# Constitution of the Canton of Schaffhausen, (2002) (131.223) **Jurisdiction:** CH **Canonical URL:** https://legislator.ch/en/law/ch/federal/131.223/131-223-constitution-of-the-canton-of-schaffhausen-2002 **Official Source:** https://fedlex.data.admin.ch/eli/cc/2003/1135_fga/20210921 ## Provisions ### Art. 1 Constitution of the Canton of Schaffhausen, (2002) The Canton of Schaffhausen is a liberal, democratic, and social constitutional state. It is a sovereign state that is a member of the Swiss Confederation. ### Art. 2 Constitution of the Canton of Schaffhausen, (2002) The power of the State is based on the people. It is exercised by the electorate and by the authorities. ### Art. 3 Constitution of the Canton of Schaffhausen, (2002) The canton actively participates in the formation of political will at the federal level. It performs the tasks delegated to it by the Confederation while respecting its own interests and those of the municipalities. It collaborates with other cantons and with foreign countries. ### Art. 4 Constitution of the Canton of Schaffhausen, (2002) The Canton of Schaffhausen consists of the territory guaranteed to it by the Confederation. It is divided into municipalities. ### Art. 5 Constitution of the Canton of Schaffhausen, (2002) The law governs the acquisition and loss of cantonal citizenship and municipal citizenship. ### Art. 6 Constitution of the Canton of Schaffhausen, (2002) Every individual is responsible for themselves. They assume their share of responsibility towards the community and the environment. They fulfill the duties incumbent upon them under the Constitution and the law. ### Art. 7 Constitution of the Canton of Schaffhausen, (2002) The actions of the State must be based on legal foundations, serve the public interest, and comply with the principle of proportionality. Protection against arbitrariness by the State is guaranteed. The organs of the State and individuals shall act in accordance with the rules of good faith. ### Art. 8 Constitution of the Canton of Schaffhausen, (2002) The structure of the State and the exercise of public authority are in accordance with the principle of the separation of powers. ### Art. 9 Constitution of the Canton of Schaffhausen, (2002) The actions of the State shall be directed towards ecological, economic, and social development that takes into account the needs of both present and future generations. ### Art. 10 Constitution of the Canton of Schaffhausen, (2002) Human dignity must be respected and protected. It constitutes the basis of the entire legal order. ### Art. 11 Constitution of the Canton of Schaffhausen, (2002) All human beings are equal before the law. No one shall be subjected to discrimination. The canton and the municipalities promote equality between women and men, particularly in the areas of family, education, and work. Women and men are entitled to equal pay for work of equal value. The canton and the municipalities shall implement measures to eliminate the inequalities faced by persons with disabilities. ### Art. 12 Constitution of the Canton of Schaffhausen, (2002) Fundamental freedoms are guaranteed, including a. personal freedom b. protection of privacy c. the right to marriage and family or another form of communal living d. freedom of conscience and belief e. freedom of opinion and information, freedom of the media f. freedom of teaching, choice of learning, and research g. freedom of artistic expression h. freedom of assembly and association, freedom of trade unions i. freedom of establishment j. economic freedom. Property is guaranteed. ### Art. 13 Constitution of the Canton of Schaffhausen, (2002) Anyone who cannot overcome a situation of distress by their own means is entitled to the necessary assistance to lead a life in accordance with human dignity. ### Art. 14 Constitution of the Canton of Schaffhausen, (2002) Children and young people have the right to protection and assistance. ### Art. 15 Constitution of the Canton of Schaffhausen, (2002) Children and young people have the right to an education that matches their abilities. For the entire duration of compulsory schooling, education is free in public schools and in schools with a public mandate. ### Art. 16 Constitution of the Canton of Schaffhausen, (2002) Individuals who, as a result of an offense, have been harmed in their physical, psychological, or sexual integrity have the right to receive assistance and, if they experience financial difficulties due to the offense, fair compensation. ### Art. 17 Constitution of the Canton of Schaffhausen, (2002) In the event of a dispute, every person has the right to have their case adjudicated by a cantonal judicial authority. Exceptions are made for proceedings contesting a constitutional provision or a law, or a decision of the Grand Council, unless federal law mandates judicial protection at the cantonal level. ### Art. 18 Constitution of the Canton of Schaffhausen, (2002) Everyone has the right, in judicial or administrative proceedings, to have their case treated fairly and judged within a reasonable time. Persons who do not have sufficient resources have the right, unless their case appears to be devoid of any chance of success, to free legal assistance. They are also entitled to free assistance from a defender, to the extent that the safeguarding of their rights requires it. ### Art. 19 Constitution of the Canton of Schaffhausen, (2002) Every person has the right to submit petitions to the authorities without suffering any prejudice as a result. The authorities shall respond to petitions within a reasonable time. ### Art. 20 Constitution of the Canton of Schaffhausen, (2002) Fundamental rights must be realized throughout the entire legal order. Anyone who assumes a public task is obligated to respect fundamental rights and to contribute to their realization. ### Art. 21 Constitution of the Canton of Schaffhausen, (2002) Restrictions on fundamental rights are permissible only when they are based on a legal foundation, justified by an overriding public interest, and proportionate to the intended objective. Severe restrictions must be stipulated in the law itself. Exceptions are made in cases of serious, imminent danger that cannot be avoided by other means. ### Art. 22 Constitution of the Canton of Schaffhausen, (2002) The canton and the municipalities undertake, in addition to individual responsibility and private initiative, to ensure that a. everyone benefits from social security b. everyone receives the necessary health care c. families, as communities of adults and children, are protected and encouraged d. every person capable of working can support themselves through work performed under fair conditions e. everyone seeking housing can find appropriate accommodation for themselves and their family under acceptable conditions f. children and young people, as well as people of working age, can benefit from initial and continuing education that corresponds to their abilities g. children and young people are encouraged to become independent and socially responsible individuals and are supported in their social, cultural, and political integration. The canton and the municipalities undertake to ensure that everyone is insured against the economic consequences of age, disability, illness, accident, unemployment, maternity, orphanhood, and widowhood. They are committed to these social goals within the framework of their constitutional competencies and available resources. No subjective right to state benefits can be directly inferred from the social goals. ### Art. 23 Constitution of the Canton of Schaffhausen, (2002) All adult Swiss citizens domiciled in the canton have the right to vote in cantonal and communal matters. For those entitled to vote, participation in votes and elections is mandatory. The law regulates the exclusion from the right to vote. It regulates the exceptions to the obligation to participate in votes and elections. ### Art. 24 Constitution of the Canton of Schaffhausen, (2002) The voters elect a. the Grand Council b. the Council of State c. the representatives of Schaffhausen to the Council of States and to the National Council. ### Art. 25 Constitution of the Canton of Schaffhausen (2002) The Grand Council is elected by proportional representation. The seats are allocated among the political groups based on their electoral strength within the canton. The delimitation of electoral districts is determined by the Grand Council. The seats to be filled are distributed among the electoral districts in proportion to their population. Each district is entitled to at least one seat. Other cantonal elections are conducted by majority vote. ### Art. 26 Constitution of the Canton of Schaffhausen, (2002) One thousand voters may propose the complete renewal of the Grand Council or the Council of State. The law regulates the procedure. If the majority of voters are in favor of the revocation, new elections are organized. The newly elected authority terminates the term of office of the revoked authority. ### Art. 27 Constitution of the Canton of Schaffhausen, (2002) By means of a popular initiative, 1000 voters may request a. the total or partial revision of the Constitution b. the adoption, amendment, or repeal of a law c. the denunciation or the initiation of negotiations for the conclusion or amendment of an international treaty or an intercantonal agreement, when such a treaty or agreement is subject to a popular vote d. the submission of a cantonal initiative. The request may be in the form of a proposal framed in general terms or, except in the case of a request for a total revision of the Constitution, as a drafted project. ### Art. 28 Constitution of the Canton of Schaffhausen, (2002) The State Council decides on the outcome of a popular initiative. The Grand Council rules on the validity of a popular initiative. It shall be wholly or partially invalidated a. if it violates superior law b. if it is unenforceable c. if it does not respect the unity of form or subject matter. The Grand Council makes the final decision regarding the form of the normative act that will implement an initiative drafted in general terms. ### Art. 29 Constitution of the Canton of Schaffhausen, (2002) The Grand Council submits popular initiatives to a popular vote, recommending that they be accepted or rejected; it may also present a counter-proposal. If the Grand Council approves a popular initiative drafted in general terms, it develops a project consistent with the initiative. ### Art. 30 Constitution of the Canton of Schaffhausen, (2002) The Grand Council may propose a counter-project both to an initiative presented in the form of a drafted project and to a project it has developed to implement an initiative expressed in general terms. The voters simultaneously decide on the initiative and the counter-project. They may approve both projects and determine which one they prefer if both are accepted. ### Art. 31 Constitution of the Canton of Schaffhausen (2002) 100 voters have the right to submit a popular motion in writing to the Grand Council, accompanied by a rationale. The Grand Council treats a popular motion as it would a motion from one of its members. ### Art. 32 Constitution of the Canton of Schaffhausen, (2002) The following are mandatorily subject to a popular vote: a. amendments to the Constitution b. international treaties and inter-cantonal agreements that are directly applicable and that derogate from the Constitution c. laws that are not subject to an optional popular vote d. popular initiatives e. decisions by which the Grand Council approves new one-time expenditures exceeding 3 million francs or new recurring expenditures exceeding 500,000 francs annually f. opinions that the Canton of Schaffhausen submits to the Confederation concerning the construction, on the territory of the Canton of Schaffhausen or neighboring cantons, of nuclear power plants or installations for the reprocessing of nuclear fuel or the storage of radioactive waste g. opinions that the Canton of Schaffhausen submits to the Confederation concerning the integration of new roads into the national road network h. other decisions of the Grand Council, when provided for by law i. decisions that the Grand Council itself wishes to submit to a popular vote. ### Art. 33 Constitution of the Canton of Schaffhausen, (2002) Voters may request that the following be submitted to a popular vote: a. laws that have been approved by at least four-fifths of the members of the Grand Council present at the time of the vote; b. international treaties and directly applicable intercantonal agreements that have the character of a law; c. the budget, when the tax coefficient is modified; d. decisions by which the Grand Council decides on new one-time expenditures exceeding 1 million francs or new expenditures of more than 100,000 francs that recur annually; e. principle decisions of the Grand Council; f. other decisions of the Grand Council, where the law so provides. A referendum is considered to have been successful when, within 90 days of the official publication of the decree, 1,000 voters request a popular vote. In the case referred to in para. 1, lit. c, the deadline is 30 days. ### Art. 34 Constitution of the Canton of Schaffhausen (2002) Laws whose enactment cannot be delayed may come into immediate effect if two-thirds of the members of the Grand Council participating in the vote decide so. When a popular vote is necessary or a referendum is requested, such a law ceases to have effect one year after its adoption by the Grand Council if it has not been accepted by the people within this time frame. ### Art. 35 Constitution of the Canton of Schaffhausen, (2002) In place of or in addition to an overall project, the Grand Council may decide to submit only a part of a project or variants to the people's vote. When a project subject to an optional popular vote does not have a referendum requested, the variants shall become void. ### Art. 36 Constitution of the Canton of Schaffhausen, (2002) [tab] Every person has the right to express their opinion during consultations concerning cantonal projects related to the Constitution or a law, as well as on other cantonal projects of general significance. ### Art. 37 Constitution of the Canton of Schaffhausen, (2002) Political parties contribute to the formation of the opinion and will of the voters. ### Art. 37a Constitution of the Canton of Schaffhausen, (2002) Natural or legal persons, such as all parties and other political groups, campaign committees, lobbies, and other organizations participating in voting or election campaigns within the competence of the canton or municipalities, must publish their accounts. In particular, the following must be published: a. the overall budget of the election or voting campaign; b. the business name of the legal entities that participated in the financing, including the amounts paid; c. the identity of the natural persons who participated in the financing, including the amounts paid; donors whose contributions do not exceed 3000 francs per calendar year are excluded. Candidates for public office at the cantonal level and for executive or legislative functions at the municipal level must disclose their conflicts of interest when they submit their candidacy. Elected persons to public office must disclose their conflicts of interest at the beginning of the calendar year in accordance with para. 2. The cantonal administration or an independent service verifies the accuracy of the data provided in accordance with paras. 1 to 3 and establishes a public register accessible on the website of the Canton of Schaffhausen. Violations committed by candidates or elected officials, as well as natural or legal persons, parties, political groups, campaign committees, lobbies, or other organizations of the obligations set out in paras. 1 to 3 of this provision are subject to a fine. The law regulates the modalities. It especially considers professional secrecy. ### Art. 38 Constitution of the Canton of Schaffhausen, (2002) Anyone who assumes a public duty is bound by the Constitution, by superior law, and by the regulations enacted on their basis. The Grand Council, the Council of State, and the judicial authorities do not apply cantonal laws that violate superior law. ### Art. 39 Constitution of the Canton of Schaffhausen, (2002) State bodies fulfill their tasks by taking into account the needs of the citizens, in an efficient and cost-effective manner. When multiple authorities are simultaneously competent on a matter, they collaborate and coordinate their activities. ### Art. 40 Constitution of the Canton of Schaffhouse, (2002) All Swiss citizens with the right to vote in the canton are eligible for the Grand Council, the Council of State, and the Council of States. [tab] 1bis All adult Swiss citizens are eligible for the Supreme Court and the Cantonal Court. They must be domiciled in the canton of Schaffhouse upon assuming office. The law regulates the eligibility conditions for other members of the authorities and the conditions for the appointment of personnel in the cantonal administration and judicial authorities. It may provide for additional requirements for the judicial authorities. ### Art. 41 Constitution of the Canton of Schaffhausen, (2002) Members of the Grand Council, the Council of State, the judicial authorities, and the municipal authorities are elected for four years. They continue to exercise their functions until the installation of the new bodies. ### Art. 42 Constitution of the Canton of Schaffhausen, (2002) No one may simultaneously be a member of a. the Grand Council, the Council of State, and a cantonal judicial authority b. the Council of State, the National Council, and the Council of States c. the Council of State and a communal authority. Members of the cantonal administration cannot be members of a judicial authority. Members of the cantonal administration who are directly subordinate to the Council of State or one of its members are also not permitted to sit in the Grand Council. The law may provide for other incompatibilities for certain authorities. ### Art. 43 Constitution of the Canton of Schaffhausen, (2002) Spouses, registered partners, cohabitants, parents and their children, and siblings cannot simultaneously belong to the same authority, except for the Grand Council, municipal legislatures, and the Constituent Assembly. ### Art. 44 Constitution of the Canton of Schaffhausen, (2002) Before taking office, members of the authorities commit to respecting the Constitution and the law. ### Art. 45 Constitution of the Canton of Schaffhausen (2002) Members of the authorities, the cantonal administration, and the judicial authorities must recuse themselves for the entire duration of the procedure when matters that concern them directly are being addressed. In appeal proceedings before administrative authorities, the conduct of the procedure cannot be entrusted to lower instances. The law may provide for other reasons for recusal. ### Art. 46 Constitution of the Canton of Schaffhausen, (2002) The law regulates the service relations of the members of the authorities and the employees of the cantonal administration. Members of the Council of State and those of the authorities elected by the Grand Council may, if they are manifestly incapable of fulfilling their duties, be removed from their positions by two-thirds of the members of the Grand Council participating in the vote. ### Art. 47 Constitution of the Canton of Schaffhausen, (2002) Legislative acts must be published and compiled in a legal compendium. The debates of the Grand Council and the courts are public. The law determines the exceptions. The authorities inform the public about their activities and, upon request, guarantee access to administrative documents, insofar as no overriding public or private interest opposes this. The authorities guarantee the information of future generations by adequately documenting their activities and archiving their documents. ### Art. 48 Constitution of the Canton of Schaffhausen (2002) The canton, the communes, and public law entities are liable for damages caused unlawfully by their organs in the performance of their official activities. They are also liable, within the limits set by law, for damages caused by their organs without violating the law. The law governs the liability of members of the authorities and employees of the cantonal administration towards the canton and other entities responsible for public tasks. ### Art. 49 Constitution of the Canton of Schaffhouse, (2002) The legislative and financial competencies of the electorate may be delegated to the Grand Council or the Council of State, provided that the delegation is limited to a specific area and is provided for by a law that establishes its framework. The direct delegation of competencies to other authorities is excluded. The competencies of the Grand Council may be delegated to the Council of State under the same conditions. The Grand Council may adjust the financial competencies granted by the Constitution to the authorities in accordance with monetary fluctuations. The law may delegate jurisdictional competencies to an administrative authority. ### Art. 50 Constitution of the Canton of Schaffhausen, (2002) All important legal rules must be enacted in the form of a law. Included in these are the provisions for which the Constitution expressly requires the form of a law, as well as the fundamental provisions relating to a. popular rights b. the restriction of constitutional rights c. the rights and obligations of individuals d. the subject of taxes, the calculation of their amount, and the status of taxpayer e. the tasks and services of the canton f. the organization and procedure of the authorities. ### Art. 51 Constitution of the Canton of Schaffhausen, (2002) The law may, instead of providing for state regulation, authorize private agreements. It defines the objectives that must necessarily be achieved. Control and monitoring measures may be entrusted to private individuals. The delegation of decision-making powers and other execution tasks requires a legal basis. The provisions regarding supervision and legal protection apply by analogy to private individuals performing public tasks. In the event of damage, the community or institution that granted the mandate assumes subsidiary liability. ### Art. 52 Constitution of the Canton of Schaffhausen, (2002) Composed of 60 members, the Grand Council exercises supreme power, subject to popular rights. It is the legislative authority and exercises high supervision over the cantonal bodies of the State. Important administrative decisions may be delegated to it by the Constitution and by law. ### Art. 53 Constitution of the Canton of Schaffhausen, (2002) The Grand Council enacts cantonal laws, subject to popular rights. It may issue implementing provisions by decree to the extent that the Constitution or law expressly authorizes it to do so. Decrees are not subject to a popular vote. It prepares documents intended for popular votes. It approves or denounces international treaties or intercantonal agreements, where this competence does not belong exclusively to the Council of State. ### Art. 54 Constitution of the Canton of Schaffhausen, (2002) The Grand Council addresses the government program, the financial plan, the master plan for activities affecting territorial organization, as well as other fundamental plans. When the law does not grant it the right to modify or approve, the Grand Council may express its position on the plans in its own declaration. ### Art. 55 Constitution of the Canton of Schaffhausen, (2002) The Grand Council exercises high oversight over the Council of State, the administration, other bodies entrusted with public tasks, and the judicial authorities. The law determines the rights to information and the investigative powers necessary for the exercise of high oversight. The Grand Council reviews and approves the management reports of the Council of State, the Supreme Court, and the Council of the Judiciary. It may provide for an independent evaluation regarding the effectiveness of cantonal measures. ### Art. 56 Constitution of the Canton of Schaffhausen, (2002) [tab] The Grand Council: a. adopts the budget b. approves the accounts of the canton c. sets the cantonal taxes and levies within the limits of legal prescriptions d. decides on expenditures that do not fall under the competence of the Council of State, subject to Articles 32 and 33. ### Art. 57 Constitution of the Canton of Schaffhausen, (2002) The Grand Council a. determines the matters submitted to popular vote, with the exception of requests for the revocation of the Grand Council b. decides on the use of the optional referendum with other cantons and the submission of a cantonal initiative at the federal level c. conducts elections as mandated by the Constitution and the law d. grants amnesty and pardons e. grants cantonal citizenship, unless the law delegates this authority to another body f. addresses petitions and appeals submitted to it g. decides on the granting, modification, renewal, and transfer of significant concessions. The law may assign it additional tasks. ### Art. 58 Constitution of the Canton of Schaffhausen, (2002) The Grand Council may assign mandates to the Council of State. Mandates that relate to a domain exclusively within the purview of the Council of State shall have the status of directives. The Grand Council may adopt decisions of principle within the scope of its competencies. ### Art. 59 Constitution of the Canton of Schaffhausen (2002) Members of the Grand Council deliberate and vote without instructions. They speak freely in parliament and can only be prosecuted in cases provided by law. Requests for the lifting of parliamentary immunity must be approved by two-thirds of the members of the Grand Council participating in the vote. They may submit parliamentary interventions specified by law. They have a special right to obtain information and consult documents from the administration and courts within the framework set by law. They may form groups. These groups may receive subsidies. ### Art. 60 Constitution of the Canton of Schaffhausen (2002) Composed of five members, the Council of State is, subject to the competences of the Grand Council, the highest governing and executive authority of the canton. The Council of State makes its decisions in a collegial manner. ### Art. 61 Constitution of the Canton of Schaffhausen, (2002) Members of the Council of State may not engage in private gainful activity. They may only have activities in a profit-making enterprise as representatives of the canton. ### Art. 62 Constitution of the Canton of Schaffhausen, (2002) The Council of State has the right to submit proposals to the Grand Council. Its members generally participate in the sessions of the Grand Council with a consultative voice. In such cases, they benefit from parliamentary immunity. ### Art. 63 Constitution of the Canton of Schaffhausen, (2002) The Council of State sets the objectives of the State's activities, subject to the competencies of the Grand Council. At the beginning of each legislative period, it establishes a government program and a financial plan. At the end of the legislative period, it presents a report on its management. It plans and coordinates the activities of the canton. ### Art. 64 Constitution of the Canton of Schaffhausen, (2002) The Cantonal Council organizes the cantonal administration appropriately within the framework of the Constitution and the law. Each member of the Cantonal Council heads a department. The Cantonal Council reports to the Grand Council on the activities of the administration. ### Art. 65 Constitution of the Canton of Schaffhausen, (2002) The Council of State generally oversees the preliminary legislative procedure. It submits to the Grand Council proposals for constitutional amendments, laws, and decrees. It issues ordinances that the Constitution or the law authorizes it to enact. In cases of urgency, it may establish by ordinance the provisions necessary for the introduction of higher law. These urgent introductory provisions must be replaced without delay following the ordinary procedure. The Council of State concludes international treaties and inter-cantonal agreements, subject to the approval of the Grand Council and the popular rights. Treaties and agreements that fall exclusively within the Council of State's legislative competencies, that are of minor importance, or that the law authorizes it to conclude, are exclusively under its remit. ### Art. 66 Constitution of the Canton of Schaffhausen, (2002) The Council of State manages the assets of the canton. It establishes the budget and the state account for the attention of the Grand Council. It approves a. new one-time expenditures up to 100,000 francs and new annual expenditures up to 20,000 francs b. acts of disposition concerning real estate of the financial assets up to one million francs. It grants loans and contracts the necessary borrowings. ### Art. 67 Constitution of the Canton of Schaffhouse, (2002) The Council of State a. represents the canton externally and internally b. is responsible for maintaining public safety and order c. prepares matters for the Grand Council, unless the latter wishes to handle them alone d. publishes cantonal legislative acts e. ensures the execution of federal and cantonal legislation, the decisions of the Grand Council, and enforceable judgments f. exercises, in accordance with the law, supervision over the municipalities g. formulates positions during federal consultations h. resolves administrative disputes to the extent provided by the Constitution and the law i. performs other tasks incumbent upon it under the Constitution and the law. ### Art. 68 Constitution of the Canton of Schaffhausen, (2002) The State Council may, without a legal basis, take measures to address serious current or imminent disturbances threatening public order and safety, as well as situations of social crisis. The ordinances enacted under these circumstances must be submitted without delay for approval by the Grand Council; they become void no later than one year after their entry into force. ### Art. 69 Constitution of the Canton of Schaffhausen, (2002) The cantonal administration is divided into departments. The State Chancellery acts as the staff unit and coordination center of the Council of State; it ensures relations with the Grand Council. The law may provide that certain tasks of the cantonal administration are carried out at a regional level, or by special commissions or autonomous organizations. ### Art. 70 Constitution of the Canton of Schaffhausen, (2002) The Council of State may delegate its decision-making powers to other bodies, if authorized by law. It may, by ordinance, delegate the competencies of departments to subordinate services without the need for explicit legal authorization. The right of the Council of State to issue instructions to all administrative bodies remains reserved; exceptions include in particular the judicial activities of administrative authorities and the prosecutorial activities of the public prosecutor's office. ### Art. 71 Constitution of the Canton of Schaffhausen, (2002) The task of the courts and other judicial authorities subject to them under supervisory law is the independent application of the law in the areas of private law, criminal law, and the rest of public law. Judicial authorities are independent from other authorities and the parties in conflict, and are subject only to the law. The Supreme Court represents the judicial authorities in their relations with the Great Council and the State Council. ### Art. 72 Constitution of the Canton of Schaffhausen, (2002) The law provides for a simple and comprehensible organization of the judicial authorities and their procedures. For certain areas, the law may provide for special judicial bodies and the use of specialized judges. ... ### Art. 73 Constitution of the Canton of Schaffhausen, (2002) The Grand Council elects the members and substitute members of the courts and other judicial authorities, to the extent provided for by the Constitution and the law. The other members of the judicial authorities and their staff are appointed by the Supreme Court or by the Cantonal Court. The Supreme Court may delegate the appointment of its staff. ### Art. 74 Constitution of the Canton of Schaffhausen, (2002) The right to assistance and representation is guaranteed before all judicial instances of the canton. The canton may support private legal information services offering their services free of charge. ### Art. 75 Verfassung des Kantons Schaffhausen, (2002) ### Art. 76 Constitution of the Canton of Schaffhausen, (2002) ... Except in cases where the matter must be referred to a court, the law may assign the repression of contraventions by fine to administrative authorities of the canton or the communes. The criminal prosecution authorities whose primary function is not judicial may be subject to the supervision of the Council of State. ### Art. 77 Constitution of the Canton of Schaffhausen, (2002) The Cantonal Court has jurisdiction over civil or criminal cases that the law assigns to it to handle in the first instance or definitively. ### Art. 78 Constitution of the Canton of Schaffhausen, (2002) The Supreme Court is responsible for handling disputes that the law requires it to address in the first instance and decides on appeals in civil and criminal matters. It resolves public law or administrative law disputes in accordance with the Constitution and the law, as well as jurisdictional conflicts between administrative and judicial authorities. It is the supervisory authority for all courts in the canton and all other judicial authorities that the law places under its supervision. If there are no legal provisions or if there is a delegation of authority, the Supreme Court issues the necessary regulations for the exercise of judicial activity. ### Art. 79 Constitution of the Canton of Schaffhausen, (2002) In the fulfillment of its duties, the canton directs its actions according to the needs and well-being of all. The canton shall only undertake a task if a. private offerings are insufficient, or b. the municipalities are unable to fulfill this task economically and effectively, or c. the preservation of a public interest demands it. The canton regularly verifies that tasks remain necessary, that their financing is feasible, and that they are executed economically and effectively. The law regulates the distribution of tasks and the collaboration between the canton and the municipalities. ### Art. 80 Constitution of the Canton of Schaffhausen, (2002) The canton and the municipalities ensure public security and protect the law. They ensure public peace. ### Art. 81 Constitution of the Canton of Schaffhausen, (2002) The canton and the municipalities shall ensure the protection of human beings and the natural environment against harmful or disruptive impacts. They shall ensure the long-term preservation of the natural foundations of life and the diversity of species. State and private activities must harm nature as little as possible. The canton and the municipalities shall promote the use of environmentally friendly technologies. The costs of environmental protection measures shall, as a rule, be borne by the persons who have necessitated them. ### Art. 82 Constitution of the Canton of Schaffhausen, (2002) The canton and the municipalities ensure the rational occupation of the canton’s territory, a prudent and measured use of the land, as well as the protection of the landscape. They enact regulations concerning construction, protection, and planning so that the built environment aligns with the needs of the citizens and respects the environment. ### Art. 83 Constitution of the Canton of Schaffhausen, (2002) The canton and the municipalities ensure that transportation is safe, meets the needs, and is environmentally friendly for all public road users. They strive to manage traffic flows in a manner that is as environmentally respectful as possible and encourage the use of environmentally friendly modes of transport. ### Art. 84 Constitution of the Canton of Schaffhausen, (2002) The canton and the municipalities ensure the water supply and take measures to ensure that the energy supply is sufficient and environmentally friendly. They promote a rational and economical use of water and energy. They encourage the use of renewable energies. They take measures to reduce the amount of waste and encourage recycling and proper disposal. They ensure that wastewater is treated without harming the environment. ### Art. 85 Constitution of the Canton of Schaffhausen, (2002) The canton and the municipalities, in collaboration with public and private institutions, are committed to preventing, alleviating, or eliminating situations of material or personal distress. They encourage foresight, personal effort, and individual initiative. They support measures for social integration. ### Art. 86 Constitution of the Canton of Schaffhausen, (2002) The canton and the municipalities take measures to combat unemployment and mitigate its consequences. They support measures for the reintegration of job seekers. They assist young people completing their schooling in joining training programs leading to professional activities or integrating into the workforce. ### Art. 87 Constitution of the Canton of Schaffhausen, (2002) The canton and the municipalities strive to protect and promote the health of the population. They support prevention and health education. They ensure the population has access to effective medical and paramedical assistance. The law regulates patients' rights. ### Art. 88 Constitution of the Canton of Schaffhausen, (2002) Education and training aim to promote the development of a sense of personal responsibility, the will for social justice, and a sense of responsibility towards the environment. ### Art. 89 Constitution of the Canton of Schaffhausen, (2002) The canton and the municipalities ensure that a comprehensive range of educational opportunities is accessible to all individuals residing in the canton and guarantee access to higher education programs. The canton grants educational subsidies. ### Art. 90 Constitution of the Canton of Schaffhouse, (2002) The canton, in collaboration with other educational providers and neighboring foreign regions, commits to coordinating educational pathways to facilitate transitions from one to another. The canton and the municipalities work in partnership with parents for the education and training of children. The canton and the municipalities may, to complement their own educational offerings, collaborate with private educational providers. ### Art. 91 Constitution of the Canton of Schaffhausen, (2002) The canton and the municipalities: a. encourage the creation of contemporary culture and the preservation of traditions b. preserve and maintain cultural assets, monuments, and sites worthy of protection c. facilitate access to cultural life d. encourage cultural relations between the different communities that make up the population, between the cantons, and with foreign countries e. support cultural institutions. ### Art. 92 Constitution of the Canton of Schaffhausen, (2002) The canton and the communes encourage the judicious organization of leisure activities and particularly support efforts in favor of youth work and sports. ### Art. 93 Constitution of the Canton of Schaffhausen, (2002) The canton and the municipalities create favorable conditions for a successful economy. ### Art. 94 Constitution of the Canton of Schaffhausen, (2002) The canton may, in the interest of the regional economy, manage a bank or participate in the management of a bank. ### Art. 95 Constitution of the Canton of Schaffhausen, (2002) The canton has the sovereign rights reserved to it by law. It may grant exploitation rights to municipalities or to private individuals. ### Art. 96 Constitution of the Canton of Schaffhausen (2002) The canton and the municipalities manage finances in an economical, efficient, and contextually suitable manner, in accordance with the needs and responsibilities of the State. The canton establishes a comprehensive and coordinated planning of tasks and finances. Before taking on new tasks, the canton examines how they can be financed. ### Art. 97 Constitution of the Canton of Schaffhausen, (2002) Cantonal finances must be balanced in the medium term. Deficits must be covered within five years. If the canton’s deficit exceeds 5% of the current state account's revenues, the Council of State and the Grand Council shall take measures to ensure the balance of cantonal finances. ### Art. 98 Constitution of the Canton of Schaffhouse, (2002) The canton derives its resources notably from a. the collection of taxes and other charges b. the returns on its assets c. contributions from the Confederation and third parties d. the conclusion of loans and borrowings. ### Art. 99 Constitution of the Canton of Schaffhausen, (2002) The tax system is structured based on the principles of universality and equality before the law, and it takes into account the economic capacity of taxpayers. Taxes are calculated in such a way that the total burden on taxpayers is bearable according to social principles, does not excessively burden the finances of businesses, does not undermine the individual's desire to earn a living and save, and encourages personal provision. ### Art. 100 Constitution of the Canton of Schaffhouse, (2002) Through financial equalization, the canton encourages municipalities to develop their financial capacity and ensures a balanced tax burden. The law regulates financial equalization. The canton contributes financially to it. ### Art. 101 Constitution of the Canton of Schaffhausen, (2002) The financial oversight of the canton is ensured by an independent body acting on behalf of the Council of State and the Grand Council. The head of financial oversight is elected by the Grand Council upon the proposal of the Council of State. ### Art. 102 Constitution of the Canton of Schaffhausen, (2002) The communes are autonomous public entities. They assume all public tasks that do not fall under the jurisdiction of the Confederation or the canton. The principles set out in Articles 38 to 48 also apply to the organs of the communes, unless they concern only the cantonal authorities. The law may establish the minimum requirements that communes are obliged to meet in the performance of their tasks. ### Art. 103 Constitution of the Canton of Schaffhausen, (2002) Within the limits of higher law, the municipalities regulate their organization in a municipal constitution. A municipal constitution acquires the force of law when it is approved by the Council of State. ### Art. 104 Constitution of the Canton of Schaffhausen, (2002) Any merger or division of municipalities, or any transfer of territory from one municipality to another, requires the agreement of the municipalities concerned and the approval of the Grand Council. The canton may encourage voluntary mergers of municipalities. ### Art. 105 Constitution of the Canton of Schaffhausen, (2002) Within the limits of the Constitution and the law, communes are authorized to define their own organization, to elect their authorities, to perform their tasks according to their own judgment, to levy necessary taxes, and to manage their affairs with complete autonomy. ### Art. 106 Constitution of the Canton of Schaffhausen, (2002) The canton encourages cooperation between the municipalities. It may participate in such cooperation. It supports the interests of the municipalities beyond the canton’s borders. The municipalities may form municipal associations or choose other forms of organization defined by law in order to jointly fulfill certain tasks. The law determines the necessary content of the statutes of inter-municipal organizations. The participation rights of the electorate and the authorities of the municipalities that are members of an inter-municipal organization must be preserved. When a task cannot be executed by other means, the Council of State may compel two or more municipalities to cooperate. ### Art. 107 Constitution of the Canton of Schaffhausen (2002) The canton and the municipalities may agree on the transfer of certain administrative tasks between them for execution against payment. The canton may associate with municipalities to manage an administrative unit or an enterprise and establish joint management or supervisory bodies. The rights of the legislative authorities and the voters remain reserved. In case of dispute, the Supreme Court decides. ### Art. 108 Constitution of the Canton of Schaffhausen, (2002) The Evangelical Reformed Church, the Roman Catholic Church, and the Christian Catholic Church are recognized as public law corporations endowed with legal personality. The Grand Council may recognize other religious communities as public law entities. The conditions and effects of the recognition of public law described in Articles 109 to 113 apply by analogy. ### Art. 109 Constitution of the Canton of Schaffhausen, (2002) The recognized Churches organize themselves according to the principles of democracy and the rule of law. They establish organizational statutes which must be approved by the Council of State. ### Art. 110 Constitution of the Canton of Schaffhausen, (2002) Membership in a recognized church is governed by its statutes. It is possible to leave a church at any time by a written declaration. ### Art. 111 Constitution of the Canton of Schaffhausen, (2002) The recognized Churches may organize into parishes, which are endowed with legal personality. In their organizational statutes, they regulate the oversight of the parishes and their finances, as well as the election of their clergy. ### Art. 112 Constitution of the Canton of Schaffhausen, (2002) Recognized churches may levy an ecclesiastical tax on their members. Liability to the tax is governed by cantonal tax legislation, taking into account the applicable tax base. The law regulates the contributions of the canton to the recognized churches. ### Art. 113 Constitution of the Canton of Schaffhausen, (2002) The recognized churches shall ensure sufficient legal protection for their members and parishes. Decisions of the highest ecclesiastical legal protection bodies may be appealed before the Supreme Court. ### Art. 114 Constitution of the Canton of Schaffhausen, (2002) The Constitution may be revised partially or completely at any time. Constitutional revisions are conducted according to the procedure applicable to laws, insofar as the Constitution does not provide otherwise. ### Art. 115 Constitution of the Canton of Schaffhausen, (2002) Partial revision aims to amend one constitutional provision or several intrinsically linked constitutional provisions. ### Art. 116 Constitution of the Canton of Schaffhausen, (2002) The electorate decides on the initiation of the total revision procedure. It also decides whether the revision will be prepared by a constituent assembly or by the Grand Council. The modalities for the election and revocation of the constituent assembly are the same as those for the election and revocation of the Grand Council. Provisions on incompatibilities and term duration do not apply. The constituent assembly adopts its own regulations. If the draft constitution is not accepted, the council responsible for the revision prepares a second one. If the second draft is also rejected by the electorate, the decree ordering the revision becomes void. ### Art. 117 Constitution of the Canton of Schaffhausen, (2002) This Constitution shall enter into force on a date set by the Grand Council. On this date, the Constitution of the Canton of Schaffhausen dated March 24, 1876, shall be repealed. ### Art. 118 Constitution of the Canton of Schaffhausen, (2002) The provisions of the current law that are contrary to this Constitution are repealed. ### Art. 119 Constitution of the Canton of Schaffhausen, (2002) Normative acts enacted by an authority that is no longer competent or according to a procedure that is no longer authorized remain provisionally in force. The revision of these acts shall be carried out in accordance with this Constitution. ### Art. 120 Constitution of the Canton of Schaffhausen, (2002) The new laws required by this Constitution and the amendments to the current laws must be adopted without delay. The Grand Council shall establish a legislative program. ### Art. 121 Constitution of the Canton of Schaffhausen, (2002) Upon the entry into force of this Constitution, the members of the authorities and those of the cantonal administration and the courts shall remain in office according to the provisions of the current law until the end of the current term of office. The provisions of this Constitution apply to new elections and to by-elections. ### Art. 122 Constitution of the Canton of Schaffhausen, (2002) The previous law remains applicable to popular initiatives submitted before the enactment of the present Constitution, as well as to referendum requests concerning projects adopted before this date. Any popular initiative requesting a partial revision of the former Constitution and submitted before the adoption of the present Constitution shall be transformed by the Grand Council into a project for the partial revision of the present Constitution. ### Art. 123 Constitution of the Canton of Schaffhausen (2002) The Constitution is published in the official journal and incorporated into the compendium of cantonal laws.