees the successful outcome of the popular initiative.

2 The Grand Council decides on its validity.

3 The Grand Council decides whether to proceed with the initiative. When it rejects it, it must be put to the popular vote.

4 When the Great Council opposes a counter-project to the popular initiative, voters can approve both projects. In response to the sub-question, they may indicate which project they prefer should the two be accepted. 1

5 ... 2


1 Accepted in popular vote of 13 Feb 2011, in force since 1 Er March 2011. Ass Warranty. Fed. On March 6, 2012 ( FF 2012 3603 Art. 1 ch. 5, 2011 7403).
2 Repealed popular vote of 13 February 2011, with effect from 1 Er March 2011. Ass Warranty. Fed. On March 6, 2012 ( FF 2012 3603 Art. 1 ch. 5, 2011 7403).

§ 28 Right of Proposal to Confederation

The canton's right of proposal to the Federal Assembly can be exercised through the popular initiative.

IV. Authorities

A. Organization Principles

§ 29 Incompatibilities

1 No one may belong to the supervisory authority for which it is directly dependent.

2 The members of the Council of State, the Chancellor of State, the members and substitutes of the Supreme Court, the Administrative Tribunal, the Court of Restraint Measures and the Boards of Appeal, as well as the staff of the district courts, The courts, administration and public law institutions of the canton, which are not elected by the people, cannot sit in the Grand Council. 1

3 The members and alternates of a court or municipal authority may not be members of the Council of State.

4 The law regulates other incompatibilities of functions.


1 Accepted in popular vote of 29 Nov 2009, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of Dec 8. 2010 ( FF 2011 255 Art. 1 ch. 2, 2010 4463).

§ 30 1 Exclusion of parents and allies

1 Cannot sit at the same time in the same authority:

1.
Spouses;
2.
Parents and their children or the spouses of their children;
3.
Brothers and sisters and their spouses.

2 Persons connected by a registered partnership or forming a de facto life community are assimilated to the spouses.

3 The exclusion of parents and allies does not apply to the Grand Council or the legislatures of the communes.

4 The law regulates other exceptions to the exclusion of parents and allies.


1 Accepted in popular vote of 8 Feb 2009, in force since 1 Er June 2009. Ass Warranty. Fed. Of Dec 10. 2009 ( FF 2009 8295 Art. 1 ch. 2,5361).

§ 31 Recusal

Members of an authority are required to respect the obligation to recuse when they have a direct interest or an important indirect interest in the case.

§ 32 1 Function Period

The period of office is four years for persons and members of the authorities who are elected by the people or by the Grand Council or for which the law provides for an election for a period of office.


1 Accepted in popular vote of 10 June 2001, in force since 1 Er June 2004. Ass Warranty. Fed. Of the 237-7. 2002 ( FF 2002 6133 Art. 1 ch. 7 3304).

§ 33 Head-place, place of meetings and seat

1 Frauenfeld is the capital of the canton.

2 The Grand Council holds its summer session in Frauenfeld, its winter session in Weinfelden.

3 The seat of the Council of State is in Frauenfeld.

4 The seat of the cantonal courts is determined by law.

B. Grand Council

§ 34 Members, status

1 The Grand Council has 130 members.

2 It shall establish its own internal rules.

3 Members shall exercise their mandate freely. They do not incur any legal liability for what is said before the Council or in the committees.

§ 35 Advertising

The debates of the Grand Council are public.

§ 36 Jurisdiction in legislative matters

1 The Grand Council shall adopt in law all fundamental and important legal standards, in particular with regard to the rights and obligations of individuals, the organization of the canton and its institutions and corporations, as well as the Procedure before the authorities. The laws are subject to double deliberation.

2 It decides on international treaties and concordats, in so far as the Council of State is not competent. International treaties and concordats have the same effects as the law.

3 It may issue orders to the extent permitted by the constitution.

§ 37 Supervisory Jurisdiction

1 The Grand Council exercises high supervision in the canton.

2 It approves on an annual basis the management reports of the State Council and the cantonal courts, as well as the activity reports of the independent cantonal institutions.

§ 38 Jurisdiction in matters of election

1 The Grand Council shall elect the President and the Vice-President of the Council of State for the duration of one year. The President shall not be re-elected for the following year.

2 It shall elect the Chancellor of State, the Presidents, members and substitutes of the cantonal courts and the Attorney General. 1


1 Accepted in popular vote of 29 Nov 2009, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of Dec 8. 2010 ( FF 2011 255 Art. 1 ch. 2, 2010 4463).

§ 39 Financial competence

1 The Grand Council approves the budget and the state accounts. It sets the tax rate.

2 It decides on the use of new borrowing.

3 It decides on new expenditure, subject to popular rights, as well as in the acquisition or disposal of real property rights, insofar as the Council of State is not competent.

§ 40 Other responsibilities

1 The Grand Council shall exercise, subject to popular rights, the rights of participation that the federal constitution 1 Confers on the cantons.

2 It takes a position on the canton's guidelines, provided that the law does not provide for their approval. It may issue injunctions to the Council of State concerning such plans.

3 It regulates salaries, pensions and pensions.

4 It shall determine the cantonal emoluments and the cantonal emoluments in so far as the law does not declare the Council of State or the bodies of the institution competent in this respect.

5 It grants the right of cantonal city.

6 He exercises the right of grace.

7 The Act may give it other powers.


1 RS 101

C. State Council

§ 41 Members, collegiality

1 The Council of State has five members.

2 It acts as a collegial authority. Its decisions require the participation of at least three members.

3 Only one of its members can be a member of the Federal Assembly at the same time.

§ 42 Relations with the Grand Council

1 The members of the Council of State shall participate, with a consultative vote, in the meetings of the Grand Council.

2 The Council of State may make proposals.

3 It shall submit to the Grand Council, on its own initiative or on its terms of reference, draft legislative acts or orders.

4 The members of the Council of State shall not be liable for any legal liability for the views expressed in the Grand Council or in its committees.

§ 43 Normative competence

1 The Council of State shall issue the ordinances necessary for the execution of the laws of the Confederation and the canton or which the law gives it jurisdiction to enact.

2 It concludes, with the Confederation, the cantons or foreign states, the agreements necessary for the execution of the law or that the law gives it jurisdiction to conclude.

3 The content and extent of the delegation of jurisdiction must be determined by law.

§ 44 NecessessState

1 In the event of an overriding need or serious disorder of public order and security, the Council of State may derogate from the constitution and the law. It must be accountable to the Grand Council without delay.

2 The measures taken in a state of need remain valid when the Grand Council approves them. They shall cease to have effect at the latest after one year.

§ 45 Financial competence

1 The State Council shall draw up the budget and keep the accounts of the State. It manages the state finances.

2 It is responsible for the use of loans or borrowing and the acquisition or disposal of real property rights up to 500 000 francs.

3 It is competent in the field of single and undetermined expenditure up to 100 000 francs and periodic and undetermined annual expenditure up to 20 000 francs.

§ 46 Representation, direction and supervision

1 The Council of State represents the canton and leads the administration. It ensures, within the framework of the law, an efficient and rational organisation and a simple procedure.

2 It shall exercise supervision over the communes and other holders of State tasks, insofar as the law does not establish another supervisory authority.

3 In its decisions on administrative appeals, it also examines the conformity of the regulations applied to the constitution and the law.

§ 47 Organization of administration

1 The administration is divided into five departments, plus the State Chancellery.

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

3 The Chancellor heads the Chancellery. This is available to the Council of State and the Grand Council.

4 The law may entrust certain tasks to independent public law corporations or institutions or to private individuals.

§ 48 Delegation of enforcement competence

1 To the extent that the law does not explicitly determine the implementing powers, the Council of State may delegate to the departments, the Chancellery or the subordinate administrative departments the competence to settle certain cases in a way that Independent.

2 Subdelegation is not allowed.

§ 49 1 Staff

The State Council regulates the service reports of the staff of the State and of the teaching staff to the extent that the constitution does not provide otherwise.


1 Accepted in popular vote of 10 June 2001, in force since 1 Er June 2004. Ass Warranty. Fed. Of the 237-7. 2002 ( FF 2002 6133 Art. 1 ch. 7 3304).

§ 50 Commissions

1 Committees responsible for advising the Council of State or the various departments in particular areas may be established by law, by way of order or by decision of the Council of State.

2 These committees do not have decision-making powers.

3 Members of these committees may be hired for a period of office, for a limited period or for an unlimited period of time. 1


1 Accepted in popular vote of 10 June 2001, in force since 1 Er June 2004. Ass Warranty. Fed. Of the 237-7. 2002 ( FF 2002 6133 Art. 1 ch. 7 3304).

D. Judicial authorities

§ 51 Independence

1 The judicial authorities are bound only by the law and are independent in their judgment.

2 The law regulates the organisation and judicial procedure. It determines the powers of the courts in terms of appointment and appointment, as well as in normative matters. 1


1 Accepted in popular vote of 10 June 2001, in force since 1 Er June 2004. Ass Warranty. Fed. Of the 237-7. 2002 ( FF 2002 6133 Art. 1 ch. 7 3304).

§ 52 Civil Jurisdiction

1 The civil court shall be exercised by:

1. 1
The Supreme Court;
2. 2
District courts;
3.
Justices of the peace.

2 The law may provide for special courts. 3


1 Accepted in popular vote of 28 Nov 1999, in force since 1 Er Nov 2000. Ass guarantee. Fed. Of 27. 2000 ( FF 2000 4772 Art. 1 ch. 3 3310).
2 Accepted in popular vote of 29 Nov 2009, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of Dec 8. 2010 ( FF 2011 255 Art. 1 ch. 2, 2010 4463).
3 Accepted in popular vote of 29 Nov 2009, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of Dec 8. 2010 ( FF 2011 255 Art. 1 ch. 2, 2010 4463).

§ 53 1 Criminal jurisdiction

1 Have judicial powers in criminal proceedings:

1.
The Supreme Court;
2.
District courts;
3.
The court for coercive measures;
4.
The Attorney General and the public prosecutors;
5.
Lawyers for minors.

2 The criminal prosecution is carried out by:

1.
The police;
2.
The Attorney General and the public prosecutors;
3.
Lawyers for minors.

1 Accepted in popular vote of 29 Nov 2009, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of Dec 8. 2010 ( FF 2011 255 Art. 1 ch. 2, 2010 4463).

§ 54 Administrative Jurisdiction

The Administrative Court shall exercise the administrative jurisdiction of the last instance in matters for which the law does not provide for the definitive competence of the Grand Council, the Council of State, one of its departments or another authority.

§ 55 Monitoring

1 The Supreme Court exercises supervision of the civil jurisdiction and the criminal court, the Administrative Court of the administrative court outside the administration.

2 ... 1


1 Repealed popular vote of 29 Nov 2009, with effect from 1 Er Jan. 2011. Ass Warranty. Fed. Of Dec 8. 2010 ( FF 2011 255 Art. 1 ch. 2, 2010 4463).

The cantonal territory

A. 3 Districts

§ 56 Township Divisions

The territory of the canton is divided into five districts. The law determines their scope and the tasks of the authorities.

B. Commons

§ 57 Status, Types, Tasks

1 The municipalities are autonomous public law corporations.

2 Political communes carry out local tasks to the extent that the law does not provide for the competence of other communities. They confer the right of the city.

3 School communes carry out the tasks of school education and training. The law regulates their status, their organisation and the territory they cover.

4 The bourgeois municipalities manage the bourgeois properties.

§ 58 Existence, territory

1 The existence of political communes is guaranteed within the framework of the Constitution.

2 Changes in the number of political communes require their agreement and the approval of the Grand Council.

3 The changes in the territory of the political communes require their agreement and the approval of the Council of State.

4 The Grand Council may, for important reasons, decide on changes in the existence or territory of political communes in so far as at least half of the municipalities concerned consent.

§ 59 Communal Autonomy

1 Political communes freely determine their organisation within the framework of the constitution and the law.

2 The municipal regulation is subject to the vote of the people and must obtain the approval of the Council of State.

3 The communes appoint their authorities, settle the service reports of their staff, hold their accounts and exercise, in their own field, their tasks independently. 1


1 Accepted in popular vote of 10 June 2001, in force since 1 Er June 2004. Ass Warranty. Fed. Of the 237-7. 2002 ( FF 2002 6133 Art. 1 ch. 7 3304).

§ 60 Intercommunal Collaboration

The canton encourages collaboration between municipalities.

§ 61 Syndicates of communes

1 Municipalities and other public law corporations may form joint unions for the performance of certain tasks.

2 The Grand Council may, for relevant reasons, compel the communes to set up or join trade unions.

3 The law determines the necessary content of the union's statutes. It ensures that active citizens have sufficient rights of participation. The statutes of trade unions must be submitted to the Council of State for approval.

VI. State tasks

A. Principles

§ 62 State Purpose

The state protects freedom and promotes the prosperity of the people, the family and the individual.

§ 63 Jurisdiction

1 The canton must assume only the tasks conferred on it by federal law or this Constitution.

2 Where the constitution confers a grant to the canton and the municipalities, the primary responsibility lies with the communes, provided that the law does not provide otherwise.

B. Tasks

1. Public Order

§ 64 Warranty

The canton and the communes guarantee public order and security.

2. Social security and health

§ 65 Social security

The canton and the municipalities support social security. They may maintain institutions of foresight, assistance or resocialization.

§ 66 Humanitarian aid

The canton and the municipalities can provide humanitarian aid in and out of the canton.

§ 67 Labour, Social Peace

1 The canton is taking measures to prevent unemployment and to mitigate its consequences.

2 It provides career guidance and placement. It encourages continuing vocational training and supports retraining.

3 It can act as a mediator between the social partners.

§ 68 Health

1 The township and the communes promote the health of the population.

2 They encourage sporting activities.

3 The canton monitors and coordinates the health sector. It ensures that there is sufficient medical assistance.

§ 69 Hospitals, care facilities, rehabilitation

The canton and the communes operate or support institutions for the care of the sick, the elderly and the disabled. They promote rehabilitation.

3. Training and Culture

§ 70 School system

1 The canton and the school districts assist parents in the training and education of children.

2 Primary and lower secondary school is compulsory.

3 The canton monitors the whole school system.

§ 71 Ecoles

1 The canton and the school communes maintain:

1.
Kindergartens;
2.
Compulsory education institutions;
3.
Vocational schools;
4.
Upper secondary schools.

2 Attendance at public schools is free for the inhabitants of the canton.

3 The canton can support private schools or educational institutions. The principle and the existence of the public school must be safeguarded.

§ 72 1 High schools, special schools

1 The township ensures access to universities, specialized high schools, other high schools, higher schools and specialized schools.

2 It can manage or support such schools.


1 Accepted in popular vote of 13 June 1999, in force since 1 Er Oct. 2001. Ass Warranty. Fed. On 14 June 2000 ( FF 2000 3419 Art. 1 ch. 6 1048).

§ 73 Fellowships

The township grants contributions or loans for the funding of training.

§ 74 Adult education

The canton and the communes encourage adult education.

§ 75 Culture

1 The canton and the communes encourage cultural creation.

2 They promote the conservation of cultural property and can maintain cultural institutions.

4. Environment, spatial planning and transport

§ 76 Environment, Nature and Heritage Protection

1 The canton and the communes protect man and his natural environment from harmful and troubleful influences.

2 They ensure the conservation of the sites and the specific character of the landscape.

3 They oppose measures affecting the natural conditions and balances of lake and river landscapes of Lake Constance, Lower Lake and the Rhine.

§ 77 Land use planning and construction

1 The Township and the Municipalities regulate the use of the land and its operation for construction purposes.

2 They may take measures to encourage the construction of housing.

§ 78 Public Domain, Watercourses and Roads

The Township and the Municipalities regulate the use and use of the public domain, the maintenance and correction of watercourses, and the construction and maintenance of the road network.

§ 79 Transport

1 The Canton and the communes shall ensure the equipment of their territory in communication channels.

2 They encourage public transport and can operate transport companies.

5. Economy

§ 80 Economic Promotion and Economic Policy

1 The canton and the communes promote a balanced development of the Thurgovian economy.

2 They may subject the exercise of economic activities to police rules to the extent that they require public order and security.

§ 81 Agriculture and Forestry

1 The canton is taking measures to encourage agriculture and the forest economy.

2 It can maintain its own operations.

§ 82 Water, energy, energy efficiency promotion 1

1 The canton and the municipalities ensure the supply of water and energy. They encourage measures aimed at their economic use.

2 They may operate distribution undertakings and power generating stations.

3 They support measures aimed at the use of environmentally friendly renewable energies and create incentives for the efficient and efficient use of energy in the canton. 2


1 Accepted in popular vote of 15 May 2011, in force since 1 Er Jan 2012. Ass Warranty. Fed. On March 11, 2013 ( FF 2013 2335 Art. 1 ch. 4, 2012 7877).
2 Accepted in popular vote of 15 May 2011, in force since 1 Er Jan 2012. Ass Warranty. Fed. On March 11, 2013 ( FF 2013 2335 Art. 1 ch. 4, 2012 7877).

§ 83 Cantonal Bank, Property Insurance

The canton has a cantonal bank and a compulsory property insurance institution.

6. Equal

§ 84 Content

1 The canton has exclusive economic exploitation:

1.
Hunting;
2.
Fishing;
3.
Mines and the deposition of materials in the basement;
4.
Geothermal energy;
5.
Of the salt trade.

2 He can concede the exploitation.

3 Existing private rights remain reserved.

VII. Financial regime

§ 85 Jurisdiction in tax matters

1 The canton shall levy the taxes necessary for the performance of its tasks.

2 Political communes and school communes have the right to levy taxes in the form of supplements to the main taxes.

§ 86 Main taxes

1 The income and capital of natural persons and the profit and capital of legal persons are the subject of the main taxes.

2 This includes determining the economic capacity of persons subject to the Act.

§ 87 Incidental taxes

The law determines other taxes.

§ 88 Other contributions

The Township and the Municipalities may levy further contributions for the benefits they provide directly to individuals.

§ 89 Finance

1 The canton and the municipalities must manage their finances in an economical, economic and balanced way in the medium term. The economic situation must be taken into account in an appropriate manner.

2 The principle of advertising applies to the budget and the accounts.

§ 90 Fiscal Equalization

Through fiscal equalization, the canton promotes a healthy development of municipalities and strives to achieve a balanced tax burden.

VIII. State and Church

§ 91 National churches

Evangelical and Roman Catholic religious communities are national churches of recognized public law.

§ 92 Organization

1 The national churches regulate their internal affairs independently.

2 They settle cases which concern the state domain as well as the ecclesiastical domain in a normative act which must be in conformity with the principles of the democratic rule of law. This act is subject to popular vote in the National Church and must be approved by the Grand Council.

3 The higher authority of each national church is a parliament. It adopts the law of organisation and elects the implementing bodies.

§ 93 Paroisses

1 The national churches are divided into parishes with legal personality.

2 The parishes may levy taxes, in the form of supplements to the principal taxes, for the performance of the tasks of worship in parishes, national churches and religious communities, within the framework of the legislation Denominational.

IX. Revision of the Constitution

§ 94 Partial revision, total revision

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

2 A partial review may involve a single provision or several related provisions.

§ 95 Procedure

1 The revision is undertaken in accordance with the legislative procedure.

2 It is put to the people's vote.

X. Transitional and final provisions

§ 96 Validity of prior right

1 The law enacted before the entry into force of this Constitution shall continue to apply insofar as it is not contrary to the latter.

2 The right laid down by an authority which no longer has jurisdiction under this Constitution or under any other procedure shall remain applicable until its modification in the forms prescribed by this Constitution.

3 The tasks which the canton assumes under a law at the time of entry into force of this Constitution do not require a basis in the Constitution, provided that they are not extended.

§ 97 Referendum for current projects

The normative acts adopted by the Grand Council at the time of entry into force of this Constitution shall be subject to the vote of the people under the former right.

§ 98 Districts and Municipalities

1 District Councils shall be maintained until the end of the administrative period in which this Constitution comes into force. The Council of State determines the necessary powers until a new legal regulation is adopted.

2 The creation of political communes must be undertaken within ten years of the entry into force of this Constitution. Subsequently, the law refers to the political communes whose existence is guaranteed by this Constitution.

3 The new plans provided for in paras. 1 and 2 shall be established within 15 years of the entry into force of this Constitution.

§ 99 1 End of current function periods

Justices of the peace, civil servants of the prosecution offices, prefects and vice-prefects ( Bezirksstatthalter und Vizestatthalter ), the investigating judges, the lawyers of the minors, the prosecutors and the members and alternates of the district courts, the Indictments Chamber and the Supreme Court which are in office at the time of entry into force of this Law shall Their mandate is to be concluded at the time of the entry into force of the Code of Civil Procedure, Switzerland of the Swiss Code of Criminal Procedure and of the Federal Law on Criminal Procedure for Minors.


1 Accepted in popular vote of 29 Nov 2009, in force since 1 Er Jan. 2011. Ass Warranty. Fed. Of Dec 8. 2010 ( FF 2011 255 Art. 1 ch. 2, 2010 4463).

§ 100 Entry into force

1 This Constitution replaces the Constitution of the canton of Thurgau of 28 February 1869.

2 It shall enter into force on the date determined by the Council of State after its adoption by the people and the grant of the guarantee by the Federal Chambers.

Index of Contents

Numbers refer to articles and divisions of articles of the Constitution

Administration Organization 47

Age

-
As a condition of voting rights 18 1

Agriculture 81

Humanitarian aid 66

Land use planning 77

Property Insurance 83

Authorities

-
State activity 2
-
Judicial authorities v. Tribunals
-
Communes v.
-
Council of State v. Council of State
-
Districts v. Districts
-
Information 11 2
-
Responsibility 16
-
Grand Council v. Grand Council
-
Organizational principles
-
Function duration 32
-
Challenge 31
-
Incompatibilities 29
-
Exclusion of parents and allies 30

Cantonal Bank 83

Fellowships 73

Budget V. State Accounts

Canton

-
Cantonal bank 83
-
Citizen of the township v. Citizen
-
Competence 63
-
Township divisions 56
-
Relations with the Confederation and the cantons 1

Hunting 84

Chancery 47 3

Chef-lieu Of Township 33 1

Circles V. Electoral district

Electoral Districts 20 3

Citizen

-
Communes Bourgeois v. Communes
-
Communal city right 57 2
-
Cantonal city law 40 5
-
Right to vote, eligibility 18

Commissions 50

Boards of Appeal 29 2

Commons

-
Communal autonomy 59
-
Collaboration between municipalities 60
-
Bourgeois communes 57 4
-
Existence 58
-
Parishes 93
-
Participation of foreigners 19
-
Policy 57 2 , 98 2
-
Status 57
-
Common unions 61
-
Tasks 57 2, 3
-
Territory 58
-
Types 57

State accounts

-
Orders 39 1
-
Projects 39 1 , 45 1
-
Advertising 89 2

Contestants Referendum 22

Confederation

-
Right of proposal in canton 28

Council to States Elections 20 1

Council of State

-
College authority 41 2
-
Commissions established 50
-
Execution competence 48
-
Financial competence 45
-
Normative competence 43
-
Departments 47 1, 2
-
Direction 46
-
Necessity status 44
-
Maximum members of the Federal Assembly 41 3
-
Members 41 1
-
Dealings with the Grand Council 42
-
Representation 46
-
Dismissal by the people 25 1
-
Seat 33 3
-
Monitoring 46

Construction 77

Contributions 88

Supreme Court V. Tribunals

Culture 75

Expenditures

-
Competence of the Council of State 45
-
Jurisdiction of the Grand Council 39 3
-
Financial referendum 23

Transitional and final provisions 96-100

Districts

-
District authorities 56, 98 1
-
District council 98
-
Township divisions 56
-
District Courts v. Tribunals

Public Domain 78

Freedom of the City V. Citizen

Right to vote 18 1

Permissions

-
Control of state power
-
Right of petition 12
-
Legal protection and procedural guarantees 13, 14
-
Advertising 11
-
Responsibility 16
-
Function secret 15
-
Separation of powers 10
-
Fundamentals 5-9
-
Human dignity 5
-
Equality 3
-
Warranty of property 7
-
Procedural guarantees 14
-
Freedom of association and assembly 6
-
Freedom of belief and conscience 6
-
Freedom of scientific education and research 6
-
Freedom of establishment 6
-
Freedom of information, opinion and press 6
-
Personal freedom 6
-
Free choice of profession and freedom of economic activity 6
-
Protection of the intimate and secret sphere 6
-
Separation of powers 10
-
Horizontal effects 9
-
Limitations on fundamental rights 8
-
Policies
-
Voting rights 18
-
Elections v. Elections
-
Participation 19ss.
-
Proposals v. Initiative
-
Revocation of the Grand Council of the Council of State 25

Waters 78, 82

School V. Training

Economy

-
Property insurance 83
-
Cantonal bank 83
-
Waters 82
-
Forest economics and agriculture 81
-
Energy 82
-
Economic police 80 2
-
Economic promotion 80 1

Equality Before the law 3

Churches

-
National churches 91
-
Organization 92
-
Parishes 93

Elections

-
By the Grand Council
-
Chancellor 38 2
-
Members and substitutes of courts 38 2
-
Chairs 38 1
-
Attorney General 38 2
-
By the people
-
State Council 20 1
-
Advisers to States 20 1
-
Grand Council 20 1
-
Justices of the peace 20 1
-
Members of District Courts 20 1

Eligibility

-
In general 18
-
Exclusion of parents and allies 30

Emoluments 40 4

Borrowings 39 2

Energy 82, 84

Environment 76 1, 82 3

Establishment

-
As a condition of voting rights 18 1
-
Freedom of establishment 6

State

-
State purpose and competence 62, 63
-
Chancellor 47 3
-
Election 38 2
-
State and Budget Account v. Accounts of the State
-
Rule of law, principles 2ss.
-
State and Church 91ss.
-
Requirements for the activity of the State 2
-
Finance v. Finance
-
Staff 49
-
Power 17
-
Separation of powers 10
-
Control of power 10-17
-
Attorney General
-
Election 38 2
-
Tasks 53 2
-
Regales 84
-
62ss tasks.
-
International treaties and concordat 36 2

Foreigners Participation in advisory capacity 19

Executing

-orders 36 1
-delegation 48
-by the Council of State 43, 46

Finance , financial system 85-90

-
Other contributions 88
-
Financial management 89
-
Taxes v. Taxes
-
Fiscal equalization 90
-
Referendum on financial matters v. Referendum

Function

-
Duration of function 32, 50 3 , 99
-
Eligibility 18 2
-
Exclusion of parents and allies 30
-
Incompatibilities 29
-
Function secret 15

Forests , Forest Economics 81

Training

-
Grants, contributions 73
-
Schools 71
-
Adult education 74
-
High schools 72
-
School system 70
-
Universities 72

Guarantees V. Permissions

Thanks 40 6

Grand Council

-
Other allocations 40
-
Election competence 38
-
Financial competence 39
-
Legislative competence 36
-
Function duration 32
-
Exclusion of parents and allies 30
-
Incompatibilities 29
-
Place of meetings 33 2
-
Members 34
-
Procedure for popular initiatives 27
-
Advertising 35
-
Dismissal by the people 25 1
-
Status 34
-
Monitoring 37

Immunity Members of the Grand Council 34 3

Taxes

-
Jurisdiction in tax matters 85
-
Primary taxes 86
-
Ancillary taxes 87
-
Supplements 85 2
-
Tax rate 39 1

Incompatibilities

-
In general 29
-
Maximum members of the Federal Assembly 41 3

Initiative

-
Township initiative 28, 40 1
-
Popular initiatives
-
Counterproject 27 4
-
Legislative initiative 26
-
Procedure 27
-
Revision of the Constitution 26
-
Revocation of the Grand Council of the Council of State 25

Judges V. Tribunals

Administrative Jurisdiction 54

Civil Jurisdiction 52

Criminal jurisdiction 53

Lake Constance, Lower Lake and the Rhine 76 3

Lequality , principle 2 2

Freedom of association 6

Freedom of belief and conscience 6

Freedom of the press 6

Freedom of assembly 6

Freedom of information and opinion 6

Freedoms V. Also Fundamental rights

Law

-
Counterproject 27 4
-
Debates 35, 36
-
Running 43
-
Legislative initiative 26
-
Publication 11 1
-
Legislative referendum 22

Majoritary , electoral system 20 4

Nature and heritage , protection 76

Necessity , necessity status 44

Public Order and Security 64

Social Peace 67

Parents and allies In the same authority 30

Registered partnership In the same authority 30

Fishing 84

Staff

-
Of communes 59 3
-
Of Township 49

Related persons In the same authority 30

People 17

-
Elections v. Elections
-
Initiative v. Initiative
-
Vote v. Votation

Power

-
Separation of powers 10
-
Control of power 10-17

Procedure , legal protection 13

Proportional , electoral system 20 4

Proposals V. Initiative

Property Warranty 7

Protection V. Also Rights

-
Individual freedoms 6
-
Nature and heritage 76
-
Property 7
-
Legal protection and procedural guarantees 13, 14
-
Retroactivity 4
-
Function secret 15
-
Social security 65
-
Intimate and secret sphere 6

Public/public, advertising

-
Published normative acts 11
-
Authorities and their activities 11
-
Budget and accounts 89 2
-
Grand Council debates 35
-
Public domain 78
-
Public order and security 35

Management Report

-
Approval 37 2

Recusal 31

Referendum (Popular vote)

-
In legislative matters
-
Optional 22, 24
-
Mandatory 59 2 , 95 2
-
In financial matters
-
Optional 23 2
-
Required 23 1

Equal 84

Religion V. Churches

Liability

-
Of state 16
-
Members of the Grand Council (immunity) 34 3
-
Members of the Council of State (immunity) 42 4

Retroactivity 4

Revision Of the cantonal constitution

-
Popular initiative 26 1
-
Procedure 95
-
Partial revision 94
-
Total revision 94 1

Revocation 25

Health 68

-
Hospitals, care facilities, rehabilitation 69

Social security 65

Salt 84

Soil , operating 84

Monitoring (high monitoring)

-
Of the State Council 46
-
Of the Grand Council 37
-
Of the Supreme Court 55 1
-
Of the Administrative Tribunal 1

Electoral system 20 4

Transport 79

Working 67

Administrative Tribunal V. Tribunals

Tribunals

-
Minors' lawyers 53
-
Appeal boards 29 2
-
Supreme Court 52 1 , 53 1 , 55
-
End of period of function 99
-
Incompatibilities 29
-
Independence 51
-
Peace judge 20 1 , 52 1
-
Judges, elections 20 38 2
-
Attorney General 53
-
Seat 33 4
-
Administrative Tribunal 54, 55
-
Court of constraint measures 53 1
-
Special courts 52 2
-
District Courts 52 1 , 53 1

Universities 72

Votation V. People, Popular Initiative

-
Legislative initiative 26, 27
-
Upon the revocation of the Grand Council of the Council of State 25
-
Principle of majority 21
-
Ongoing projects 97
-
Legislative referendum 22, 24
-
Revision of the Constitution 26, 27, 94, 95

Status on March 11, 2013