CH
Constitution of the Canton of Glarus, May 1, 1988 (1988)
Table of Provisions (158)
Statutory Text (158 Articles)
The Canton of Glarus is a state of the Swiss Confederation.
The power resides in the people, who exercise it directly during the Landsgemeinde, at the communal assembly, or through the ballot, and indirectly through the authorities and officials they have elected.
The constitution and all other parts of the legal order of the canton are subordinate to federal law.
1 The amendments of May 7, 2006, enter into force on January 1, 2011. 2 The State Council may advance the entry into force of isolated provisions or groups of provisions.
1 As of January 1, 2011, only the following three municipalities shall exist in the canton, in the form of united municipalities (a union of the municipal municipality, the school municipality, and the Tagwen): Bilten, Mühlehorn, Obstalden, Filzbach, Niederurnen, Oberurnen, Näfels, and Mollis; Netstal, Riedern, Glarus, and Ennenda; Mitlödi, Sool, Schwändi, Schwanden, Haslen, Luchsingen, Betschwanden, Rüti, Braunwald, Linthal, Matt, Engi, and Elm. 2 Other voluntary mergers are reserved. 3 The voters of the merged municipalities shall decide on the name of the new municipality. 4 In the event that the municipalities mentioned in para. 1 do not merge on their initiative by December 31, 2010, the merger shall take effect on January 1, 2011, without any further decision being necessary. 5 The law on municipalities may provide that, for a transitional period corresponding to one legislative term, municipalities that are required to merge according to para. 1 shall have a right to at least one seat in the municipal executive. This right may be granted to each municipality or to a group of municipalities.
In the event that the school municipalities and the corresponding municipal communities have not been merged by December 31, 2010, the merger into unified municipalities as defined in Art. 148, para. 1, will take effect from January 1, 2011, without the need for any further decision.
In the event that the Tagwen and the corresponding municipal communities have not been merged by December 31, 2010, the unification into unified municipalities pursuant to Art. 148, para. 1, shall take effect as of January 1, 2011, without the need for any further decision.
The entry into force of Art. 29, para. 1, in its version of May 7, 2006, results in the abolition of the remaining assistance municipalities. The State Council may stipulate that the canton assumes the responsibilities of the assistance municipality, per municipality and step by step. This assumption of tasks implies that the assistance funds revert to the canton, which is bound by the purposes of their allocation; if, on September 20, 2005, there was no longer an independent assistance municipality or if its merger with the municipal commune was already in effect, the commune is released from the obligation to transfer the assistance funds to the canton. The law provides for the details.
The entry into force of Art. 29, para. 1, in its version of May 7, 2006, results in the abolition of the municipal guardianship authorities. The law may provide that these guardianship authorities may still settle the matters they were seized with before its entry into force. It regulates the details.
1 If, upon the entry into force of the amendment of May 7, 2006, a unified municipality does not possess the essential legal regulations, the State Council shall adopt the necessary provisions for the required duration. 2 As the supervisory authority within the meaning of Art. 138 et seq. of the Municipal Law, the State Council may, based on this constitutional provision, take all necessary measures to ensure the transition between the decisions of the Landsgemeinde, on the one hand, and the creation of the three unified municipalities, the assumption by the canton of the tasks of the former welfare municipalities and municipal guardianship authorities, as well as the dissolution of the welfare municipalities, on the other hand. The State Council may do the same if it allows for the immediate and economical implementation of the new municipal structure. In particular, it concerns itself with preserving the assets as much as possible, employing them effectively, utilizing them sparingly and lawfully so as not to disadvantage other municipalities. 3 This provision enters into force on the day of its adoption by the Landsgemeinde.
The law may provide that the governing bodies of the three municipalities created on January 1, 2011, which were elected before the end of the 2006/2010 term of office, shall take office on July 1, 2010, with all the rights and duties, tasks, and powers of the outgoing governing bodies as of June 30, 2010, of the municipal communes, the Tagwen, and the school communes.
1 The Landsgemeinde shall adopt in an ad hoc decree the provisions concerning the manner and financing of compensation for differences in financial situations between municipalities that merge in accordance with Art. 148, para. 1. It shall establish in particular the amount of the cantonal contribution and the ceiling of the amount that may be allocated to the merging municipalities as compensation for asset-related matters. 2 It may transfer its competencies to the Grand Council, particularly insofar as it concerns the adaptation of contributions set in 2006 to the situation as of December 31, 2010. 3 This provision comes into force on the day of its adoption by the Landsgemeinde.
The prosecutor, the two investigating judges, and the current juvenile prosecutor shall remain in office beyond their term, until December 31, 2010.
All state authority is limited by fundamental rights.
Everyone is obliged to respect the rights of others when exercising their fundamental rights.
Fundamental rights may only be restricted within the framework of the constitution and on the basis of the law. Exceptions are made in cases of serious, immediate, and obvious danger.
No infringement on freedom should go beyond what is required by a legitimate purpose and an overriding public interest.
In exercising their private law competencies, the canton and the municipalities must adhere to the meaning and spirit of the fundamental rights.
Human personality, dignity, and freedom are inviolable.
Equality of rights is guaranteed to everyone.
No one shall suffer prejudice or gain advantage based on their gender, language, race, homeland, or origin, nor their religious, ideological, or political opinions.
Everyone has the right to life, to bodily and mental integrity, to freedom of movement, to personal security, to the protection of their health, and protection against misuse of their personal data.
Privacy and the home are inviolable.
The freedom of belief and conscience is inviolable.
The freedom to form religious communities and the freedom to perform religious acts are guaranteed, as long as they do not seriously infringe upon public order or confessional peace.
The free formation, expression, and dissemination of opinions, through words, writings, images, or any other means, is guaranteed provided that public order, the protection of youth, and the protection of the personal interests of third parties are safeguarded.
Freedom of the media is guaranteed.
There is no censorship of the press, films, or other media.
The freedom of culture and art is guaranteed.
Freedom of education is guaranteed within the limits of the law and the objectives of school policy and education policy.
The freedom of association and assembly is guaranteed.
Meetings and demonstrations in public areas may be subject to authorization. They can only be prohibited or limited when there is a serious and immediate threat to public order and safety.
Freedom of establishment is guaranteed.
Property is guaranteed.
The law may provide for expropriations and restrictions on property in the public interest.
In cases of expropriation or restrictions on property amounting to an expropriation, full and complete compensation is due.
The freedom of economic activity, in particular the free choice and free exercise of a profession as well as the freedom to engage in gainful employment, is guaranteed.
No one may be deprived of their natural judge.
Every authority or administrative service is required to grant the concerned individuals the right to be heard. Everyone has the right to consult the files concerning them, unless overriding public or private interests require confidentiality.
State bodies are required to provide reasoning for their decisions and indicate the available channels of appeal; exceptions provided by law are reserved.
Within the framework established by law, access to justice is free of charge for indigent persons.
Legislation determines the essential guarantees for individuals in cases of search, arrest, or seizure, as well as during criminal proceedings, the execution of sentences, and institutional internment.
All state activity must be in accordance with the law and must adhere to the principles of proportionality and good faith.
The canton, the municipalities, and other institutions performing public tasks are liable for damages caused unlawfully in the course of their activities by individuals they employ. The law regulates the details, including the extent of liability, the applicability of other liability norms, and the possibility of recourse against the responsible individual.
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Regulations with retroactive effect may not impose new obligations on individuals.
The cantonal right of citizenship establishes all the rights and duties of a citizen of the Confederation, the canton, and the municipality.
The cantonal right of citizenship is inseparable from the municipal right of citizenship.
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The law regulates the acquisition and loss of the cantonal and municipal right of citizenship.
Everyone must fulfill the obligations imposed on them by the legal order of the canton and the communes.
Participation in the Landsgemeinde, in communal assemblies, and in secret elections and votes is a civic duty.
Everyone is obligated to protect the environment.
Within the framework of federal law, the canton and the municipalities enact regulations and take measures aimed at the protection of humans and their environment.
They preserve the beauty and specific character of the landscape and sites, as well as natural and cultural monuments.
The canton and the municipalities commit to mitigating climate change and its effects. They contribute to the climate goals of the canton, the Confederation, and the international treaties to which Switzerland is bound.
They ensure that appropriate measures are implemented. Measures for climate protection must be compatible with the environment, society, and the economy.
They provide financial incentives for achieving climate goals.
The canton and the municipalities ensure, within the framework of federal law, the orderly occupation of the territory and the judicious use of the land.
The canton and the municipalities regulate constructions. The needs of disabled persons must be appropriately considered.
The canton and the municipalities govern the planning, construction, and maintenance of roads and paths.
The canton supervises water bodies in accordance with the law.
It establishes regulations concerning public matters, as well as their use and exploitation.
The canton and the municipalities guarantee public order and safety.
The canton and the municipalities promote social security and general well-being.
State social assistance must reinforce personal responsibility and mutual aid.
The canton exercises, within the framework of federal law, supervision over social services.
The canton and the municipalities may supplement the benefits of the Confederation in the field of social security.
The canton regulates, within the framework of federal law, unemployment assistance and the placement services.
In addition to what federal law provides, it may issue regulations concerning employment relationships and the protection of workers.
The canton and the municipalities may take measures to provide employment opportunities.
Social assistance and guardianship are the responsibility of the canton. The municipalities support the canton in fulfilling this task to the extent necessary to accomplish these tasks effectively and economically.
The law regulates the supervision exercised by the canton over social assistance institutions, particularly over medical institutions.
The canton and the municipalities provide assistance for the integration of foreigners.
The canton may promote housing construction or provide rent subsidies, either independently, in addition to federal law, or in cooperation with municipalities or third parties.
The canton and the municipalities promote public health, healthcare planning, and patient care.
The law regulates the supervision exercised by the canton in the field of public health.
The canton regulates the practice of medical professions and health policing.
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The canton guarantees the operation of a hospital with its site in the Canton of Glarus (cantonal hospital). The law regulates the legal form of the cantonal hospital and the services it is obliged to provide.
The canton guarantees both outpatient and inpatient healthcare.
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The law regulates supervision.
The canton and the municipalities strive to protect and strengthen the family as the fundamental unit of the community.
Within the age limits set by the law, attending school is compulsory.
Everyone must be able to attend public schools without any hindrance to their freedom of belief and conscience.
The same educational opportunities must be guaranteed to individuals of both sexes.
For the duration of compulsory education, instruction is free in all public schools for persons residing in the canton. Instructional and educational materials are provided free of charge unless otherwise stipulated by the law.
The right to establish and manage private schools is guaranteed within the limits of the law.
Private schools may be supported by public funds.
The sector of schools and education is, in its entirety, under the supervision of the canton.
The municipalities manage the institutions of compulsory education.
In the field of education, the canton assumes the following tasks in particular
a. it manages a cantonal school;
b. it manages and supports vocational schools and courses for further education and training;
c. it promotes extracurricular music education.
The canton may delegate tasks related to vocational training to private enterprises, economic and professional associations, or other organizations.
It facilitates access to education through scholarships and social measures.
The canton regulates the management of daycare centers.
Physically and mentally disabled children receive appropriate and free education and training.
The canton supports or manages special schools and educational homes.
The law regulates the supervision exercised by the canton over special schools and educational homes.
The canton and the municipalities encourage the creation and activities in the cultural, artistic, and scientific fields.
They support adult education.
They encourage activities in favor of the youth.
The canton and the municipalities support health-promoting sports activities.
The canton and the municipalities strive to promote all sectors of the economy, particularly by creating favorable general conditions.
The canton and the municipalities may, in the public interest, support or operate organizations, works, or enterprises that serve the promotion of the economic development of the canton or participate in such institutions.
Within the framework of economic promotion, the canton ensures balanced development of all parts of the territory.
The canton may enact regulations to ensure the orderly conduct of economic activities.
The canton may, in addition to federal law, take measures aimed at maintaining and promoting agriculture.
The canton shall determine by legislative means the measures intended for the maintenance and exploitation of forests.
The canton and the municipalities may, in addition to federal law, take measures aimed at promoting silviculture.
The canton and the municipalities encourage public transport. They may participate in or operate transportation enterprises.
The canton and the municipalities promote a sufficient and environmentally friendly energy supply, as well as economical energy consumption. They may participate in or operate enterprises that ensure energy supply.
The regal rights over mines, salt, hunting, and fishing belong to the canton.
The canton regulates by legislative means the capture and exploitation of geothermal energy.
The canton operates a property insurance institution.
The institution may manage other types of property insurance in accordance with the law.
The canton operates a cantonal bank. It guarantees its commitments.
The cantonal bank must be managed with an economic perspective. It must primarily serve the entire cantonal economy.
The canton and the municipalities are authorized to levy taxes, in accordance with the law, to meet the needs of public finances.
They tax the income and wealth of natural persons as well as the profits and capital of legal entities.
The law determines the type and amount of other taxes. It regulates other contributions that the canton, the municipalities, or other public law corporations may levy.
The canton, the municipalities, and other public law corporations may require fees based on ordinances or municipal regulations.
All taxpayers must contribute according to their means and economic capacity to the burdens of the State and the municipalities.
The canton, the municipalities, and other public law entities must manage their budgets according to the principles of legality, budgetary balance, economy, urgency, profitability, causality, compensation for advantages, the pursuit of efficiency, and the non-allocation of general taxes, with the exception of construction taxes.
The law specifies in detail the competences regarding expenditures.
It determines the scope and regulates the execution of financial audits by independent bodies.
The canton and the municipalities establish financial plans.
The budget includes the probable income and revenue as well as the authorized expenses and expenditures of the accounting period.
The account includes all the income and revenue as well as the expenses and expenditures and indicates the financial situation at the end of the accounting period.
The principle of transparency applies in accounting matters.
In the drafting of legislative acts or decisions, the authorities must in all cases assess the financial implications and, if necessary, create the complementary coverage.
They must present the relevant information and proposals in the drafts.
The canton supports the municipalities in the execution of their tasks by allocating to them, within the framework of the prescribed legal provisions, compensations and financial aids for special purposes.
The law may require the municipalities to provide contributions in cash or in kind to finance the execution of tasks of common interest to the canton or the municipalities.
Financial equalization includes resource equalization and charge compensation. The municipalities finance the resource equalization, and the canton finances the charge compensation. The law regulates the details.
All Swiss citizens who are domiciled in the canton and municipality and have reached the age of 16 are entitled to vote.
Excluded from the right to vote are those who are under guardianship due to mental illness or mental infirmity.
The right to vote is exercised at the Landsgemeinde and, otherwise, at one's domicile unless the law provides for facilities; it is acquired with settlement.
In cantonal matters, every active citizen has the right: a. to participate, as a voter and, from the age of 18, as a candidate, in elections held at the Landsgemeinde or by ballot; b. to make proposals for the Landsgemeinde; c. to take part in discussions and vote at the Landsgemeinde; d. to vote by ballot on opinions the canton submits to the Confederation regarding the construction of nuclear facilities on the territory of the Canton of Glarus and neighboring cantons.
In municipal matters, every active citizen has the right: a. to participate, as a voter and, from the age of 18, as a candidate, in elections held at the municipal assembly or by ballot; b. to make proposals for the municipal assembly; c. to take part in discussions at the municipal assembly as well as to vote in ballots held at this assembly or by ballot.
Every active citizen has the right, at any time, alone or together with other active citizens, to submit initiatives (Memorial Proposals) to the Landsgemeinde. The municipalities and their governing bodies have the same right.
An initiative may concern any matter falling within the competence of the Landsgemeinde.
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When an initiative does not respect the principle of unity of form, the principle of unity of matter, or higher law, or when it is not executable, the Grand Council declares it totally or partially void.
The initiative must have a precisely defined object, be motivated, and be signed by its authors.
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The Grand Council decides on the legal admissibility of initiatives and their relevance. Relevant initiatives are those admissible initiatives that receive at least ten votes.
The Grand Council submits the initiatives no later than the second Landsgemeinde following the decision regarding their relevance.
Proposals from the State Council to the Landsgemeinde are not subject to a decision regarding their relevance; however, if the Grand Council does not address a proposal from the State Council or rejects it, the proposal becomes void.
Everyone has the right to submit petitions and requests to the authorities.
The authority to which the petition or request is addressed is obliged to respond within the scope of its competence or to transmit it to the competent authority.
The Landsgemeinde is the assembly of active citizens of the canton. It constitutes the supreme body of the canton.
The memorial of the Landsgemeinde contains the matters addressed at the Landsgemeinde, in particular the draft laws or decisions of the Grand Council and the submitted initiatives.
Initiatives that have not been declared relevant by the Grand Council are mentioned separately, without prior notice.
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The memorial of the Landsgemeinde is distributed in sufficient numbers to the active citizens no later than four weeks before the Landsgemeinde.
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The ordinary Landsgemeinde meets on the first Sunday of May in Glarus.
The State Council decides on any possible postponement.
An extraordinary Landsgemeinde takes place when the Landsgemeinde so decides, when at least 2,000 active citizens request it by specifying the matters to be addressed, or when the Grand Council convenes the active citizens for the handling of urgent matters.
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The State Council may take measures to facilitate participation in the Landsgemeinde, particularly for active citizens coming from distant municipalities.
The Landamman presides over the Landsgemeinde. If he is unable to attend, he is replaced by the Landesstatthalter, and if the latter is also unable, by the longest-serving member of the Council of State.
The Landamman opens the Landsgemeinde with an address. The participants who have the right to vote are then sworn in.
The drafts of the Grand Council published in the memorial or in the Official Gazette form the basis of the debates; the debates may not concern other matters.
Each participant entitled to vote has the right to propose, support, amend, reject, postpone, or refer proposals.
Amendment proposals must have a material connection with the subject under discussion.
The Landsgemeinde will only address initiatives that have not been declared pertinent by the Grand Council upon a particular proposal; it can decide either to reject them or to consider them the following year.
Anyone wishing to speak about a proposal must first formulate their proposal and then briefly motivate it.
The proposal of the Grand Council is approved when no opposing proposal is presented.
When such a proposal is made, the Landsgemeinde must vote.
When two or more amendments are made to a draft, a final vote must be conducted.
In the case of elections, a vote takes place in all instances.
The Landamman estimates the majority. In doubtful cases, he may seek the advisory opinion of four members of the State Council.
His decision is unappealable.
The Landsgemeinde is competent: a. to elect the Landamman and the Deputy Landamman; b. to elect the presidents of the courts, the part-time vice-presidents, and the other judges; c. ...
The Landsgemeinde is competent to amend the cantonal constitution. It also adopts all fundamental and important provisions in the form of a law.
Furthermore, it is competent to: a. approve concordats and other treaties when they concern a matter under the constitution or the law or entail an expense according to letter b; b. rule on all undetermined one-time expenditures related to the same object that exceed 1 million francs and all undetermined periodic expenditures related to the same object that exceed 200,000 francs per year; c. acquire real estate by direct negotiation as an investment or as a precautionary measure when the price exceeds 5 million francs; d. make other decisions that are referred to it by the Grand Council; e. set the tax rate.
The Landsgemeinde may delegate its competencies to the Grand Council or the Council of State provided that the delegation is limited to a specific domain and that the purpose and extent of the delegated competency are precisely defined.
Active citizens elect the members of the Grand Council by ballot, using the proportional representation system.
The law determines the electoral districts and regulates the allocation procedure.
Active citizens elect the members of the State Council by ballot, using the majority system.
Active citizens elect the two members of the Council of States by ballot, using the majority system.
The legislative, executive, and judicial powers are, in principle, separate.
Every active citizen is eligible for election as a member of the Grand Council, as a State Councilor, or as a judge, as a member of the Council of States or as a member of other cantonal or communal authorities from the age of 18.
For the presidencies of the courts and part-time vice-presidencies, complete legal studies leading to the attainment of a license or master's degree issued by a Swiss university are a condition of eligibility.
For certain authorities, the law may provide for other eligibility conditions.
The law or an ordinance of the Grand Council may authorize persons without voting rights to hold certain official positions.
Members of the State Council, the courts, and the cantonal employees designated in the law may not be part of the Grand Council.
A State Councillor may not be a member of a court. He may also not be a member of a communal authority, the Federal Chambers, nor be an employee or teacher of the canton or a commune.
An administrative judge may neither be part of another cantonal authority nor be an employee of the canton. He may also not be a member of a communal authority.
A member of an administrative commission may not be an employee of the canton. The law may provide for other incompatibilities for certain appeals commissions.
The law determines which activities are incompatible with the tasks of a judicial authority or an authority responsible for criminal prosecution.
A father or mother and their children, siblings, spouses, individuals in a registered partnership, grandparents and their grandchildren, brothers-in-law or sisters-in-law, as well as parents-in-law and their sons-in-law and daughters-in-law cannot be part of the same cantonal or communal authority.
This provision does not apply to the Grand Council or to communal parliaments.
Members of an authority who have a direct personal interest in a matter cannot participate in the decision.
Stricter legal provisions are reserved.
The term of office for members of authorities and officials of the canton and municipalities is four years.
It [the term of office] begins on July 1, subject to the following exceptions: for the Grand Council, it begins at the constitutive session; for the members of the State Council, at the Landsgemeinde. The term of office for deputies to the Council of States begins at the constitutive session following the full renewal of the National Council.
Renewal is possible upon the expiration of the term of office.
Provisions relating to the Landamman, the Landesstatthalter, the president, and the vice-president of the Grand Council are reserved.
Members of the State Council, the two deputies to the Council of States, as well as the court presidents and other judges must leave their positions by the Landsgemeinde or by the end of June following the day they reach the age of 65.
An authority or a commission may make a decision if more than half, but at least three of its members are present.
Stricter legal provisions are reserved.
The authorities shall inform the electorate in a timely manner about the matters subject to voting, regularly on substantive issues, and sufficiently early on important problems and projects.
In order to protect the population in cases of disruptions in supply or severe shortages that the economy cannot resolve on its own, as well as in the event of a disaster or war, the law may grant the Grand Council or the Council of State, for a limited duration, powers that deviate from the rules of the present constitution.
As soon as circumstances permit, the Council of State shall report to the Grand Council on the measures taken, and the latter shall, in turn, report to the Landsgemeinde.
The Grand Council is the parliament of the canton. It consists of 60 members.
It is the highest supervisory authority of the canton over the government, administration, and courts.
It prepares the constitutional and legal texts enacted by the Landsgemeinde and other decisions thereof.
It issues ordinances, makes decisions in administrative and financial domains, and adjudicates on important or generally significant planning matters.
The Grand Council annually elects from among its members the president, the vice-president, and the other members of the office of the Grand Council.
The Grand Council may establish commissions to prepare its deliberations, to exercise high supervision, or to conduct special investigations.
Members of the Grand Council may form groups.
The Grand Council shall meet as often as the business requires.
The sessions of the Grand Council are public.
Closed sessions may only be held if two-thirds of the members present decide so by a secret vote.
The Grand Council regulates by ordinance its organization, its sessions, the deliberation procedure, the election and organization of committees, as well as the rights and obligations of the members of the Grand Council.
Constitutional amendments, laws, and ordinances are subject to a second reading.
Members of the Grand Council deliberate and vote without instructions.
Every member of the Grand Council has the right, within the scope of their parliamentary activities, to request information from departments, the State Chancellery, other authorities responsible for administrative tasks, and the courts concerning legal or technical matters that are not covered by the duty of confidentiality.
The committees of the Grand Council obtain information on files or have access to them when the fulfillment of their duties requires it. In justified cases, the State Council may release one of its members, a cantonal employee, or a cantonal teacher from the duty of confidentiality. Similarly, the management committee of the courts may, in justified cases, release a member or an employee of a court from the duty of confidentiality for matters concerning the administration of justice.
When the Grand Council, in order to shed light on significant events, establishes an investigative commission, the commission may obtain all necessary information from the State Council, the courts — for matters concerning the administration of justice — and the municipal authorities — for matters concerning the collaboration between the canton and municipalities. Members of the authorities as well as employees and teachers of the canton and municipalities are required to provide information, even on findings that fall under the duty of confidentiality. Private individuals can be heard in accordance with the law on administrative jurisdiction.
The members of the Council of State participate with advisory voice in the sessions of the Grand Council and, as necessary, in the sessions of its committees.
The Grand Council elects the members of authorities and commissions as well as state employees to the extent provided by legislation; additionally, it appoints the commanders of the cantonal battalions.
The Grand Council is also competent to elect prosecutors, juvenile lawyers, and public defenders. It subsequently appoints the Attorney General.
The Grand Council is competent to: a. deliberate on projects that must be presented to the Landsgemeinde and to submit proposals thereto; b. enact ordinances when authorized by the Constitution; c. enact ordinances when authorized by the Landsgemeinde; d. adopt provisions for the application of federal law and execution provisions of intercantonal law, insofar as they do not concern a subject matter of the law; e. approve or denounce intercantonal agreements and other treaties, to the extent that the Landsgemeinde or the Council of State are not competent; f. legislate in urgent cases in place of the Landsgemeinde; such legislative acts are effective until the next ordinary Landsgemeinde.
The powers of the Grand Council shall include: a. to establish the budget, to examine and approve the annual accounts, as well as to acknowledge the comprehensive task and financial plan; b. to decide on all one-time, unspecified expenses related to the same object that do not exceed 1 million Swiss francs, as well as on all recurring, unspecified expenses related to the same object that do not exceed 200,000 Swiss francs per year; c. to decide on the acquisition of real estate by direct negotiation as an investment or as a precautionary measure when the price exceeds 600,000 Swiss francs and does not exceed 5,000,000 Swiss francs; d. to decide on the subscription or renewal of long-term loans.
The Grand Council is charged with: a. examining and approving the minutes of the Landsgemeinde; b. convening extraordinary Landsgemeinde assemblies; c. exercising supreme oversight over the State Council, the cantonal administration, and the courts, particularly by examining and approving the management report; d. adopting plans of fundamental or general significance and adopting guidelines for the planning of buildings, structures, and cantonal facilities; e. granting concessions to the extent not otherwise provided for by law; f. setting the salaries and daily allowances as well as social benefits for members of the authorities, canton employees, and teachers of the canton and communes; g. resolving jurisdictional disputes between the State Council and the courts; h. exercising the right of pardon in cases prescribed by law; i. ordering the mobilization of cantonal troops when public order is disturbed in the canton or when there is an external threat; k. ...
The Grand Council may, on behalf of the canton, participate in federal political life, notably by: a. submitting a cantonal initiative; b. requesting a referendum with other cantons; c. ...
The Grand Council may delegate its powers to the Council of State provided that the authorization is limited to a specific area and that its purpose and scope are precisely defined.
The Council of State is the managerial authority and the highest executive authority of the canton. It is composed of five members who conduct their activities as a primary occupation.
It plans the activities of the State, takes initiatives, ensures relations with the Confederation and with other cantons, coordinates the administration's work, and represents the canton both internally and externally. The powers of the Landsgemeinde and the Grand Council remain reserved.
It directs the cantonal administration, participates in the legislative activities of the canton and the Confederation, assumes responsibilities in the areas of law enforcement and administrative justice, monitors municipalities and other public task holders in accordance with the law, and ensures the connection between the authorities and the public.
The State Council makes important decisions and decisions of principle in a collegial manner.
Matters are assigned to its members by department.
The law regulates the organization of the State Council in its main guidelines.
The Landamman is the primary representative of the canton and the president of the Council of State.
They lead the planning, coordination, and information within the Council of State.
The Landesstatthalter is the deputy of the Landamman.
The Landamman and the Landesstatthalter are elected for two years by the Landsgemeinde from among the members of the Council of State. Their term of office begins with the Landsgemeinde.
If the election takes place during the term of office, it does not count.
After two years, the outgoing Landamman cannot be re-elected as Landamman nor elected as Landesstatthalter, and the outgoing Landesstatthalter can only be elected as Landamman.
The State Council appoints the members of commissions and the persons responsible for public duties; furthermore, it appoints the employees and teachers of the canton unless the law or an ordinance of the Grand Council delegates this competence to an administrative unit subordinate to the State Council. The competencies of the Grand Council and the judicial authorities are reserved.
The State Council is competent to: a. prepare draft legislative acts and decisions for the Grand Council and the Landsgemeinde, as well as to conduct consultations regarding these drafts; b. issue implementing ordinances and administrative ordinances, and to issue ordinances that the Landsgemeinde or the Grand Council authorizes it to enact; c. conclude, amend, or terminate inter-cantonal agreements and other treaties to the extent that the Grand Council and the Landsgemeinde are not competent; d. issue ordinances and make decisions in situations of necessity and in other urgent cases, particularly to ensure the rapid implementation of federal provisions; these acts must be submitted as quickly as possible to the Grand Council or the next Landsgemeinde.
The State Council shall have the authority to: a. develop the budget proposal, maintain the annual accounts, and establish the financial plan; b. decide on all one-time, non-specified expenditures related to the same object that do not exceed 200,000 francs and on all periodic, non-specified expenditures related to the same object that do not exceed 40,000 francs per year; c. acquire real estate by direct agreement for investment purposes or as a precautionary measure when the price does not exceed 600,000 francs; d. manage the assets of the canton, particularly by investing the state’s capital and ensuring the regular maintenance of the canton’s buildings and installations; e. subscribe to credits.
It is the responsibility of the State Council: a. to apply the constitution, execute laws, ordinances, and treaties, insofar as they do not fall under the jurisdiction of other bodies; b. to execute decisions, rulings, and judgments of other cantonal authorities where special bodies are not competent to do so; c. to direct and oversee cantonal public services; d. to decide on administrative law appeals, insofar as the legislation provides for it; e. to maintain relations with federal authorities, other cantons, or other states; f. to express opinions on projects originating from federal authorities insofar as, in the specific case, this competence has not been conferred to the Grand Council; g. to initiate appeals and actions on behalf of the canton; h. to decide on appeals for clemency insofar as the Grand Council is not competent.
The administration carries out its tasks guided by the concern for the common good, ensuring its actions comply with the law, and are efficient and economical.
The law regulates the principles governing the organization of the administration, the administrative procedure, and the appeal procedure in administrative matters.
The cantonal administration is divided into departments. Each member of the State Council heads a department. The State Council allocates the departments among its members and appoints deputies.
The State Chancellor directs the State Chancellery, which serves as the coordination service of the State Council; he is subordinate to the Landammann.
The departments, the State Chancellery, and the administrative units subordinate to them prepare and execute the affairs of the State Council. A law or ordinance may assign them the task of independently handling certain affairs.
A law may delegate administrative tasks to organizations or individuals of public or private law, provided that legal protection and oversight by the canton are guaranteed.
A law, an ordinance, or a decree of the Council of State may establish commissions that advise the Council of State or the departments in the exercise of their legislative activities, in the execution of their planning tasks, or on special issues.
Only a law or an ordinance of the Grand Council may transfer decision-making or supervisory powers to a commission.
The law regulates the rights and obligations of members of the authorities, employees of the canton, as well as teachers of the canton and the municipalities.
It particularly regulates the conditions of appointment and the incompatibilities concerning cantonal employees and teachers.
The courts are independent and are bound only by law and legal statutes.
They are organized autonomously. In this regard, the law provides for a common body.
The courts must refuse to apply normative acts that contravene federal law, the cantonal constitution, or cantonal laws.
The Cantonal Court adjudicates in matters of civil justice, criminal justice, and juvenile criminal justice as the cantonal court of first instance.
It consists of two presidencies and a number of members as determined by law.
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The Supreme Court adjudicates in matters of civil justice, criminal justice, and juvenile criminal justice as the cantonal court of last instance or as the sole cantonal jurisdiction.
It is composed of the presidency and a number of members determined by law.
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The Supreme Court exercises oversight over the administration of the Cantonal Court.
The Administrative Court has jurisdiction, as a court of first instance or as an appellate court, over disputes pertaining to administrative law or other disputes falling under public law.
It consists of the presidency and a number of members determined by law.
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It exercises oversight over the management of independent commissions.
The law regulates the organization and responsibilities of the courts as well as court procedure.
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Repealed
The law regulates the organization and competencies of the criminal prosecution authorities and the supervision thereof.
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The criminal prosecution authorities are independent in the application of the law and are bound only by the law.
Communes and associations of communes are autonomous public law corporations.
The existence of the communes and associations of communes, as well as their right to manage their affairs autonomously, are guaranteed within the limits of the constitution and the law.
Municipalities may form associations with other municipalities, either within or outside the canton, to carry out specific tasks.
The agreement concerning the establishment of the association and its statutes, as well as any amendments to these documents, must be approved by the concerned municipalities and receive the approval of the Council of State. In the case of intercantonal associations, the Council of State may also approve these amendments if it is provided that they can be accepted by the majority.
For justifiable reasons, the Council of State may create associations of municipalities and determine the content of agreements regarding their establishment and their statutes or compel municipalities to join an association of municipalities. The concerned municipalities may appeal to the Grand Council within 30 days against the decision of the Council of State.
The law regulates the organization of associations of municipalities and defines the rights of active citizens as well as the authorities of the municipalities that are associated with them.
The canton encourages collaboration among the municipalities.
The municipalities and municipal associations cooperate with other municipalities or municipal associations in the performance of all tasks of common interest.
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Modifications regarding the population of municipalities must be accepted by the affected electorate and approved by the Landsgemeinde.
Approval by the Grand Council is sufficient in parishes and for changes to municipal boundaries.
The municipalities manage all local matters that are not exclusively within the jurisdiction of either the Confederation or the canton.
Unless the constitution and the law provide otherwise, they determine their own organization by enacting a municipal regulation, elect their authorities, appoint their employees as well as their teachers, and carry out their tasks as they see fit.
The municipalities, the associations of municipalities, as well as their institutions and enterprises are subject to the supervision of the Council of State.
Unless the legislation provides otherwise, the Council of State only examines the compliance with the law of the decisions, orders, and normative acts of the municipalities.
If irregularities occur, it takes appropriate measures; in severe cases, it may limit or abolish the municipalities' right to self-administration.
The affected municipalities may lodge an appeal within 30 days with the Administrative Court against the decision of the Council of State.
Any person who has a personal and legitimate interest may file an appeal within the legal deadline, before the State Council or a department, against decisions, decrees, and normative acts made as a last resort by the bodies of municipalities and associations of municipalities. Both parties may challenge the appeal decision before the Administrative Court in accordance with the law.
In matters of elections and voting, any active citizen has the legal standing to appeal, subject to the exceptions provided by law.
The municipalities undertake all public tasks that are not exclusively the responsibility of the Confederation, the cantons, or the parishes (unified municipalities).
The municipality consists of persons residing within its territory.
Unless otherwise provided by law, the municipality is particularly responsible for all school matters.
The parish comprises individuals domiciled within the territory of the parish and belonging to the Church recognized by public law that is concerned.
The parish manages matters pertaining to its confession on the parish's territory in accordance with state law and the prescriptions of its Church.
The organization and administration of the parish must comply with the principles set forth in the cantonal constitution and the legislation on municipalities.
Provisions concerning the parish apply analogously to the communal organizations of other religious communities recognized as public law corporations.
The necessary organs of the municipality are: a. the electorate; b. the governing body; c. the municipal management commission or a parish audit body.
In the municipal community, the governing body is the municipal council; in the parish, it is the parish council.
Municipalities may establish a municipal parliament. It has at least 20 members and is constituted in accordance with the law and municipal regulations.
Every active citizen has the right to present proposals at any time to the governing body, intended for the electorate, concerning matters that fall within the competence of this body.
The law regulates the admissibility and form of the proposals as well as the manner in which they are to be handled.
Active citizens generally exercise their right to vote at the municipal assembly; it convenes as needed, but at least once a year.
An extraordinary municipal assembly takes place when the governing body decides, when the number of active citizens stipulated by law request it while specifying the matters to be addressed, or when the State Council orders it.
The law or the municipal regulation may, for certain matters, provide for election or voting by ballot. The municipal assembly may decide that an election or voting by ballot will exceptionally take place in other cases as well.
Members of the communal parliament are elected by ballot, on a proportional representation basis; the law regulates the electoral constituencies.
The mayor and the members of the municipal council are elected by ballot, on a majority basis.
The law determines the competencies and electoral procedures concerning other elections.
The electorate is empowered, in particular: a. to elect the president and the members of the executive body; b. to elect the president and the members of the management commission or the auditing body; c. to elect the members of other communal authorities and commissions as well as to appoint employees, unless this power has been delegated to the executive body; d. to enact the communal regulations; e. to enact other communal prescriptions, unless this power has been delegated to the executive body for specific matters; f. to establish the budget; g. to approve the accounts of the commune and the related reports from the management commission or the auditing body; h. to rule on expenditures and to decide on the acquisition and disposal of real estate as well as the granting of limited real rights on real estate, unless, according to the communal regulations, this power belongs to the executive body; i. to fix the rate of communal tax within the framework of cantonal tax legislation; k. to rule on the merger of the commune with another commune or on the dissolution of the commune, as well as on boundary changes; l. to rule on joining an association of communes, to approve the agreement on the founding of such an association and its statutes, as well as amendments to these two texts, and to conclude other agreements; m. to rule on other matters submitted to it by the executive body.
In communes with a communal parliament, the electorate is mandatorily empowered: a. to elect the members of the communal parliament; b. to elect the president and the members of the executive body; c. to enact the communal regulations; d. to make the decisions provided for in para. 1, let. h within the framework of the communal regulations as well as the decisions provided for in para. 1, let. i, k, and l.
A decision of the municipality within the competence of the electoral body may exceptionally be taken tacitly in urgent cases when the decision of the governing body, taken unanimously, or the decision of the municipal parliament, taken by an absolute majority, is publicized. This is permitted only if the number of active citizens specified by law does not subsequently request, within the allotted time, that it be submitted to a vote as a proposal at the next municipal assembly or the next ballot.
Municipalities with a municipal assembly may, in their regulations, provide that the governing authority is competent: a. to enact specific municipal normative acts as determined by Art. 131, para. 1, letter e; b. to make decisions up to a determined amount as provided in Art. 131, para. 1, letter h; c. to conclude certain contracts in accordance with Art. 131, para. 1, letter l.
These normative acts and decisions are subject to an optional referendum; the law establishes the deadlines and quorums.
Municipalities with a municipal parliament specify in the municipal regulations which normative acts and decisions of the parliament are subject to an optional referendum or which the parliament must submit to a vote of the electorate.
The creation of new corporations and the modifications in the composition of corporations must be approved by the Council of State or by a department.
Corporations may manage and utilize their assets autonomously, as long as the law does not provide otherwise.
They are subject to the supervision of the Council of State.
The Reformed Evangelical and Roman Catholic national churches, as well as their parishes, are corporations of public law recognized by the State and are autonomous.
The Grand Council may also recognize other religious communities as corporations of public law.
Religious communities that are not recognized by public law are subject to private law.
The legislation regulates the relationships between nationally recognized churches under public law and their parishes, on the one hand, and the State, on the other.
The churches manage their own internal affairs. The ecclesiastical constitution regulates the right to vote in ecclesiastical matters.
The constitution of a religious community recognized by public law must be approved by the Grand Council; approval is granted if the constitution does not violate either federal law or cantonal law.
Appeals can be filed with the Administrative Court, in accordance with the law and ecclesiastical regulations, against decisions, decrees, and normative acts of ecclesiastical authorities.
The obligations of the State and municipalities based on historical legal titles remain in effect.
The churches recognized by public law and their parishes have the right to levy taxes in accordance with the law. The canton and the municipalities may support the supraconfessional public interest activities of the churches with subsidies.
The constitution may be revised in whole or in part at any time.
A constitutional revision must not contradict federal law or be impracticable.
Every active citizen, as well as the municipalities and their governing bodies, have the right to submit initiatives to the Landsgemeinde requesting the revision of the cantonal constitution.
The initiative requesting a total revision must be drafted in general terms.
A partial revision may pertain to an isolated provision of the constitution or to different sections of the constitution that have a material connection with each other.
If the proposed revision concerns several different matters in substance, each matter is subject to a separate revision.
If a request for a total revision of the cantonal constitution is submitted, the Landsgemeinde must decide whether or not to proceed before taking action.
The Landsgemeinde shall decide on the draft of the totally revised constitution in principle according to the rules governing the legislative procedure. However, the proposed amendments to the draft of the Grand Council must be presented and dealt with as formulated initiatives concerning individual articles. Amendments can only be requested at the Landsgemeinde if they have a direct connection with a submitted initiative.
If the draft is rejected, the Landsgemeinde must decide whether to continue with the revision.
This constitution enters into force upon its acceptance by the Landsgemeinde.
The constitution of the Canton of Glarus dated May 22, 1887, is repealed.
The provisions of the law in force that are contrary to this present constitution are repealed.
The following articles are reserved.
Provisions that have been enacted according to a procedure that is no longer permitted by this constitution or by an authority that no longer has the competence remain in force until they are amended or repealed.
The same applies to agreements or plans decided upon according to a procedure that is no longer permitted or by an authority that no longer has competence.
Authorities, officials, and employees shall remain in office until the expiration of the term during which the present constitution took effect. This constitution applies to renewal elections and supplementary elections.
The current provisions regarding the conditions and procedure for the election of the Grand Council shall remain in force until the expiration of the term during which the present constitution took effect.
The renewal election for the two members of the Council of States will take place in 1990 at the same time as the full renewal of the State Council. The term of office for the two deputies to the Council of States will extend until the constitutive session following the full renewal of the National Council in 1995.
The current provisions regarding judicial organization, particularly concerning mediation, the Civil Court and the Court of Local Inspections, as well as the Criminal Court and the Police Court, shall remain in force until new legislation has been enacted.
Art. 78, para. 4, shall be applicable for the first time for the term from 1986 to 1990.
The current provisions relating to the powers of the electorate and the governing bodies, as well as those relating to the financial regime of the municipalities, shall remain in force until a new legal regulation has been enacted.
The law or an agreement between the municipalities must determine, within four years following the entry into force of this constitution, which municipalities or municipal associations will assume the responsibilities of the electoral municipalities and what are the authorities and administrative services provided for this purpose.
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If, pursuant to the present constitution, new legislative provisions need to be enacted, or if current legal provisions need to be amended, this task must be executed without delay.
The Council of State shall submit to the Grand Council, within one year from the entry into force of the constitution, an overview of the legislative provisions that need to be enacted.