Constitution of the Canton of Aargau (Kantonsverfassung, KV) - The People and State Authority (KV)

1. State authority derives from the people. It is exercised by those eligible to vote and by the authorities.

1. The people and authorities shall base their actions on law and conduct themselves in good faith. Every public activity must be appropriate to its objectives.

1. The canton actively participates in the structuring of the Swiss Confederation in accordance with federal law.

2. It prudently and loyally carries out the tasks assigned to it by the federal government.

1. The Canton of Aargau collaborates with other cantons on all tasks that are sensibly resolved on an intercantonal basis. It promotes the cooperative activities of the cantons.

1. The canton is divided into municipalities.

2. The municipalities organize and manage their affairs autonomously under the supervision of the canton.

1. The cantonal and municipal citizenship rights are governed by law.

1. Fundamental rights bind all public authority.

2. To the extent that they are inherently suitable, they obligate private individuals among themselves.

1. Fundamental rights may only be restricted to the extent that federal law or this constitution permits.

2. For persons who are in a special relationship of dependency with the state, fundamental rights may additionally only be restricted to the extent required by the special public interest underlying this relationship.

1. People and authorities respect and protect the dignity of the individual.

1. All persons are equal before the law.

2. No one may be disadvantaged or favored because of their sex, descent, origin, language, race, social status, membership of a confession, or religious or political beliefs.

1. The freedom of faith and conscience is inviolable.

2. Ideological views and religious prescriptions do not exempt one from fulfilling civic duties.

1. Religious communities are free in the structuring of their doctrine, organization, and worship.

2. Religious communities must not impair public peace among members of different religious communities or the rights of citizens.

1. Everyone has the right to freely form their opinion and express and disseminate it in word, writing, image, or by other means, as well as to freely receive the expression of opinion of others.

2. Everyone has the right to receive information intended for the public and to disseminate facts known to them.

3. Provisions concerning the protection of youth and personal relationships, as well as laws regarding mass media, remain reserved.

4. Censorship is prohibited.

5. The call for criminal acts does not fall under the protection of freedom of expression.

1. Academic instruction and research as well as artistic activities are free. Instruction and research must respect the dignity of the creature.

1. Personal freedom is inviolable. Everyone has the right to life, physical and mental integrity, and freedom of movement.

2. The private and family life’s secrecy and intimate sphere, protection against data misuse, the inviolability of the home, and the confidentiality of correspondence and telecommunications are guaranteed.

3. Reserved are the measures provided by law for the protection of youth and health, to enable welfare, legal proceedings, criminal prosecution, and the execution of sentences. Temporary interventions to maintain public order and safety are also permissible.

4. Infringements on the freedom of will, torture, and other inhumane treatments are not permissible under any circumstances.

**1. All Swiss citizens have the right of free movement throughout the entire territory of the canton. They may settle in any location and depart at any time.**

1. The freedom of assembly is guaranteed.

2. Assemblies on public grounds may be restricted if they pose a serious and immediate threat to public order and safety.

1. Freedom of association is guaranteed, provided that the purposes pursued and the means employed are not unlawful.

2. No one shall be compelled to join a private-law association.

1. Everyone has the right to submit requests and petitions to the authorities. These must be answered.

1. Every person has the right to freely choose and practice a profession and to engage in economic activities freely.

2. This is subject to police regulations, the cantonal sovereign rights, and economic policy measures permissible under federal law.

1. Property and proprietary rights are guaranteed. Legislation defines their content.

2. Property restrictions may be imposed based on legal grounds in the public interest.

3. Expropriations may only be ordered according to the provisions of the law by the Grand Council or the Government Council.

4. In the case of expropriations and property restrictions equivalent to expropriation, full compensation must be made.

1. The parties involved have the right to be heard and to fair treatment in administrative proceedings.

2. The inexperienced shall not be disadvantaged in the proceedings. Those with limited means have the right to legal aid without charge.

**1.** Everyone who is deprived of their freedom of movement must be immediately and clearly informed of the reasons for the measure. They are entitled to be heard by a judge or a specially authorized official within 24 hours of the arrest and to have the deprivation of liberty reviewed by a judge.

**2.** If a deprivation of liberty or any other serious restriction of personal freedom proves to be unlawful or unfounded, the responsible public entity owes full compensation for the damage and, if necessary, satisfaction.

1. The retroactive effect of decrees is impermissible if it leads to a disproportionate burden.

1. The state promotes general welfare and social security.

2. In consideration of individual responsibility, it takes measures within the scope of its legislative powers and federal law so that everyone

a) can receive education and further education according to their abilities and inclinations,

b) can earn their livelihood through appropriate work and is protected against unjustified loss of employment and the consequences of unemployment,

c) can find suitable housing under affordable conditions,

d) has the means indispensable for their existence.

1. For the fulfillment of tasks not assigned to the canton by federal law, a constitutional basis must be provided.

2. This reservation does not apply to the municipalities.

3. When the municipalities are expressly mentioned in this section of the constitution, they are entitled and obligated to assume the mentioned tasks.

1. The canton and municipalities ensure public order and safety. They specifically protect life, freedom, health, and morality. They prevent social emergencies.

1. Every child has the right to an education that is appropriate to their abilities.

2. The canton supports the parents in the upbringing and education of the children.

3. The school system is regulated by law.

**1. Providers of Compulsory Public Education are the Municipalities or Municipal Associations.**

2. The Canton supports the municipalities and the municipal associations in fulfilling these tasks, particularly through the remuneration of teachers and members of the school administration in public schools.

3. The municipalities and municipal associations participate in the personnel expenses of public schools. The law establishes the framework for participation.

4. The Canton supports or conducts special schools and homes.

5. It supervises the public schools as well as the special schools and homes.

1. The canton operates the secondary schools and teacher training institutions.

2. It supports vocational training and continuing education and oversees the vocational education system. It may operate vocational schools and courses to prepare for higher technical colleges.

3. It ensures general education for all young people, including those who do not follow a structured curriculum.

4. It promotes adult education.

1. The law establishes

a) the decision-making powers of the Education Council and its responsibilities as a preparatory body of the Government Council,

b) the responsibilities of the District School Councils and the Municipal Councils.

1. The canton makes an appropriate contribution to the Swiss university and vocational school system as well as to scientific research.

2. It may operate a university, research institutions, or higher vocational schools.

1. The canton may support recognized private schools.

2. Private schools at the elementary school level are subject to the supervision of the canton.

1. Tuition at public schools and educational institutions is free of charge for residents of the canton. Exceptions are determined by law.

2. ...

3. For children who are disadvantaged due to the location of their residence, social reasons, or disability, the school authorities shall provide compensatory measures.

4. The canton may grant educational allowances.

1. Education at public schools must respect the parents' right to educate and raise their children and the personality of the students.

2. Teachers at public schools are bound by the constitutional order and state educational objectives in their teaching.

1. The canton promotes cultural creation and community life.

2. It ensures the preservation of cultural assets. It particularly protects valuable townscapes as well as historical sites and monuments.

3. It maintains institutions for the cultivation of sciences, arts, and folklore.

1. The canton enacts a law concerning mass media, particularly to promote the diversity of information.

1. The canton takes measures for the preservation and strengthening of the family.

1. The canton and the municipalities shall consider the interests and needs of the youth in all their activities.

2. The canton and the municipalities may support the creation of appropriate infrastructures.

1. The canton, in collaboration with municipalities and private organizations, attends to individuals in need. They promote measures for self-help.

2. It may create or support provident and welfare institutions, as well as supplementary facilities to the federal social insurance.

3. It supports or operates homes within the framework of social assistance.

4. It ensures the alleviation of unemployment and implements measures for retraining and further education.

1. The canton shall regulate by law the principles of the rights and obligations of prisoners in penal and measures enforcement, of remand prisoners, as well as of those institutionalized for welfare reasons.

1. The canton, in cooperation with municipalities and private entities, takes measures for the preservation and restoration of health.

2. It creates conditions for adequate medical care for the entire population. It promotes home nursing care.

3. It promotes and supervises medical institutions. It may establish its own facilities.

4. It supports research as well as the education and training of medical personnel.

5. It monitors and coordinates the medical sector.

6. It promotes physical education and sports.

1. The canton and municipalities ensure, through their legislation and in the exercise of all their competences, the greatest possible protection of humans and their natural environment against harmful and nuisance impacts.

2. In particular, air and water should be kept clean, the beauty and uniqueness of the landscape and the fertility of the soil preserved, and noise mitigated.

3. The canton and municipalities enact the necessary provisions for the preservation and protection of animal and plant life, distinctive soil formations, rocks, and bodies of water. Special consideration must be given to the landscape when exploiting raw materials.

4. They establish and maintain protected areas.

5. The canton of Aargau shall, within twenty years of the entry into force of this constitutional provision, establish an alluvial protection park to protect the threatened habitat of river floodplains and to preserve the scenically and biologically unique remnants of former floodplain areas of national importance. This park, starting from the water gate of Switzerland, consists of partial areas along the rivers Aare and Reuss and their tributaries. It shall cover an area of at least one percent of the canton’s total area.

1. The canton and municipalities are committed to limiting climate change and enhancing their ability to adapt to its adverse effects. In doing so, they take into account the objectives of the federal government and the international agreements binding on Switzerland.

1. The canton and municipalities protect the mineral springs and spas, as well as their tranquil and recreational landscapes.

1. The municipalities shall, in accordance with cantonal law, ensure the environmentally sound disposal of wastewater and waste. The canton may assume particular tasks related to waste disposal. The recycling of old materials is to be promoted.

1. The canton, municipalities, and municipal associations ensure the orderly settlement of the land and the appropriate use of the soil. In all their activities, they take into account the objectives and requirements of spatial planning.

1. The canton establishes regulations concerning public property as well as its use and utilization.

1. The canton and municipalities enact building regulations as well as provisions regarding land development. The canton regulates land consolidation and boundary adjustments.

2. The canton arranges the surveying and cadastre system.

3. It may promote social housing construction, the renovation of housing, and the distribution of home ownership.

1. The canton may, in collaboration with the municipalities, provide suitable locations for a temporary stay for itinerant ethnic minorities.

1. The canton and the municipalities regulate traffic and road management.

2. They ensure traffic regulation that is as economically favorable and environmentally friendly as possible.

3. The canton, together with the municipalities, promotes public transport.

1. The canton strives, in collaboration with social partners, to maintain social peace and balanced economic development.

2. In doing so, the economy shall be efficient, maintain the highest possible level of employment, achieve regional balances, develop in a diverse and environmentally sustainable manner, and enable broad ownership distribution.

2bis. The canton takes measures to keep regulatory density and administrative burdens on the economy as low as possible. In this regard, it particularly considers the concerns of small and medium-sized enterprises.

3. The canton aligns its own economically significant activities with the goals of cantonal economic policy.

1. The Canton shall regulate by law

a) * the promotion of an efficient, sustainably productive agriculture focused on supply security, as well as measures to preserve the natural resources and maintain the cultural landscape,

b) * the ensuring of appropriate management of all forests,

c) * ...

d) * ...

e) * ...

1. The canton enacts regulations within the framework of federal legal reservations and authorizations to ensure the orderly exercise of economic activities.

1. The canton promotes and coordinates the measures of the municipalities to ensure the water supply.

1. The canton promotes environmentally sustainable and economically efficient energy supply as well as the economical use of energy. It can establish and maintain utility companies or participate in such enterprises.

2. The Great Council may regulate the legal form, tasks, and organization of the utility companies to the extent that the law contains no provisions. It decides on the canton’s participation in these enterprises.

1. The canton has exclusive economic rights to

a) hunting,

b) fishing,

c) the extraction of mineral resources,

d) the sale of salt,

e) the capture and use of public waters, healing springs, and thermal water,

f) building fire insurance,

g) the use of the deep subsurface.

2. The canton may exercise these powers itself or transfer them to third parties by law or concession. Existing private rights to royal rights are reserved.

1. ...

1. The canton may, by law, declare insurances to be mandatory and may establish or support insurance institutions.

1. The canton maintains a cantonal bank to promote economic and social development.

1. The canton may, based on laws, participate in mixed-economy and private enterprises to fulfill its duties.

1. Entitled to vote are all Swiss citizens who have reached the age of 18, reside in the Canton of Aargau, and are not under comprehensive guardianship due to permanent incapacity of judgment or represented by a person with a power of attorney for care.

2. The right to vote entitles and obliges participation in elections and referendums as well as in municipal assemblies.

3. Entitled to vote for the election of the Council of States, deviating from paragraph 1, are also Swiss citizens residing abroad who are eligible to vote on federal matters in the Canton of Aargau.

1. The right to vote is exercised in the municipality where the eligible voter resides and is registered. Exceptions are determined by law.

2. There are no waiting or adjustment periods for Swiss citizens.

1. Eligible voters elect

a) the Grand Council,

b) the Constitutional Council,

c) the Government Council,

d) the Councillors of State,

e) * the Presidents and judges of district courts, with the exception of specialized judges of the district courts,

f) * the Justices of the Peace,

g) * ...

h) municipal authorities according to the provisions of this Constitution and the law,

i) other authorities and officials designated by law.

2. The Grand Council, the Constitutional Council, and the Municipal Councils are elected through the same proportional representation system. A minimum threshold may be established by law for the election of the Grand Council and the Constitutional Council.

3. All other authorities are appointed through the majority voting system.

1. The following are subject to a referendum in all cases

a) Amendments to the constitution,

b) Laws, if they are not adopted by the absolute majority of all members of the Great Council; if this quorum is reached, a quarter of all members of the Great Council may nevertheless subject the law to a referendum,

c) Resolutions of the Great Council and popular initiative requests concerning the initiation of a total revision of the constitution,

d) Popular initiative requests for the enactment, amendment, and repeal of constitutional provisions or laws, provided that the Great Council does not wish to abide by them or presents counter-proposals,

e) Resolutions of the Great Council pursuant to § 63 para. 1 lit. b-d and f of this constitution, if they are not adopted by the absolute majority of all members of the Great Council; if this quorum is reached, a quarter of all members of the Great Council may nevertheless subject the Great Council resolution to a referendum.

2. Resolutions of the municipal assembly or the municipal council are subject to a mandatory referendum according to the law and municipal regulations.

1. Upon the request of 3,000 eligible voters, the following are submitted to the referendum

a) * Laws,

b) * Basic plans of state activity designated by law, when they are binding,

c) * International and inter-cantonal treaties approved by the Grand Council,

d) * Decisions of the Grand Council regarding new one-time expenditures exceeding five million francs or new annually recurring expenditures exceeding 500,000 francs,

e) * Decisions of the Grand Council concerning the borrowing of foreign funds that lead to an increase in the canton’s indebtedness,

f) * Additional decisions of the Grand Council designated by law.

2. A referendum on new expenditures concerning buildings and construction contributions may only be excluded and the final authority of the authorities ordered, provided that by law or by a decision of the Grand Council subject to the referendum,

a) the costs are determined or

b) for cantonal buildings, the object and location are specified or

c) * in the case of construction contributions, the objects are designated.

3. The Grand Council may be authorized to borrow foreign funds for a specific purpose, provided that their amount is specified by law or by a decision of the Grand Council subject to the referendum.

4. Decisions of the municipal assembly or the local council are subject to an optional referendum according to the provisions of law and municipal regulations.

1. 3,000 eligible voters can request a total revision of the constitution or the enactment, amendment, or repeal of individual constitutional provisions or a law.

2. Popular initiative requests are submitted as a general proposal or, provided they do not require a total revision of the constitution, as fully elaborated drafts. Popular initiative requests for partial revision of the constitution must be limited to a single regulatory area.

1. The Grand Council shall first examine whether a popular initiative petition complies with the formal requirements, does not contradict federal law, and if it pertains to statutory law, whether it is in accordance with cantonal constitutional law. If it does not meet a requirement, it shall be declared invalid.

2. If the popular initiative petition is valid in the form of a general suggestion, the Grand Council shall draft a corresponding proposal. If the Grand Council does not wish to follow the popular initiative petition, the people shall decide whether the council should comply with the petition.

3. The Grand Council may counter a popular initiative petition with a counter-proposal. In this case, the people must decide simultaneously in a main vote on the popular initiative and in a conditional vote on the counter-proposal.

1. In the preparation of drafts, the Grand Council or the Executive Council may consult with the cantonal political parties and interested organizations.

2. If drafts are subject to mandatory or optional referendums, a consultation may not be omitted. Anyone may submit proposals.

1. Political parties participate in the formation of opinion and will of the voters.

2. Cantonal parties, whose objectives and internal organization conform to democratic principles, may be granted contributions by law.

1. The authorities ensure the lawful and effective operation of the state. They safeguard the public interest.

2. The organization of the authorities is guided by the principle of the separation of powers.

1. Eligible voters of the canton are eligible for election to the Grand Council, the Government Council, the courts, and the offices established by this constitution. Exceptions for the courts are determined by law.

2. For offices that require special expertise, additional eligibility requirements may be established.

3. No one may simultaneously be a member of the Grand Council and the Government Council or a member of one of these authorities and the Supreme Court or the Judicial Court. Further incompatibilities are defined by law.

4. Those in a public-law employment relationship under cantonal law cannot be members of the Grand Council. Exceptions that are compatible with the principle of separation of powers are determined by law.

5. Members of authorities and officials must recuse themselves from matters that affect them directly.

6. The law regulates the appointment and removal of members of authorities.

1. The term of office for authorities is four years.

2. The law stipulates, in compliance with § 61, which employees are elected for a term of office and which are employed under contract.

1. The seat of the Grand Council, the Government Council, and the Supreme Court is Aarau.

1. The official language is German. Authorities and administrative offices may also communicate in other national languages or in English, provided that no disadvantages arise for other parties involved in the proceedings.

1. Every person is entitled to inspect official records.

2. The deliberations of the Grand Council and the courts are public.

3. The law specifies the exceptions required by public and private interests.

1. The public shall be continually informed about the activities of the authorities.

2. The government council shall ensure balanced information for the eligible voters with regard to cantonal referendums.

1. The members of authorities and the civil servants shall be sworn to the constitution and the law before taking office.

1. The canton and the municipalities are liable for the damage unlawfully caused to third parties by their authorities, officials, and other employees in the exercise of their official duties. They are also liable for damage lawfully caused if individuals are severely affected and cannot reasonably be expected to bear the damage themselves. The law may provide for exceptions and regulates the assertion of the liability claim.

2. Organizations and persons fulfilling delegated public tasks are liable for the damage they unlawfully cause with their assets; if these assets are insufficient to cover the damage, the commissioning public entity is liable for the shortfall. The law may provide for exceptions and regulates the assertion of the liability claim.

3. The law regulates the recourse of the canton and municipalities against the person who caused the damage according to paragraphs 1 and 2.

4. Members of the Great Council are not legally responsible for statements made in the Great Council and its committees. However, the Great Council is authorized to lift immunity regarding a statement if it is obviously abused.

1. The Grand Council is the legislative and supreme supervisory authority of the Canton.

2. It consists of one hundred and forty members.

3. The law regulates the representation of members who are prevented from attending for an extended period.

1. The people elect the Grand Council by proportional representation.

2. Electoral districts are the regions. The allocation of seats to political groups is based on their voter strength in the canton.

3. The mandates are distributed among the electoral districts according to the residential population.

1. The Grand Council enacts all important provisions in the form of laws, particularly those that establish the rights and obligations of citizens or the principles of the organization of the canton and the municipalities. It regulates the implementation of federal law by statute, insofar as federal law, this constitution, or statutes do not prescribe otherwise.

2. It may issue decrees for implementing provisions, insofar as the laws expressly authorize it to do so. Decrees are not subject to a referendum.

3. Laws require two readings.

4. Laws whose entry into force cannot be delayed may be enacted immediately if the absolute majority of all members of the Grand Council determine the urgency. These laws are subject to a subsequent referendum in accordance with § 62 para. 1 lit. b or § 63 para. 1 lit. a of this constitution.

5. The law may provide for the applicability of private implementing provisions. It regulates the conditions and limits of applicability.

1. The Great Council approves the plans of state activities designated by law.

2. The law regulates the binding of the authorities, the involvement of the Great Council, and the procedure.

1. The Grand Council exercises overall supervision over all authorities and bodies that perform cantonal duties.

1. The Grand Council sets the budget and approves the annual report with the annual accounts.

2. It decides on new expenditures and the incurrence of external funds, subject to the competencies of the people.

1. The Grand Council

a) approves international and inter-cantonal treaties, unless the Executive Council is declared competent by law for the final conclusion,

b) exercises the federal participatory rights granted to the cantons in the Federal Constitution (Articles 45, 141, and 160),

c) can express an opinion on consultations that the Executive Council addresses to federal authorities,

d) resolves jurisdictional conflicts between cantonal authorities,

e) regulates the salaries, pensions, retirement benefits, and any disability and survivors' pensions paid by the canton,

f) determines the fees due to the canton and its institutions, unless laws provide otherwise,

g) enacts generally binding land use plans for the canton,

h) * elects

1. * the presidents and members of the courts responsible for the entire territory of the canton, with the exception of the compulsory measures court and the conciliation body for equality matters,

2. * the vice-president of the Superior Court,

3. * the voting members of the judicial administration,

i) grants cantonal citizenship to foreigners,

k) exercises the right of pardon,

l) * regulates public procurement by decree.

2. Further responsibilities can be conferred on the Grand Council by law, provided they are not of a law-setting nature.

3. If international or inter-cantonal treaties require constitutional amendments, these must be made before approval or final completion.

1. The Bureau of the Grand Council consists of the President and two Vice Presidents. The President and the two Vice Presidents are elected annually.

1. The Grand Council may establish committees from among its members to prepare for deliberations.

2. By law, specific decision-making powers from the responsibilities of the Grand Council may be delegated to these committees. However, the Grand Council must retain the ability to take over an individual matter.

3. The members of the Grand Council may form factions. These factions are entitled to contributions.

1. The right to present new matters for discussion to the Grand Council belongs to the members, the factions and standing committees of the Grand Council, the Council of Government, and the Judicial Authority.

1. Insofar as the constitution does not contain any provisions, the basic principles of the organization of the Grand Council and the interaction between the Grand Council and the Executive Council, as well as the judiciary leadership, are regulated by law.

2. The detailed provisions regarding the conduct of business are determined by the Grand Council in a set of rules of procedure.

1. The Executive Council is the leading and highest executive authority of the canton.

2. It consists of five members.

1. The executive council is appointed by the people through the majority voting system.

2. No more than one member of the executive council may belong to the Federal Assembly.

1. The Government Council, subject to the powers of the voters and the Grand Council, determines the main objectives and means of state action. It plans and coordinates state activities.

2. Additionally, the Government Council is responsible for

a) maintaining public order and safety,

b) representing the canton internally and externally,

c) fostering relations with federal and other cantonal authorities,

d) the finalization of international and inter-cantonal treaties, insofar as laws declare it competent,

e) conducting elections, insofar as these are not assigned to other bodies.

1. The Executive Council heads the cantonal administration. It supervises the other bodies with public duties.

2. It ensures the lawful and effective operation of the administration and determines the appropriate organization within the framework of the constitution and law.

3. Within the framework of the budgets of the grand council's management areas, it establishes the budgets for the management areas assigned to it.

4. It decides on administrative complaints in accordance with the provisions of the law.

5. It denies the application of enactments that conflict with federal law, cantonal constitutional law, or statutory law.

1. The Executive Council submits drafts of constitutional amendments, laws, and decrees to the Grand Council.

2. It can enact legally binding provisions in the form of regulations. The purpose and principles of the content design of the regulation must be established in the law or decree.

2bis. The Executive Council can enact the provisions necessary for the implementation of federal law,

a) insofar as federal law determines the content of the implementing law in the sense of paragraph 2,

b) in other cases if there is a matter of urgent timing; the regulatory provisions lose their validity at the latest two years after their entry into force.

3. It issues the necessary regulations for international and inter-cantonal agreements, provided that cantonal laws are not required.

4. It can further issue regulations to address disturbances to public order and security or social emergencies that have occurred or are immediately threatening. Such regulations expire at the latest two years after their entry into force.

5. The competence of the Executive Council to enact laws may not be transferred.

1. The Executive Council makes its decisions as a collegiate authority.

2. It elects the Landammann and the Deputy Landammann for a term of one year. Re-election for the following year is excluded.

3. The State Secretary leads the State Chancellery, which serves the Executive Council as a general staff office.

1. The cantonal administration is divided into departments. Decentralized administrative units may be established.

2. The departments are led by members of the Executive Council.

3. Administrative responsibilities of the canton may be transferred to independent institutions, municipalities, inter-cantonal and inter-municipal organizations, or mixed companies. Exceptionally, private law organizations may also be entrusted with the fulfillment of such tasks, provided that the legal protection of citizens and supervision by the Executive Council are ensured.

1. Insofar as the constitution contains no provisions, the fundamental aspects of the organization of the Executive Council, the cantonal administration, and public service law shall be governed by statute.

2. Dependent institutions may, under the conditions applicable to the regulatory authority of the Executive Council, issue provisions concerning their organization and the use of their facilities.

3. Independent institutions shall determine their organization and the fees applicable to them within the framework of the law.

1. The courts are independent and subject only to law and justice.

2. They are obliged to refuse the application of decrees that contradict federal law or cantonal constitutional or legal provisions.

1. The administration of justice is the responsibility of the courts. Subject to the jurisdiction of other authorities, the judicial administration plans the activities of the courts, sets their budgets, and exercises supervision. It represents the courts in dealings with other authorities.

2. No more than two members of the Supreme Court may belong to the Federal Assembly.

1. The courts shall be established in a clear and simple manner by law. It should be possible to administer justice reliably and swiftly.

2. The canton shall provide free legal advice centers.

3. There shall be courts for civil, criminal, and administrative jurisdiction. A court may be appointed for multiple jurisdictions.

4. Arbitration in matters of property disputes is recognized. Arbitral awards may be appealed to state courts in accordance with the law.

5. The judicial administration may issue regulations concerning the operational organization of the courts. The purpose and principles of the content of the regulations must be established in law or decree.

1. Civil Jurisdiction is Exercised by

a) * the Conciliation Authorities,

b) the District Court Presidents,

c) * the District Courts

cbis) * the Single Judges at the Higher Court,

d) the Higher Court.

2. Employment, commercial, tenancy, and insurance disputes may be assigned to special courts.

1. Criminal jurisdiction shall be exercised by

a) the Coercive Measures Court,

abis) the District Court Presidents,

b) the District Courts,

c) * ...

d) the Higher Court.

2. The law may authorize cantonal administrative bodies and municipal authorities to impose minor fines.

3. The authority to impose fines stipulated by federal law regarding tax offenses for breaches of procedural obligations and tax evasion may, by law, be assigned to the tax authorities and administrative courts.

1. Administrative jurisdiction is exercised by

a) the Specialized Administrative Court,

b) the Superior Court,

c) the Judicial Court.

2. Jurisdictional conflicts between administrative authorities and administrative courts are resolved by the Administrative Court Division of the Superior Court.

3. Disputes concerning the liability of the canton and municipalities, as well as organizations and persons fulfilling delegated public tasks, are resolved by the Administrative Court Division of the Superior Court. The law may provide exceptions.

1. By law, the office of the cantonal ombudsman can be established.

1. The districts are decentralized territorial organizations of the canton responsible for cantonal administration tasks, judiciary, and elections. District courts exist.

1. The canton is divided into the districts of Aarau, Baden, Bremgarten, Brugg, Kulm, Laufenburg, Lenzburg, Muri, Rheinfelden, Zofingen, and Zurzach.

2. The allocation of municipalities to the districts, as well as boundary modifications, are carried out by decree after consulting the municipalities affected. If a municipality rejects the allocation, the decision of the Grand Council is subject to an optional referendum.

1. The municipalities are autonomous public law corporations. They promote the welfare and development of their residents.

2. The local resident municipalities perform tasks of local significance, insofar as these do not fall under the jurisdiction of other organizations.

3. The civil parish municipalities manage the communal property, support the local resident municipalities, and promote cultural life.

1. For the merger, division, and reorganization of the municipalities, the approval determined by a vote at the ballot box from the affected municipalities and the authorization of the Grand Council are required.

2. In a municipality, there is only a single local civic community. Local civic communities may merge with the corresponding municipalities if both communities decide to do so.

1. Municipalities are authorized, within the framework of the constitution and the law, to organize themselves, elect their authorities and officials, perform their tasks at their own discretion, and independently manage their public affairs.

2. The legislature grants municipalities the widest possible scope of action.

1. Necessary organs of each municipality are the entirety of eligible voters at the ballot, the municipal assembly or the residents' council, the municipal council, and the mayor.

2. Within the framework of the constitution and the law, municipalities establish their organization in a municipal code.

1. The canton promotes and regulates cooperation among municipalities. It can support municipal mergers.

2. Multiple municipalities can unite to form municipal associations for the fulfillment of specific tasks. The organization is established in statutes, which are subject to the approval of the governing council.

3. By law, municipalities can be obliged to form or join a municipal association.

4. The eligible voters of the affiliated municipalities have voting, proposal, and decision-making rights in the municipal associations according to the provisions of the law.

1. The Evangelical Reformed, the Roman Catholic, and the Christian Catholic Church are recognized as national churches with public legal independence and their own legal personality.

2. The Grand Council may publicly recognize additional churches and religious communities, to which the following provisions shall apply mutatis mutandis.

3. The remaining religious communities are subject to private law. They have the option to have the affiliation of their members recorded in state registers.

1. The regional churches organize themselves autonomously according to democratic principles within the framework of this constitution.

2. They adopt an organizational statute, the issuance and amendment of which are subject to the approval of the Grand Council. Approval must be granted if the organizational statute does not contradict federal law or cantonal law.

3. The supreme body of each regional church is the Synod. The Synod elects the executive body and enacts the organizational statute.

1. Canton residents belong to the state church of their denomination if they meet the requirements specified in the organizational statute.

2. Withdrawal can be effected at any time by written declaration.

3. Voting and election rights are governed by the organizational statute.

1. Regional churches are composed of parishes according to the provisions of their organizational statutes.

2. Parishes are independent public law entities with their own legal personality. Each parish elects a church council as its executive body, its representatives to the synod, and its pastors.

1. For the fulfillment of church tasks listed in the organizational statute, the parishes may levy taxes from their members.

2. Tax liability is governed by state tax legislation and assessment. The organizational statute shall provide for a right of referendum on the decisions of the parishes regarding tax rate and expenditures.

3. The national churches are entitled to collect uniform contributions from their parishes.

4. The national churches are responsible for financial equalization among the parishes.

5. The national churches and parishes administer their assets and income independently according to the state principles applicable to the administration of public property and public revenues.

1. The regional churches are responsible for ensuring adequate legal protection for members of the confession and the church congregations.

2. Final decisions of the regional church authorities can be appealed to state organs in accordance with legislation. These bodies have the authority to review the decisions for compliance with the constitution and the organizational statute.

1. The diocesan matters of the Roman Catholic National Church are governed by the agreements of the diocesan entities among themselves and with the Curia. The representation of the canton in the diocesan conference of the Diocese of Basel is managed by delegates of the Roman Catholic National Church.

1. The financial budget shall be managed in a frugal, economical, cycle-appropriate manner and balanced over the long term. Compliance with these principles shall be verified through adequate control.

2. The canton and the municipalities shall ensure comprehensive task and financial planning, which must be aligned with the federal financial planning.

3. Tasks and expenditures shall be continuously reviewed for their necessity and appropriateness as well as their financial impact and sustainability.

1. The cantonal financial budget, the collection of cantonal levies, and the financial equalization shall be regulated by law. The Grand Council is authorized to set the tax rate within a framework limited by law.

2. Municipalities collect their taxes according to cantonal law. They set the tax rate.

1. The canton and the municipalities raise their funds through

a) the levying of taxes, fees, and contributions,

b) the revenues from assets,

c) contributions and shares in the income of public corporations, enterprises, and institutions,

d) the raising of loans and bonds.

2. Municipal associations cover their expenses from the contributions of their members as well as from fees and contributions.

1. In the structuring of taxes, the principles of solidarity and the ability to pay of the taxpayers must be observed.

2. Taxes must be assessed in such a way that the overall burden on taxpayers with levies is sustainable according to social principles, does not overburden the economic capacity, does not weaken the willingness to generate income and wealth, and promotes self-provision.

3. Tax evasion and resistance against tax collection must be effectively punished.

1. The canton ensures fiscal equalization.

2. Fiscal equalization aims to establish balanced conditions in tax burdens and municipal services and to enable the timely development of the municipalities.

3. The granting of fiscal equalization contributions may be subject to conditions and requirements based on the law.

1. The constitution may be revised, in whole or in part, at any time.

1. Partial revisions of the constitution shall be undertaken through the legislative process with a mandatory referendum.

2. The subject of a partial revision may be

a) a single constitutional provision, or

b) a plurality of constitutional provisions that constitute a coherent regulatory area.

1. The people decide, based on a popular initiative or a resolution of the Grand Council, whether to initiate a total revision of the constitution.

2. The total revision is to be carried out by a constitutional council.

1. The Constitutional Council is elected by order of the Government Council from all eligible voters in the same number of members and in the same manner as the Grand Council.

2. The Constitutional Council issues rules of procedure and determines its procedures.

1. The revised constitution is subject to a referendum.

1. This Constitution shall enter into force on January 1st of the year following its approval by the Federal Assembly.

2. At that time, the State Constitution of April 23, 1885, of the Canton of Aargau shall be repealed.

1. The terms for persons and functions mentioned in the cantonal constitution refer to both genders.

1. Provisions in the existing law that contradict this Constitution are repealed. Special provisions of this transitional arrangement remain reserved.

1. Decrees that were enacted through a procedure no longer provided for by this constitution shall remain in effect.

2. The amendment of these decrees is governed by this constitution. In particular, provisions that require the form of a law under this constitution can only be amended through legislation.

3. Provisions concerning the fulfillment of public duties that lack a constitutional basis within the meaning of § 26 paragraph 1 of this constitution shall remain in effect until they are amended.

4. § 82 paragraph 3 of this constitution shall apply to the amendment of existing international and inter-cantonal treaties.

5. Proposals submitted to the Great Council for the enactment of legal provisions or for resolutions pursuant to § 63 of this constitution will be treated according to the previous law if they were pending before the Great Council at the time of the entry into force of the constitutional amendment of December 18, 2001.

1. Not later than five years after the coming into force of this Constitution, authorizations granted to the Great Council and the Government Council for expenditure approval, loan acquisition, and legislative action shall lapse, insofar as they do not comply with § 63 paragraphs 1, 2, and 3, § 78 paragraphs 1 and 2, or § 91 paragraph 2 of this Constitution.

2. The Great Council may, within five years from the coming into force of this Constitution, adjust such authorizations of the authorities to the provisions of § 63 paragraphs 2 and 3, § 78 paragraph 2, and § 91 paragraph 2. To the extent that these resolutions cannot be enacted as decrees and regulations pursuant to § 78 paragraph 2 and § 91 paragraph 2, they are subject to a popular vote according to § 63 paragraph 1 and § 131 of this Constitution.

1. When new laws are to be enacted, the authorities shall expedite their drafting.

2. The legislation pertaining to § 69 paragraphs 3 and 4 must be submitted for a referendum no later than one year before the start of the 1985/89 term.

3. The regional churches must submit their organizational statutes to the Grand Council for approval within three years from the date this constitution comes into force.

1. Until statutory provisions are enacted, the following provisions apply to the right to request optional referendums according to § 63 paragraph 1 of this Constitution

a) The referendum period lasts 90 days from the official publication of the enactments and decisions subject to the optional referendum.

b) Agreement to the referendum request is given through individual signatures on signature lists.

c) Each signature list must include the designation of the enactment or decision subject to the referendum with the date of adoption by the Great Council, the municipality of the eligible signatories, as well as an indication that falsifying the outcome of a signature collection for a referendum is a criminal offense (Article 282 of the Penal Code).

d) Eligible voters must write their name legibly and by hand on the signature list and provide all further information necessary for identity verification, such as first name, birth year, and address. They may sign the same referendum request only once.

e) The signature lists must be submitted to the municipal office of the municipality where the signatories are eligible voters before the expiration of the referendum period. The municipal clerk certifies the voting rights of the eligible signatories in the municipality free of charge, after which the signature lists must be promptly returned to the senders.

f) The voting rights certification must indicate the number of certified signatures in words or numbers, be dated, contain the handwritten signature of the municipal clerk, and bear the seal of the certifier.

g) The voting rights certification will be refused if and to the extent that the conditions mentioned in letters c and d of this paragraph are not fulfilled. The reason for refusal must be noted on the signature list. If the eligible voter has signed multiple times, only one signature will be certified.

h) The referendum request must be submitted to the State Chancellery within the referendum period.

i) The State Chancellery can rectify deficiencies in the certification before and after the expiration of the referendum period, insofar as the success of the referendum depends on it.

k) Signatures on lists that do not meet the specified requirements or were submitted after the expiration of the referendum period, as well as signatures from signatories whose voting rights are not certified, invalid, or wrongly certified, are invalid.

l) After the expiration of the referendum period, the government council determines whether the referendum has been validly established and publishes the corresponding order in the Official Gazette of the Canton of Aargau, indicating the number of valid and invalid signatures.

4. The term of office for the members of the authorities mentioned in § 61 paragraph 1 letter a, c, e, and f, the professional judges of the district courts, and the school councilors that begins in the year 2013, lasts until December 31, 2016. The subsequent four-year term of office begins on January 1, 2017.

5. The term of office for the authorities and employees of the canton elected by the Grand Council, which begins in the year 2013, lasts until December 31, 2018. The subsequent four-year term of office begins on January 1, 2019.