# Constitution of the Canton of Appenzell I. Rh. (101.000) **Jurisdiction:** CH-AI **Canonical URL:** https://legislator.ch/en/law/ch/ai/101.000/101-000-constitution-of-the-canton-of-appenzell-i-rh **Official Source:** https://ai.clex.ch/app/de/texts_of_law/101.000 ## Provisions ### Art. 1 Constitution of the Canton of Appenzell I. Rh. 1. The constitution is that of a people's state and a member of the Swiss Confederation. Sovereign power essentially resides in the people and is exercised by the same at the Landsgemeinde. 2. The people establish their constitution, decide on the acceptance or rejection of laws, and conduct the elections assigned to the Landsgemeinde. 3. In all public and council referendums, the absolute majority of the voters decides. Districts and municipalities are free to replace open voting at the municipal assembly with a secret ballot at the polls. The decision to introduce voting at the polls shall be carried out in a secret procedure. The Grand Council regulates the necessary matters by decree. ### Art. Ü1 Constitution of the Canton of Appenzell I. Rh. 1. This Constitution shall come into force at the regular Landsgemeinde on Sunday, April 27, 1873. 2. All cantonal laws, ordinances, and other decrees with legally binding general content must be included in the compilation of laws. They shall be considered repealed if they were not included therein as of July 1, 1992. ### Art. 2 Constitution of the Canton of Appenzell I. Rh. 1. The constitution fundamentally recognizes full freedom, and the following rights are guaranteed: the equality of citizens and equal rights before the law, as well as personal freedom; furthermore, according to the general legal provisions, the free expression of opinion by word and writing, as well as the right of association and assembly; the inviolability of the right to one's home is also declared. 2. The freedom of commerce, traffic, and trade is secured according to the relevant provisions. 3. The lottery monopoly belongs to the canton, insofar as it is not restricted by federal law. ### Art. 3 Constitution of the Canton of Appenzell I. Rh. 1. The Roman Catholic Church and the Evangelical Reformed Church are recognized as public law corporations. They independently regulate their internal affairs. ### Art. 4 Constitution of the Canton of Appenzell I. Rh. 1. The property of any kind, whether it belongs to individuals, companies, corporations and foundations recognized by the state, or municipalities, is inviolable. 2. For purposes that are in the interest of the canton or a region of the country, the transfer or encumbrance of property may be demanded against full compensation. Expropriation, however, is permissible only if and to the extent that it is necessary to achieve the purpose and an amicable agreement is not possible or only possible at disproportionate expense. 3. Further provisions are determined by legislation. ### Art. Ü4 Constitution of the Canton of Appenzell I. Rh. 1. The new regulation of seat allocation for the Grand Council according to Art. 22 para. 2 shall only apply from the new elections in 2023. 2. Until the new elections in 2023, all districts will retain their previous seats in the Grand Council; the district of Schwende-Rüte will assume the seats of the districts of Schwende and Rüte. 3. The Grand Council mandates for the term of office from 2019 to 2023 shall remain valid until the new elections in 2023. ### Art. 5 Constitution of the Canton of Appenzell I. Rh. 1. The state guarantees the security of corporate spiritual property and its administration and use according to the foundation's purpose. 2. The administration of the property belonging to the monasteries remains under the protection of the state in accordance with previous practice. 3. ... ### Art. 6 Constitution of the Canton of Appenzell I. Rh. 1. No one shall be deprived of their lawful judge. 2. The parties are free, by mutual consent, to call upon arbitration tribunals for the resolution of legal disputes. ### Art. 7 Constitution of the Canton of Appenzell I. Rh. 1. All cantonal residents, as well as communities and local circles, have the right to present their desires and demands to the local and cantonal authorities. ### Art. 7bis Constitution of the Canton of Appenzell I. Rh. 1. Every eligible voter may request amendments to the constitution, as well as the enactment, amendment, or repeal of laws, by submitting an initiative in accordance with the following provisions. 2. The initiative may be submitted as a general suggestion or, if it does not require a total revision of the constitution, as a detailed draft. It must relate to a specific subject area. If it does not meet this requirement, the various subject areas contained within it must be dealt with separately. 3. An initiative may not demand anything that contradicts federal law or, insofar as it does not involve their amendment, the cantonal constitution. 4. If the initiative is presented in the form of a general suggestion and the Grand Council agrees with it, the Council drafts a corresponding proposal and submits it to the Assembly for acceptance or rejection. If the Grand Council rejects the general suggestion, it submits it along with any counter-proposal to the Assembly. If the Assembly agrees to the initiative or the counter-proposal, the Grand Council drafts a proposal in accordance with the Assembly's decision and submits it to the Assembly for acceptance or rejection. 5. An initiative in the form of a detailed draft is to be submitted to the Assembly. The Grand Council may confront it with a counter-proposal, which is to be put to a vote simultaneously with the initiative. 6. Initiatives must be submitted in writing to the Grand Council for examination and evaluation by May 31. They are to be presented to the next regular Assembly; drafts that the Grand Council must prepare as a result of a preliminary vote in accordance with paragraph 4 are to be submitted to the regular Assembly following the preliminary vote. The Grand Council may extend these deadlines by a maximum of two years by a two-thirds majority of its members if special circumstances require it, such as the drafting of new laws or major revisions of the constitution or laws, or larger counter-proposals. 7. Further procedures for the exercise of the initiative right may be regulated by an enactment of the Grand Council. ### Art. 7ter Constitution of the Canton of Appenzell I. Rh. 1. Free resolutions of the Grand Council regarding one-time expenditures of at least CHF 1,000,000 or recurring expenditures of at least CHF 250,000 for a minimum of 4 years are subject to mandatory referendum. 2. Two hundred eligible voters of the canton can request a decision by the Landsgemeinde on a free resolution of the Grand Council if the resolution results in a one-time new expenditure of at least CHF 500,000 or a recurring expenditure of at least CHF 125,000 for a minimum of 4 years to the detriment of the State. Expenditures for state personnel salaries are exempt from this optional referendum. 3. A resolution eligible for referendum becomes legally binding if no valid request for a decision by the Landsgemeinde has been submitted to the State Commission within 30 days of its official publication. 4. Expenditure resolutions of the Grand Council are not subject to a referendum if execution cannot be delayed. The urgency is determined by the Grand Council in a secret ballot. The decision requires a two-thirds majority of those present. 5. The further procedure regarding the execution of the optional referendum shall be regulated by decree of the Grand Council. 6. ... ### Art. 8 Constitution of the Canton of Appenzell I. Rh. 1. Every citizen of the canton, as well as every Swiss national residing in the canton, is liable for military service according to the provisions of the federal regulations. ### Art. 9 Constitution of the Canton of Appenzell I. Rh. 1. Amendments to the tax system are exclusively the responsibility of the Landsgemeinde. ### Art. 10 Constitution of the Canton of Appenzell I. Rh. 1. ... 2. The state exercises thorough supervision over the authorities in their activities and administrations within the various branches of municipal life. 3. Thus, it holds the right to intervene in municipal affairs when the welfare of individual parts of the country or the country as a whole requires it. 4. Notably, it also holds the right to prevent the distribution of the assets of cooperative societies among the individual usage participants. ### Art. 11 Constitution of the Canton of Appenzell I. Rh. 1. The administration of the state budget is public to the extent that official accounts must be disclosed according to the fiscal year-end. 2. All laws and regulations, as well as official decisions that are of general interest, shall be published in an appropriate manner. 3. ... 4. ... ### Art. 12 Constitution of the Canton of Appenzell I. Rh. 1. Public education is the responsibility of the state. 2. Public compulsory elementary education is free of charge. The corresponding costs are to be borne by the school communities with appropriate assistance from the state, which has the improvement of the elementary education system in mind. ### Art. 13 Constitution of the Canton of Appenzell I. Rh. 1. The Acquisition of Land Rights is Decided by the Grand Council. ### Art. 14 Constitution of the Canton of Appenzell I. Rh. 1. Settlement Affairs are handled in accordance with federal regulations. ### Art. 15 Constitution of the Canton of Appenzell I. Rh. 1. The federal canton of Appenzell Innerrhoden is divided into five districts Appenzell, Schwende-Rüte, Schlatt-Haslen, Gonten, Oberegg. 2. Appenzell is the capital of the canton and as such is the seat of the cantonal authorities. ### Art. 16 Constitution of the Canton of Appenzell I. Rh. 1. At Landsgemeinde (cantonal assembly) and municipal assemblies, all Swiss citizens residing in the canton are entitled to vote, provided they have reached the age of 18 and are registered in the electoral register. 1bis. Church municipalities can introduce voting and election rights for foreign community members with a residence permit. 2. Excluded from voting rights is anyone who is under full guardianship due to permanent incapacity to judge or is represented by an appointed guardian. 3. In municipal matters, those entitled to vote exercise their rights at their political place of residence. ### Art. 17 Constitution of the Canton of Appenzell I. Rh. 1. Every eligible voter is not only entitled but also obliged to participate in all Landsgemeinden and constitutionally-established public assemblies. ### Art. 18 Constitution of the Canton of Appenzell I. Rh. 1. Every eligible voter is obligated to accept an election to the Cantonal Commission or the Cantonal Court, as well as offices assigned by the Great Council, the Cantonal Commission, the district, church, or school community, furthermore by a court, the district, church, or school council, until the completed age of 65. 2. Exemption from this duty is granted before reaching the age of 65 to anyone who has been a member of an authority mentioned in paragraph 1 for at least a total of eight years. Furthermore, no one is obligated to assume any of these offices for more than four years. 3. The Great Council is the appellate authority. ### Art. 19 Constitution of the Canton of Appenzell I. Rh. 1. The supreme authority of the canton is the Landsgemeinde. 2. It convenes regularly on the last Sunday in April and, exceptionally, by resolution of the Grand Council. 3. If Easter falls on the last Sunday in April, the Landsgemeinde takes place on the first Sunday in May. ### Art. 20 Constitution of the Canton of Appenzell I. Rh. 1. The Landsgemeinde is the legislative body and the supreme electoral authority. 2. It elects annually 1. * The Cantonal Council, consisting of seven members a) the governing Landammann, who, after serving a two-year term, is not eligible for re-election for the following year, b) the non-governing Landammann, c) as well as the Deputy, Treasurer, Chief of the Land, Architect, and Standard Bearer. 2. the Cantonal Court, consisting of one President and twelve members, with each district represented by one member. 3. * ... ### Art. 20bis Constitution of the Canton of Appenzell I. Rh. 1. The regular cantonal assembly elects the representative of the canton to the Swiss Council of States in the years of the complete renewal of the National Council. ### Art. 21 Constitution of the Canton of Appenzell I. Rh. 1. The following provisions further apply to the Landsgemeinde 1. It receives a report on the cantonal administrative departments; 2. Extraordinary Landsgemeinde assemblies can only vote on the matter(s) for which the assembly was convened. ### Art. 22 Constitution of the Canton of Appenzell I. Rh. 1. The Grand Council has 50 seats. 2. Initially, each district is allocated four seats, while accounting for 4/50 of the total population respectively. The remaining 30 seats are allocated proportionally based on the remaining population numbers, with fractions rounded down. Remaining mandates are allocated to the districts based on the size of the rounded-down fractions; in the event of a tie, the decision is made by lot. 3. The basis for allocation is the population count according to the cantonal resident control on the last day of the year preceding the renewal election year. 4. The Executive Council allocates the seats to the districts. The Grand Council makes a final decision on disputes. ### Art. 23 Constitution of the Canton of Appenzell I. Rh. 1. The Grand Council ordinarily convenes five times a year. 2. It convenes extraordinarily when the President of the Grand Council or the State Commission deems it necessary, or when 10 members of the Grand Council request it. 3. The meeting place is Appenzell. The Council can decide on a different meeting place as needed. ### Art. 24 Constitution of the Canton of Appenzell I. Rh. 1. The convening of the first session of a new term shall be conducted by the Cantonal Commission. Until the election of the President of the Grand Council, the proceedings shall be chaired by its oldest member. 2. The sessions of the Grand Council are generally public. Secret sessions are held when dealing with petitions for clemency and in special cases upon the decision of the Council. 3. The Grand Council issues rules of procedure by way of ordinance. ### Art. 25 Constitution of the Canton of Appenzell I. Rh. 1. The members of the Executive Commission have an advisory vote and the right to submit motions during the deliberations of the Grand Council. ### Art. 26 Constitution of the Canton of Appenzell I. Rh. 1. The Grand Council determines the rules of procedure for the Landsgemeinde. 2. It submits constitutional and legislative drafts to it; further, it reviews proposals that are submitted by the Cantonal Commission, other authorities, or individual eligible voters, whether for resolution by the Council or for submission to the Landsgemeinde. 3. Proposals for the Landsgemeinde must be submitted to the Grand Council no later than the third last regular session before the Landsgemeinde. For urgent or simple proposals, the Council may decide on an exception with a two-thirds majority of its members. ### Art. 27 Constitution of the Canton of Appenzell I. Rh. 1. The Grand Council enacts ordinances and regulations for the execution of the legislation of the canton, and in subordinate cases, also of the federation. 2. It determines the boundaries of the districts and municipalities. 3. It decides on accession to concordats, decides on their amendment and termination, and can regulate their execution. 4. It determines whether to invoke the referendum (Art. 141 para. 1 of the Swiss Federal Constitution) or the initiative (Art. 160 para. 1 of the Swiss Federal Constitution) on behalf of the canton. ### Art. 28 Constitution of the Canton of Appenzell I. Rh. 1. The Grand Council decides on petitions for pardon in the cases provided by law. 2. It grants the right of citizenship. ### Art. 29 Constitution of the Canton of Appenzell I. Rh. 1. The Grand Council oversees the conduct of business for all authorities. It may regulate the rights and duties of the cantonal authorities and employees, as well as establish the cantonal administrative organization, including the fee system. It regulates what is necessary for the cantonal insurance fund. 2. It receives the annual reports to be submitted by the Council of State and the Cantonal Court, as well as the other annual reports required by legislation. 3. It decides on the rates of tax levies. 4. It establishes the budget of revenues and expenditures for all cantonal administrations and courts for each fiscal year. 5. It annually reviews and approves the state financial statements. ### Art. 29bis Constitution of the Canton of Appenzell I. Rh. 1. The Grand Council elects for a one-year term a) the President, the Vice President, and three vote counters; b) its committees. 2. It elects the President of the District Courts and issues a service regulation for this position. 3. It makes further elections insofar as it is competent under law or regulation. ### Art. 30 Constitution of the Canton of Appenzell I. Rh. 1. The Council of State consists of the members specified in Art. 20 para. 2 no. 1, elected by the Landsgemeinde, who may not belong to the Grand Council, a district council, a court, or a local authority. 2. It allocates governmental duties among its members. 3. It implements the laws and decisions of the Landsgemeinde as well as the ordinances and resolutions of the Grand Council. 4. It manages diplomatic relations. 5. It handles all matters that fall to a government as such and are not expressly assigned to another constitutional authority. 6. It issues the necessary regulations concerning residency and settlement matters. 7. It particularly oversees church affairs and the administration of communal resources. 8. It ensures the prompt handling of complaints directed to it concerning the administration of justice and the activities of local authorities, in accordance with legislation. 9. It concludes program agreements with the federal government. If the financial commitments resulting from a program agreement exceed the amounts outlined in Art. 7ter of the Cantonal Constitution, or if concluding an agreement requires amendments to the Constitution, laws, or ordinances, it must be submitted to the Grand Council or the Landsgemeinde. In these cases, the Grand Council must be included in the negotiations. 10. The following individuals may not simultaneously serve on the Council of State and the courts a) Two persons who are married to each other, live in a registered partnership, or maintain a de facto domestic partnership. The dissolution of the marriage or registered partnership does not remove the grounds for exclusion; b) Relatives in a direct line or up to the second degree in a collateral line; c) In-laws in a direct line. 11. In more significant cases, the governing or all district captains may be involved. ### Art. 31 Constitution of the Canton of Appenzell I. Rh. 1. It convenes as often as deemed necessary by the presiding Landammann or three members of the authority. 2. For a resolution to be valid, the presence of four members is required. ### Art. 32 Constitution of the Canton of Appenzell I. Rh. 1. The presiding Landammann presides over the assembly of the canton and the state commission. 2. He signs the documents issued by these authorities and keeps the state seal. 3. The council office is directly subordinate to his orders; he oversees the implementation of the decisions made by the state commission. 4. In cases of absence, he is represented by the non-presiding Landammann. ### Art. 33 Constitution of the Canton of Appenzell I. Rh. 1. The district community consists of all district residents who are eligible to vote according to Art. 16, including cantonal and Swiss citizens. 2. It takes place annually one week after the regular Landsgemeinde. 3. It elects the presiding and non-presiding captain, the other members of the district council, as well as a member of the district court. 4. In years of the general renewal elections of the National Council, it elects the district's entitled members of the Grand Council in accordance with Art. 22. 5. In districts with ballot voting, the aforementioned elections are held no later than the third Sunday in May. 6. Departing members of the Grand Council are to be replaced as soon as possible. The newly elected member assumes the term of office of the departing member. 7. The districts may decide on a term of office not exceeding four years for the election of district councils, members of the district court, and mediators. ### Art. 34 Constitution of the Canton of Appenzell I. Rh. 1. It encompasses all the significant resolutions that, in accordance with this constitution, serve the interests of the municipal entity. ### Art. 35 Constitution of the Canton of Appenzell I. Rh. 1. In the event of elections in various electoral districts involving relatives, who are disqualified from simultaneous eligibility under Article 30, the subsequent district in order of rank must conduct a new election. ### Art. 36 Constitution of the Canton of Appenzell I. Rh. 1. The district council must have at least five members. 2. The district community may establish additional responsibilities within the framework of a regulation. ### Art. 37 Constitution of the Canton of Appenzell I. Rh. 1. Captains and Councils ensure the execution of sovereign decrees, the enforcement of resolutions issued by the district community, as well as the preliminary review of proposals to be submitted to the district community either by the authority itself or by individuals. ### Art. 38 Constitution of the Canton of Appenzell I. Rh. 1. In each district, there exists one conciliation office. The district community elects a conciliator. The particulars regarding the organization, administration, and function of the conciliator as a body of the judiciary shall be determined by legislation. ### Art. 39 Constitution of the Canton of Appenzell I. Rh. 1. The District Court is the court of first instance for criminal and civil cases under its jurisdiction in accordance with the legislation. 2. In addition to the president, the District Court is composed of judges elected by the district municipalities. The Grand Council may enter into an inter-cantonal agreement for the appointment of compulsory measures judges. 3. The organization of the District Court is determined by law. ### Art. 40 Constitution of the Canton of Appenzell I. Rh. 1. The Cantonal Court serves as an appellate instance for civil and criminal cases against decisions rendered by district courts. 2. The Cantonal Court functions as an administrative court, providing a complaints instance against orders issued by administrative authorities of the canton in the domains of constitutional, administrative, and social insurance law. 3. The organization of the Cantonal Court is determined by law. ### Art. 43 Constitution of the Canton of Appenzell I. Rh. 1. The proceedings of the courts and the pronouncement of judgments are public, unless otherwise stipulated by legislation. 2. The quorum of the courts is regulated by legislation. 3. The record-keeping and clerical services of the courts are regulated by legislation. ### Art. 44 Constitution of the Canton of Appenzell I. Rh. 1. Members of the courts may not simultaneously be part of more than one judicial authority within the canton. 2. Members of the Council of State, the Great Council, as well as the district councils, may not belong to any judicial authority within the canton. 3. Professional party representatives are not eligible to be elected as mediators. ### Art. 45 Constitution of the Canton of Appenzell I. Rh. 1. The entire organization of civil, criminal, and administrative justice and procedure is otherwise regulated by legislation within the framework of the Constitution. This legislation may also establish supplementary provisions, provided they do not contradict the Constitution. 2. The adjudication of civil and criminal cases (infractions) may also be entrusted to non-judicial authorities or offices by legislation. ### Art. 46 Constitution of the Canton of Appenzell I. Rh. 1. The church and school communities are composed of those eligible to vote in accordance with Art. 16. 2. They convene regularly once a year; exceptionally, they may convene upon the summons of their church and school councils. 3. They elect the church and school councils. 4. The church and school councils consist of five to nine members. 5. The church communities receive an annual report on the financial management of their administrations. They determine, without impinging on the funds, how to cover expenses that cannot be met from revenues, as well as decisions regarding the undertaking of significant constructions. 6. By concordat with another canton, it may be determined that the residents of the two cantons, who adhere to the Roman Catholic or the Evangelically Reformed confession, are recognized by church communities in the other canton as fully entitled church members with all rights and obligations. ### Art. 47 Constitution of the Canton of Appenzell I. Rh. 1. The church and school councils are responsible for the management entrusted to them, particularly for the prosperous promotion of the purposes contained therein. ### Art. 48 Constitution of the Canton of Appenzell I. Rh. 1. The constitution can be amended at any time, in whole or in part. 2. The Grand Council may submit proposals for partial revisions to the Landsgemeinde on its own initiative. In such cases, separate votes shall be taken on individual subjects that are not interrelated. 3. For initiatives on partial revisions, the provisions of Article 7bis apply accordingly. 4. If a total revision is proposed by the Grand Council or through an initiative, the Landsgemeinde must first decide whether such a revision should take place or not. If the Landsgemeinde decides on a total revision, the Grand Council shall draft a new constitution and submit it no later than the third regular Landsgemeinde following the preliminary vote. This deadline may be appropriately extended at the second regular Landsgemeinde after the preliminary vote. 5. Total and partial revisions of the constitution are to be handled by the Grand Council in two readings.