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Author : Charles F. Schuetz,Carleton University. Department of Political Science
Publisher : Unknown
Page : 60 pages
File Size : 53,5 Mb
Release : 1982
Category : Canada
ISBN : STANFORD:36105063296722
Author : Thomas Fleiner,Alexander Misic,Nicole Töpperwien
Publisher : Kluwer Law International B.V.
Page : 310 pages
File Size : 40,6 Mb
Release : 2005-01-01
Category : Law
ISBN : 9789041124043
Switzerland is not only one of the oldest democracies in the world, but also an enduring model of peaceful multiethnic policy, characterized by a Constitution that is constant flux. The new Federal Constitution of the Swiss Confederation took effect on January 1, 2000; and it is with the intention of staying abreast of the constitutional changes and of the case law of the Federal Court that the authors have prepared the current volume. A general introduction of the constitutional history and the foundations of the Swiss political system are followed by the following issues: Sources of Swiss Constitutional Law; Organisational Design of the Swiss Confederation; Federalism in General and the Position of the Cantons and the Municipalities in the Swiss Confederation; Citizenship, Fundamental Rights and Liberties and their Judicial Protection, Protection of Minorities, Judicial Control of Administrative Action; Treaty and Foreign Affairs Powers, Taxing and Spending Powers, the Relationship between the State and the Church. Thomas Fleiner is Professor of constitutional and administrative law and Director of the Institute for Federalism at the University of Fribourg, Switzerland; Alexander Misic, lic.iur., LL.M.; Nicole Toepperwien, Dr. iur., LL.M.
Author : Federal Administration of Switzerland
Publisher : Good Press
Page : 57 pages
File Size : 51,6 Mb
Release : 2021-04-11
Category : Fiction
ISBN : EAN:4064066459994
The Federal Constitution of the Swiss Confederation of 18 April 1999 is the third and current federal constitution of Switzerland. The document contains a catalog of individual and popular rights, delineates the responsibilities of the cantons and the Confederation, and establishes the federal authorities of government.
Author : Xenophon Contiades,Alkmene Fotiadou
Publisher : Taylor & Francis
Page : 212 pages
File Size : 50,9 Mb
Release : 2016-10-04
Category : Law
ISBN : 9781317083894
This book explores the recent trend of enhancing the role of the people in constitutional change. It traces the reasons underlying this tendency, the new ways in which it takes form, the possibilities of success and failure of such ventures as well as the risks and benefits it carries. To do so, it examines the theoretical aspects of public participation in constitutional decision-making, offers an analysis of the benefits gained and the problems encountered in countries with long-standing experience in the practice of constitutional referendums, discusses the recent innovative constitution-making processes employed in Iceland and Ireland in the post financial crisis context and probes the use of public participation in the EU context. New modes of deliberation are juxtaposed to traditional direct-democratic processes, while the reasons behind this re-emergence of public involvement narratives are discussed from the aspect of comparative constitutional design. The synthetic chapter offers an overview of the emerging normative and comparative issues and provides a holistic approach of the role of the people in constitutional change in an attempt to answer when, where and how this role may be successfully enhanced. The work consists of material specifically written for this volume, and authored by prominent constitutional scholars and experts in public participation and deliberative processes.
Author : Walter Haller
Publisher : Dike Publishers
Page : 0 pages
File Size : 50,5 Mb
Release : 2016
Category : Constitutional law
ISBN : 3037517921
The Swiss Constitution features a number of characteristics which often attract the attention of observers from abroad: the direct influence of Swiss citizens on political decision-making by means of popular initiatives and referendums; a uniquely "bottom-up" federal structure reflecting the country's cultural and linguistic diversity; a system of government which vests supreme executive power in a multi-party collegiate body; and, finally, a very special model of constitutional justice. Since publication of the first edition of this book in 2009, Swiss constitutional law has undergone significant developments necessitating, in addition to complete revision, the inclusion of a new chapter discussing the tensions that can arise between the increased use of popular initiatives on the one hand and fundamental rights and international law on the other. This book is addressed to lawyers, political scientists, politicians, diplomats, journalists and all those who need basic and precise knowledge on how Switzerland is governed. The author gives a concise presentation of the special characteristics of the Swiss constitutional order, whilst the reader's understanding is enhanced by numerous comparisons with other well-known constitutions. Rapid access to the information sought is facilitated by the detailed subject index. (Series: Swiss Law in a Nutshell) [Subject: Swiss Law, Constitutional Law, Politics]
Author : Switzerland
Publisher : Unknown
Page : 32 pages
File Size : 49,8 Mb
Release : 1896
Category : Constitutional history
ISBN : STANFORD:36105011637548
Federal constitution of the Swiss Confederation (of May 29, 1874) is the third and current federal constitution of Switzerland. It establishes the Swiss Confederation as a federal republic of 26 cantons (states). The document contains a catalog of individual and popular rights (including the right to call for popular referenda on federal laws and constitutional amendments), delineates the responsibilities of the cantons and the Confederation and establishes the federal authorities of government. The Constitution was adopted by a referendum on 18 April 1999, in which a majority of the people and the Cantons voted in favor. It replaced the prior federal constitution of 1874, which it was intended to bring up to date without changing its substance.
Author : Arthur Benz,Felix Knüpling
Publisher : Verlag Barbara Budrich
Page : 420 pages
File Size : 55,6 Mb
Release : 2012-05-30
Category : Political Science
ISBN : 9783866495531
This book analyses constitutional change in federal and decentralizing countries from a comparative perspective. The authors identify structures, processes and strategies which have proven to favour successful constitutional amendment. Thereby, the book enables public officials, scholars, and students to learn from the constitutional reform experiences of other federal democracies and from practical suggestions how future reforms could be designed. From the Contents: The Relevance of Constitutional Change Constitutional Reform in “Co-operative” Federalism Constitutional Reform in Federal Systems with Divided Societies Devolution and Regionalisation in Federalising States Processes of Ratification Evolution after a Constitutional Reform Conclusion
Author : Jonathan Wheatley,Fernando Mendez
Publisher : Routledge
Page : 202 pages
File Size : 52,9 Mb
Release : 2016-05-13
Category : Political Science
ISBN : 9781317083054
To what extent does the constitution-making process matter? By focusing on three central aspects of constitution-making; the nature of the constitution-making body, how it reaches decisions and the way in which a new constitution is legitimized and by examining a wide range of case studies, this international collection from expert contributors provides answers to this crucial question. Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitution-making procedures in new and established states and unions in Europe, South America and Africa.
Author : Xenophon Contiades,Alkmene Fotiadou
Publisher : Routledge
Page : 469 pages
File Size : 46,5 Mb
Release : 2020-06-11
Category : Law
ISBN : 9781351020978
Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.
Author : Switzerland
Publisher : Unknown
Page : 75 pages
File Size : 52,6 Mb
Release : 1980
Category : Switzerland
ISBN : OCLC:15634589
Author : Richard Albert
Publisher : Bloomsbury Publishing
Page : 277 pages
File Size : 40,8 Mb
Release : 2023-05-18
Category : Law
ISBN : 9781509959105
This innovative book blends constitutional theory with real-life political practice to explore the impact of codifying constitutional amendments on the operation of the constitution in relation to democracy, the rule of law, and the separation of powers. It draws from comparative, historical, political and theoretical perspectives to answer questions all constitutional designers should ask themselves: - Should the constitution append amendments sequentially to the end of the text? - Should it embed amendments directly into the existing text, with notations about what has been modified and how? - Should it instead insert amendments into the text without indicating at all that any alteration has occurred? The book examines the 3 major models of amendment codification – the appendative, the integrative, and the invisible models – and also shows how some jurisdictions have innovated alternative forms of amendment codification that combine elements of more than 1 model in a unique hybridisation driven by history, law, and politics. Constitutional designers rarely consider where in the constitution to codify amendments once they are ratified. Yet this choice is pivotal to the operation of any constitution. This groundbreaking book shows why the placement of constitutional amendments goes well beyond mere aesthetics. It influences how and whether a people remembers its past, how the constitutional text will be interpreted and by whom, and whether the constitution will be easily accessible to the governed. A global tour of the high stakes of constitution-making, this book features 18 diverse and outstanding scholars from around the world – across Africa, America, Asia and Oceania, and Europe – raising new questions, opening our eyes to new streams of research, and uncovering new possibilities for constitutional design.
Author : Jeffrey Parker
Publisher : Routledge
Page : 252 pages
File Size : 49,9 Mb
Release : 2014-08-27
Category : Political Science
ISBN : 9781317656470
Intergovernmental agreements are an important instrument in federal systems, establishing new social programs, regulating agricultural practices, and even changing constitutions. Despite their importance, there have only been limited attempts to understand agreements in a comparative context or to provide a theoretical framework for their study. This book addresses both of these deficiencies by comparing the use of agreements in six federations (Australia, Canada, Germany, South Africa, Switzerland and the United States) and considering why certain federations form more agreements than others. Parker analyzes the data using an institutional framework that considers the effects of seven variables, including the constitutional division of powers, the system of intergovernmental transfers, the size of the welfare state and the nature of governing institutions. In addition, the study provides the first ever comparative database of national intergovernmental agreements — a new resource for future research. This book will be of interest to students and scholars of Political Science, Federalism, Government, Political Institutions, Political Theory and Comparative Politics.
Author : Peter J. Katzenstein
Publisher : Cornell University Press
Page : 340 pages
File Size : 43,5 Mb
Release : 1987
Category : Business & Economics
ISBN : 0801494672
Author : Switzerland
Publisher : Unknown
Page : 28 pages
File Size : 48,8 Mb
Release : 1950
Category : Constitution
ISBN : OCLC:858345645
Author : Kenneth McRae
Publisher : Wilfrid Laurier Univ. Press
Page : 297 pages
File Size : 46,7 Mb
Release : 1998-04-29
Category : History
ISBN : 9780889203136
After the French Revolution, Switzerland developed from a country in which German dominated linguistically into a confederation of four officially recognized language groups -- German, French, Italian, Romansh -- concentrated in different geographical areas and marked by distinctive cultures and lifestyles. Following a historical overview of this development and the social and political institutionalization of the linguistic cleavages, McRae's study examines key elements in the functioning of modern Swiss society: political parties, federal and cantonal institutions, the media, educational and cultural policies, the relation between the linguistic cleavages and class and religion, the attitudes and behaviour of the four language groups to one another. It concludes by reviewing the various explanations advanced to explain the relative social and political stability of Switzerland. This book is the first volume in a projected multi-volume work examining four multilingual Western democracies. The volumes to come will focus on Belgium (scheduled for publication in 1985), Finland, and Canada.