Federal Administration of Switzerland

Swiss Federal Constitution of 1874

Published by Good Press, 2021
goodpress@okpublishing.info
EAN 4064066459994

Table of Contents


Chapter I:General Provisions
Chapter II:Federal Authorities
Part I:Federal Assembly
Part II:Federal Council
Part III:Federal Chancery
Part IV:Federal Court
Chapter III:Revision of the Federal Constitution
Chapter IV:Transitional Provisions

Chapter I:General Provisions

Table of Contents

Article 1 [Cantons] Together, the peoples of the 23 sovereign Cantons of Switzerland united by the present alliance, to wit: Zurich, Berne, Lucerne, Uri, Schwyz, Unterwalden (Upper and Lower), Glarus, Zug, Fribourg, Soleure, Basle (City and Rural), Schaffhausen, Appenzell (both Rhodes), St. Gall, Grisons, Aargau, Thurgau, Ticino, Vaud, Valais, Neuchatel, Geneva and Jura, form the Swiss Confederation.

Article 2 [Goals] The aim of the Confederation is to preserve the outward independence of the fatherland, to maintain internal peace and order, to protect the freedom and the rights of the confederates and to promote their common prosperity.

Article 3 [Cantonal Sovereignty] The Cantons are sovereign insofar as their sovereignty is not limited by the Federal Constitution and, as such, exercise all rights which are not entrusted to the federal power.

Article 4 [Equality] (1) All Swiss citizens are equal before the law. In Switzerland there shall be no subjects, nor privileges of place, birth, person or family. (2) Men and women have equal rights. The law shall provide for their equal treatment, especially as regards family, education and work. Men and women are entitled to equal pay for equal work.

Article 5 [Guarantees] The Confederation shall guarantee the Cantons their territory, their sovereignty within the limits set forth in Article 3, their constitutions, the freedom and the rights of the people, the constitutional rights of the citizens as well as the rights and prerogatives conferred upon the authorities by the people.

Article 6 [Cantonal Constitutions] (1) The Cantons are bound to request the Confederation to guarantee their constitutions. (2) This guarantee shall be afforded provided a) these constitutions contain nothing inconsistent with the Federal Constitution; b) they ensure the exercise of political rights according to republican (representative or democratic) forms.

Article 7 [Treaties between Cantons] (1) All separate alliances and all treaties of a political nature between Cantons are prohibited. (2) The Cantons may, however, conclude agreements among themselves concerning matters of legislation, justice and administration, provided they bring such agreements to the notice of the federal authority, which is entitled to prevent the execution of the agreements if they contain anything contrary to the Confederation or to the rights of other Cantons. If this is not the case, the contracting Cantons may request thecooperation of the federal authorities for the execution of such agreements.

Article 8 [War and Foreign Affairs] The Confederation alone has the right to declare war and to make peace, as well as to conclude alliances and treaties, especially customs and commercial treaties, with foreign states.

Article 9 [Cantonal Treaties] Exceptionally, the Cantons retain the right to conclude treaties with foreign states concerning matters of public economy, neighborly relations and police provided such treaties contain nothing contrary to the Confederation or to the rights of other Cantons.

Article 10 [Cantonal Foreign Affairs] (1) All official intercourse between the Cantons and foreign governments or their representatives shall take place through the agency of the Federal Council. (2) The Cantons may, however, correspond directly with subordinate authorities and officials of a foreign state with respect to the matters mentioned in Article 9.

Article 11 [Military Capitulations] No military capitulations may be concluded.

Article 12 [Duties of State Officials] (1) Members of the federal authorities, federal, civil and military officials and federal representatives or commissioners, as well as members of cantonal governments or legislative assemblies, may not accept pensions, allowances, titles, gifts or decorations from foreign governments. Any infringement of this prohibition shall entail the loss of mandate or office. (2) Whoever is in possession of such a pension, title or decoration may not be elected or appointed member of a federal authority, civil or military official of the Confederation, federal representative or commissioner or member of a cantonal government or legislative assembly unless before assuming the mandate or office he expressly renounces the benefit of the pension or title or has returned the decoration. (3) In the Swiss Army, no decorations may be worn and no titles conferred by foreign governments may be assumed. (4) All officers, non-commissioned officers and soldiers are forbidden to accept such distinctions.

Article 13 [Standing Army] (1) The Confederation may not maintain a standing army. (2) Without the consent of the federal authorities, no Canton or Half-Canton may maintain a standing armed force of more than 300 men, not including Police forces.

Article 14 [Military Disputes between Cantons] In the event of disputes arising among them, the Cantons are bound to refrain from taking any independent action and from arming. They shall submit to the settlement of such disputes as decided in accordance with federal regulations.

Article 15 [Military Assistance between Cantons] In the event of a Canton being suddenly threatened from without, its government shall seek the assistance of other Cantons while simultaneously informing the federal authority, this being done without prejudice as to the measures that authority may decide. The Cantons called upon are bound to give their assistance. The Confederation shall bear the costs.

Article 16 [Federal Military Intervention] (1) In the case of internal troubles or when danger threatens from another Canton, the government of the threatened Canton must immediately inform the Federal Council in order to enable it to take appropriate measures within the limits of itscompetence (Article 102 (3), (10) and (11)) or to summon the Federal Assembly. In urgent cases, while immediately informing the Federal Council, the government is entitled to seek help from other Cantons, which are bound to provide it. (2) Whenever the cantonal government is unable to summon help, the competent federal authority may intervene without being called upon; this authority is bound to do so whenever the security of Switzerland is at stake. (3) In the event of a federal intervention, the federal authorities shall ensure that the provisions of Article 5 are observed. (4) The costs shall be borne by the Canton requesting or giving cause for a federal intervention, unless the Federal Assembly should decide otherwise in view of special circumstances.

Article 17 [Military Passage] In the cases mentioned in Articles 15 and 16, every Canton is bound to afford free passage to armed forces. These shall immediately be placed under federal command.

Article 18 [Military Service] (1) Every Swiss is under the obligation to perform military service. (2) Members of the armed forces who in the course of their federal military service lose their life or suffer permanent injury to their health shall be entitled to relief from the Confederation for themselves or for their families, should they be in need. (3) All members of the armed forces shall be given their first arms, equipment and clothing free of charge. The soldiers shall keep their personal arms under the conditions federal legislation shall determine. (4) The privilege tax on exemption from military service shall be levied by the Cantons for the account of the Confederation, according to the provisions of federal legislation.

Article 19 [Federal Army] (1) The federal army consists of: a) the troops of the Cantons; b) all Swiss who, though not belonging to those troops, are nevertheless subject to military service. (2) The right to dispose of the army as well as of the war materials provided for it by law rests with the Confederation. (3) In time of danger, the Confederation also has the right to dispose directly and exclusively of all men not incorporated into the federal army as well as of all other military resources of the Cantons.

Article 20 [Military Affairs] (1) Legislation on military organization is a federal concern. The execution of such legislation within the Cantons shall be ensured by the cantonal authorities within the limits to be laid down by federal legislation and under the supervision of the Confederation. (2) All military training is a federal concern; the same applies to armament. (3) The supply and maintenance of clothing and equipment remains a cantonal concern; however, the expenses resulting therefrom shall be reimbursed to the Cantons by the Confederation according to regulations to be laid down by federal legislation.

Article 21 [Composition of Military Units] (1) Insofar as there are no objections to this for military reasons, the military units shall be made up of men coming from the same Canton. (2) The composition of such units, the responsibility for maintaining their effective strength and the appointment and promotion of their officers are cantonal concerns subject to such general regulations as the Confederation shall lay down.

Article 22 [Military Ground] (1) The Confederation has the right to take over, against fair compensation, the use or the ownership of military training grounds and buildings destined to military purposes which already exist in the Cantons. (2) The regulations governing such compensation shall be laid down by federal legislation.

Article 22bis [Civil Defence] (1) Legislation on civil defence of persons and property against the consequences of acts of war is a federal concern. (2) The Cantons shall be consulted during the drafting of executory legislation. They shall be entrusted with its execution under the high supervision of the Confederation. (3) The contributions of the Confederation towards the cost of civil defence shall be fixed by law. (4) The Confederation is entitled to institute compulsory civil defence service for men by means of a federal law. (5) Women may engage in voluntary civil defence service; the details of such service shall be regulated by law. (6) Allowances, insurance and compensation for loss of earnings for persons performing civil defence service shall be regulated by law. (7) A law shall regulate the use of civil defence organizations in emergencies.