Constitution of the Canton of Solothurn, (1986) - The Canton as a Member State of the Confederation
Table of Provisions (152)
Statutory Text (152 Articles)
The Canton of Solothurn is a sovereign state, a member of the Swiss Confederation.
It actively participates in the organization of the Confederation and performs the duties assigned to it by the Constitution and law.
The Canton of Solothurn collaborates with other cantons and actively engages in the pursuit of common solutions. It considers itself a mediator between the cultural communities of Switzerland.
The canton recognizes the autonomy of the municipalities.
The legislation grants them a wide latitude in their organization.
The power resides in the entirety of the people. It is exercised by active citizens and by the authorities.
Anyone who undertakes public duties is bound by the Constitution and by the law. They act exclusively in the public interest and respect, in all areas, the principles of equal treatment and proportionality.
State bodies and individuals conduct themselves towards one another according to the rules of good faith.
Human dignity is inviolable.
Men and women are all equal before the law.
Personal freedom is inviolable. Everyone has the right to life, to the integrity of body and mind, and to freedom of movement.
The private and secret sphere, particularly protection against the misuse of personal data, the inviolability of the home, as well as the secrecy of correspondence and telecommunications, are guaranteed.
Anyone who suffers a serious restriction of their personal freedom is entitled, if this restriction is illegal or unjustified, to damages and compensation for moral harm.
The right to marriage and family is guaranteed.
The freedom of belief and conscience, as well as the freedom of worship, are inviolable.
Everyone may freely form their opinion, express it, and disseminate it through speech, writing, image, or any other means, and freely receive opinions expressed by others.
Everyone has the right to use information sources accessible to all.
Everyone has the right to access official documents. The law defines this right.
The freedom of the media is guaranteed.
Censorship is prohibited.
Everyone has the right to hold meetings and to join associations; no one can be compelled to participate in them.
Meetings and demonstrations on public property can only be prohibited or subject to restrictions if public order and safety are exposed to a serious and imminent danger.
The freedom of scientific teaching and research, as well as that of artistic activities, are guaranteed.
The freedom of establishment is guaranteed.
Property and other proprietary rights are protected. In cases of expropriations or restrictions on property analogous to expropriation, full and complete compensation is due.
The freedom of economic activity is guaranteed.
Everyone is free to choose their profession and employment.
The canton remains neutral when the social partners adopt legitimate measures of conflict in disputes opposing them.
Everyone has the right to legal protection.
The parties have the right to be heard in proceedings before a court, an authority, or an administrative body, and to receive a reasoned decision within a reasonable time.
To the extent provided by law, the proceedings before a court or other authorities are free of charge for indigent parties.
A person may only be deprived of their liberty in the cases and according to the procedures prescribed by law.
Anyone who is deprived of their freedom of movement must be informed without delay and in a language they understand of the reasons for this measure.
Arrested persons must be immediately brought before a court designated by law and independent, which decides on detention for preventive or security purposes.
Respect for fundamental rights must be ensured throughout the entire legal order.
Anyone exercising their fundamental rights must respect the fundamental rights of others.
To the extent that their nature allows, fundamental rights obligate individuals among themselves.
Fundamental rights may only be limited if and to the extent that an overriding public interest justifies it. They must not be infringed upon in their essence.
Any limitation of fundamental rights requires a legal basis. Exceptions are made in cases of serious, clear, and imminent danger.
The fundamental rights of persons who are connected to the canton by a special relationship of dependence may only be limited further to the extent required by the particular public interest that justified the establishment of this relationship.
Within the limits of its competencies and available resources, and to complement efforts under private responsibility and initiative, the canton, through its legislation, ensures that: a. individuals who require assistance due to their age, health status, or economic situation receive the necessary means for their existence; b. the role of the family is supported and encouraged; c. everyone can obtain, at any age, an education that corresponds to their abilities and preferences, and participate in cultural life; d. everyone can, under reasonable conditions, provide for their maintenance through their work and is protected against the consequences of unemployment; e. everyone can, under reasonable conditions, find suitable housing.
Everyone must fulfill the duties imposed on them by the legal order.
The law regulates the acquisition and loss of cantonal and communal citizenship rights.
Naturalization must not be made more difficult by disproportionate conditions or burdens.
The right to vote belongs to every Swiss citizen who is 18 years of age or older and resides in the canton.
The right to vote is exercised at the place of residence.
The law regulates the exclusion from the right to vote.
Everyone has the right to submit petitions and requests to the authorities. The competent authority is obliged to provide a reasoned response within a reasonable timeframe, but no later than within a year.
The people elect: a. in the organs of the Confederation: 1. the members of the National Council, 2. the members of the Council of States; b. in the organs of the canton: 1. the members of the Grand Council, 2. the members of the Council of State; c. in the organs of the district or district-level entities: 1. the presidents of the district courts, 2. ... 3. the district judges and their deputies, 4. ... 5. ... d. in the organs of the municipalities: 1. the members of the municipal council, 2. the mayor.
The people may at any time recall the Grand Council or the Council of State.
A popular vote on the recall of the Grand Council or the Council of State shall take place when such a proposal has gathered 6,000 signatures within a period of six months. The popular vote must be organized no later than two months following the submission of the signatures.
When the recall proposal is accepted by the people, new elections shall be held within a period of four months.
The people have the right to request, by means of an initiative: a. that the Constitution be revised either totally or partially; b. that a law be enacted, repealed, or amended; c. that the Grand Council adopt a decree; however, the initiative cannot concern the decrees mentioned in Art. 37, except for initiatives regarding budgetary framework referred to in Art. 33 a. d. that a cantonal initiative be submitted.
The request for total revision of the Constitution cannot contain any directives or drafted project.
Other initiatives may be conceived in general terms or presented in a drafted project form, except for initiatives concerning the budgetary framework, which can only be conceived in general terms. They must concern a domain presenting unity and contain a withdrawal clause.
A drafted proposal must explicitly be designated as either a constitutional initiative or a legislative initiative.
Before the collection of signatures begins, every initiative must be submitted for review by the State Chancellery; its opinion does not bind the authors of the initiative.
An initiative succeeds when, within 18 months following the official publication of its text, it is supported by 3,000 active citizens or by ten political communes. The initiative concerning budgetary envelopes is governed by Art. 33 a.
The Grand Council declares null and void any popular initiative that does not comply with the prescribed form requirements, that is manifestly contrary to law, or that is impracticable.
An initiative presented in the form of a drafted project is submitted as-is to a vote by the people. The Grand Council proposes to the people to approve or reject the initiative. It may oppose a counter-proposal to the initiative. The popular vote takes place at the latest two years after the submission of the initiative.
If the Grand Council does not approve it, the initiative formulated in general terms is submitted to a vote by the people within one year. If the Grand Council or the people approves the initiative, the Grand Council presents, within two years following the acceptance of the initiative, a text that implements it. This text is submitted, along with a potential counter-proposal, for the decision of the people. The initiative concerning the budget envelope is governed by Art. 33a.
When the vote concerns multiple items, the active citizens must have the opportunity to approve both the initiative and the counter-proposal or to reject both.
When the people approve both items submitted to them, the one that receives the most votes in the simultaneous subsidiary voting is considered accepted.
3000 active citizens have the right to request a specific content for a future multiannual budgetary framework. The request must be submitted no later than two years before the expiration of the previous multiannual budgetary framework. The signature collection period ends 90 days after the official publication date of the initiative text.
Within the twelve months preceding the expiration of the budgetary framework, the Grand Council adopts a proposal that addresses the objective of the request. This proposal is submitted to a popular vote at least 6 months before the expiration of the budgetary framework period, simultaneously with any potential counter-proposal. To ensure the financing of the subject of the initiative, it may be linked to a modification of the tax rate.
100 active citizens have the right to submit a written proposal to the Grand Council concerning matters of political planning, legislation, or other topics that may be the subject of a mandate from the Grand Council to the Council of State.
The law regulates the details.
The following must be submitted to a mandatory vote of the people: a. amendments to the Constitution; b. resolutions of the Grand Council and popular initiatives requesting a total revision of the Constitution; c. international treaties and concordats whose content amends the constitution, as well as those that entail expenses similar to those referred to in let. e; d. laws as well as international treaties and concordats whose content serves as law, when they have been adopted by less than two-thirds of the present members of the Grand Council; e. resolutions of the Grand Council concerning new and unique expenditures exceeding 5 million francs or annually renewable expenditures exceeding 500,000 francs; f. constitutional and legislative initiatives presented in the form of a drafted proposal and the counterproposals opposed to them; g. initiatives conceived in general terms to which the Grand Council does not wish to give effect; h. cantonal initiatives provided for in Art. 29, para. 1, let. d, and initiatives requesting that a resolution be passed by the Grand Council when the Grand Council does not approve them; i. initiatives requesting the revocation of the Grand Council or the Council of State; k. decisions that the Grand Council itself wishes to submit to a vote of the people; l. other decisions that the law prescribes to be submitted to a vote of the people.
When the people are called to decide on a law or a resolution, the Grand Council may decree to submit particular provisions, with or without a variant, to a vote, in parallel with the vote on the entire text.
Subject to a vote by the people, upon the request of 1,500 active citizens or five political communes: a. the decrees of the Grand Council that involve new one-time expenditures exceeding one million francs or expenditures exceeding 100,000 francs that recur annually; b. all other laws, international treaties, agreements, and decrees of the Grand Council that are not subject to a mandatory popular vote; art. 37 remains reserved.
The popular vote takes place if the request is made within 90 days following the official publication of the decree or decision of the Grand Council.
The following decrees of the Grand Council are excluded from the optional referendum: a. decrees concerning the admissibility of popular initiatives according to Art. 31; b. decrees on popular mandates referred to in Art. 34; bbis. planning decrees referred to in Art. 73; c. decrees referred to in Art. 74; d. decrees concerning elections and appointments according to Art. 75; e. decrees according to Art. 76, para. 1.
The law on the exercise of popular rights may provide for other exceptions concerning decrees of the Grand Council that are of lesser importance.
The canton and the municipalities recognize the role of political parties.
They may support their activities.
Before enacting constitutional and legislative provisions or implementing other projects of general significance, the authorities may conduct a consultation.
Consultations must be officially announced. Everyone has the right to express their opinion.
The results of the consultation are public and accessible to everyone.
The legislature may not delegate to other bodies the authority to enact fundamental or important provisions.
The Grand Council or, exceptionally, the State Council may be authorized by law to make final decisions on expenditures. The law must set the maximum amount of new and unique expenditures to which the financial delegation pertains.
The canton comprises the territory defined by historical boundaries and guaranteed by the Swiss Confederation.
Changes to the cantonal territory must be subject to a popular vote.
Border adjustments must be approved by the Council of State.
The capital of the canton is Solothurn.
The Grand Council, the State Council, and the higher courts of the canton have their seat in Solothurn.
The territory of the canton is composed of the following five districts, each district itself being divided into two regions: a. Solothurn-Lebern; b. Bucheggberg-Wasseramt; c. Thal-Gäu; d. Olten-Gösgen; e. Dorneck-Thierstein. The subdivision into districts forms the foundation for the decentralization of administration and justice. Art. 44, para. 1, is reserved. The districts constitute the electoral circles for the elections to the Grand Council.
The organs of the districts are the "Oberämter," the district secretariats, and the district courts. The law may provide that the districts of Solothurn-Lebern and Bucheggberg-Wasseramt be equipped with a common "Oberamt" and district secretariat.
The law governs the organization and jurisdiction of these organs.
Political municipalities, civic communities, and parishes are autonomous public law corporations.
The right of municipalities to manage their affairs independently is guaranteed within the limits of the Constitution and the law. They determine their organization, choose their authorities, their officials, and their employees, and freely fulfill their tasks.
Any transfer of new tasks to the municipalities requires a legal basis.
Based on the assessment concerning the state tax, political municipalities levy taxes on the income and assets of natural persons, as well as on the profits and capital of legal entities.
To the extent permitted by law, political municipalities may levy other contributions.
The civic communities and parishes may levy taxes on the income and assets of natural persons, as well as personal taxes.
The establishment, merger, or dissolution of political municipalities, civic communities, and parishes, as well as the modification of their population or territory, must be approved by the concerned municipalities or parishes and the Grand Council.
The concerned municipalities or parishes may decide on boundary adjustments that do not result in any significant modification of their territory; such adjustments may be undertaken by the Council of State when there are compelling reasons and if one of these municipalities or parishes requests it. An appeal against the decision of the Council of State may be lodged with the Grand Council by the concerned municipalities or parishes.
In order to accomplish specific tasks, municipalities may form municipal associations or create joint establishments, enter into agreements with other municipalities within or outside the canton, and participate in enterprises of public law, mixed economy, or private law.
The active citizens of the concerned municipalities have a right to participate; the law regulates the details.
When tasks of regional interest can only be reasonably accomplished collectively, the law may oblige municipalities to form or join municipal associations.
The political commune comprises the communal territory and the people who reside within that territory.
Any person staying on the communal territory is subject to the territorial sovereignty of the political commune.
The political municipalities perform all the tasks of local or regional significance that do not fall under the responsibility of other bodies and those that the canton has delegated to them.
The civic community consists of all individuals who hold the right of citizenship in the commune, regardless of their place of residence.
The bourgeois commune has in particular the following tasks: a. the granting of communal citizenship rights; b. ... c. the administration of its assets; d. the respectful exploitation of the nature of its forests and its "Allmenden," as well as their maintenance for recreational purposes; e. the development of socio-cultural well-being to the extent of its means.
The Roman Catholic Church, the Evangelical Reformed Church, and the Christian Catholic Church are recognized as corporations under public law. The Grand Council may recognize other enduring religious communities as being under public law.
The religious communities recognized as being under public law are organized into parishes.
The parishes may assemble in synods.
The parish encompasses all members of a religious community residing within its territory. Parishes address the temporal needs of their denomination and perform other tasks within the limits set by ecclesiastical regulations.
The departure from a recognized religious community can be declared in writing to the parish council at any time.
The parish may grant the right to vote to established foreigners.
The synods attend to the general interests of their religious community and regulate the common affairs of the parishes.
Their statutes must be approved by the Council of State.
The canton exercises supervision over the parishes and high supervision over the synods. The internal autonomy of the Churches is guaranteed.
Legislation as well as international treaties and concordats are reserved.
The Grand Council, the Council of State, and the courts carry out their duties according to the principle of the separation of powers. None of these authorities may encroach upon the domain of competencies that the Constitution or the law reserves for others.
No one may simultaneously be a member of the Grand Council and the Council of State or a member of one of these authorities and the Cantonal Court.
Officials and employees of the cantonal administration, the courts, and cantonal institutions tasked with administrative duties, as well as officials holding managerial positions in other cantonal establishments, cannot be members of the Grand Council.
Also ineligible to be members of the Grand Council are auxiliary members and substitute members of cantonal courts who are under the direct supervision of the Grand Council.
All persons with the right to vote in the canton are eligible for the Grand Council, the State Council, and the courts, insofar as the law does not impose additional conditions.
The law regulates the eligibility conditions for other members of the authorities and officials.
Public functions must be assigned to the most qualified individuals. As far as possible, equitable consideration should be given, when allocating functions, to the various groups within the population, particularly the different regions and political tendencies.
The administrative period is four years for all officials and authorities of the canton and the municipalities.
All elections are for an administrative period or the remainder of an administrative period.
Upon taking office, the members of the authorities and the officials elected by the people or by the Grand Council solemnly pledge to uphold the Constitution and the law.
The deliberations of the Grand Council and the Council of State are public unless legitimate private or public interests oppose it.
The law regulates the right to consult official documents.
The canton, the municipalities, and other holders of public duties are liable for damage unlawfully caused to third parties in the exercise of their official activities.
The law defines liability in other cases. It regulates the liability of authorities, officials, and employees.
Members of the Grand Council and the Council of State shall not incur any legal liability for their statements before the Grand Council or in its committees. However, the Grand Council may, with the consent of two-thirds of the members present, lift this immunity when it is manifestly abused.
The Grand Council is the legislative authority and the highest supervisory authority of the canton. It is composed of 100 members.
The Grand Council is elected according to the proportional representation system.
The distribution of seats among the electoral districts is determined by an order of the Grand Council, based on the figures from the most recent cantonal demographic statistics. The ratio between the resident population of the electoral districts and that of the canton is decisive.
The members of the Grand Council freely exercise their mandate.
They must disclose their relationships with businesses and interest groups.
The law regulates the main outlines of the organization of the Grand Council as well as its relations with the Council of State and the higher courts of the canton.
The Grand Council may issue mandates to the State Council. In its own area of competence, the State Council may deviate from the mandate in justified cases.
The members of the State Council participate in the sessions of the Grand Council; they have a consultative role and can present proposals concerning the matters under deliberation.
The President of the Supreme Court participates in the sessions of the Council of State dedicated to the budget, accounts, and the activity report of the courts; he has an advisory vote and can make proposals.
The Grand Council enacts all fundamental and important provisions in the form of laws. It may participate in the preparation of laws.
Subject to para. 1, it issues implementing provisions related to federal laws and federal decrees in the form of ordinances. In specified cases, it may delegate this competency to the Council of State.
The Grand Council may submit a parliamentary initiative concerning the subject of a mandate or a planning decree that has not been executed. The law regulates the details.
Subject to popular rights, the Grand Council approves international treaties and concordats, unless the Council of State is authorized by law to conclude them definitively.
The Grand Council may participate in the preparation of important treaties and concordats that must be submitted for its approval.
The Grand Council addresses the legislative program, the integrated task and financial plan, as well as other fundamental plans in specific areas of duty, and takes note of them.
By adopting the planning decree, the Grand Council mandates the Council of State to carry out a state task in a specified direction.
The Grand Council: a. decides on new expenditures, subject to the rights of the people according to Articles 35 and 36; b. periodically determines the structure and the level of detail of the budget, makes decisions on important questions related to the budgetary framework, and adopts the budget; c. approves the management report.
The Grand Council coordinates financial decrees with the services to be provided. It ensures the efficiency of all cantonal measures.
The law may delegate the temporary authorization to incur an expenditure, which cannot be delayed, to the finance commission. The authorization is subject to the approval of the Grand Council.
The Grand Council shall designate: a. the State Chancellor or his/her substitute; b. the judges and their substitutes for the courts, insofar as the constitution or the law does not entrust their election to the people; c. the Chief Prosecutor and his/her substitute; d. the prosecutors; e. the Chief Attorney for minors and other attorneys for minors; f. the head of financial control.
The law may assign other appointments to the Grand Council. It determines the positions that must be advertised.
The Grand Council: a. exercises supreme supervision over all authorities and bodies assuming cantonal tasks; b. may permanently attach advisory expert commissions to the departments; c. ... d. exercises the right of amnesty and, to the extent that the law does not assign it to the Council of State, the right of pardon; e. decides on appeals and petitions within the limits of its attributions; f. resolves jurisdictional conflicts, insofar as this task does not fall under a court; g. exercises the participation rights that the Federal Constitution grants to the cantons (Art. 86, 89, 89a, and 93 Const.); h. may express an opinion on the notices that the Council of State submits to the federal authorities.
The law may confer additional attributions to the Grand Council.
The legislation assigns the competence to grant important concessions to the Grand Council.
The Council of State is the directing authority and the highest executive authority of the canton.
The Council of State is composed of five members and performs its tasks collegially.
It elects from among its members the "Landammann" and their deputy for a term of one year.
The State Council determines, subject to popular rights and the competencies of the Grand Council, the main objectives and means of the State's action. It plans and coordinates the activities of the State.
At the beginning of each legislative period, it develops a legislative program and an integrated plan of tasks and finances. At the end of the legislative period, it reports to the Grand Council on their implementation.
The Council of State directs the preparatory procedure for the development of constitutional and legislative texts. The Grand Council may provide for exceptions in certain cases.
The Council of State issues ordinances on the basis and within the limits of laws, international treaties, and concordats.
17 members of the Grand Council may, within 60 days, oppose an ordinance or an amendment to an ordinance decided by the Council of State. When such opposition is confirmed by the majority of the members present in the Grand Council, the project is referred back to the Council of State. The regulations of the Grand Council set out the details of the procedure.
The Council of State may also issue ordinances to prevent or cease existing or imminent disturbances to public order or security, or to address emergency situations. Such ordinances must be immediately submitted for the approval of the Grand Council. They cease to have effect no later than one year after entering into force.
The State Council is authorized to decide on new and one-time expenditures up to an amount of 250,000 francs and annually recurring expenditures up to an amount of 50,000 francs.
It may enter into and renew loans.
It manages the financial assets. The regulations on spending powers apply to financial participations in private law enterprises, insofar as these participations are not solely investments.
The Council of State determines, in accordance with the Constitution and the law, the judicious organization of the administration. It ensures the provision of a public service that is lawful and efficiency-oriented.
It decides on administrative appeals to the extent provided by law. Art. 88, para. 3, applies mutatis mutandis.
The Council of State: a. maintains public order and safety; b. represents the canton internally and externally; c. concludes administrative agreements and, within the scope of its competencies, international treaties and concordats; d. provides opinions on the projects of federal authorities; e. conducts elections or appointments, insofar as they are not the responsibility of other bodies; f. grants cantonal citizenship rights.
The law may confer additional responsibilities to the Council of State.
The State Chancellery is the general coordinating service of the Council of State and the Grand Council.
The cantonal administration is subdivided into departments which, within the limits of their competencies, independently manage administrative matters.
Each member of the Council of State heads one or more departments.
Any decision by a department can be appealed to the Administrative Court, provided that the law does not recognize the competence of another authority or does not empower the department to render a final decision on the appeal.
To the extent determined by law, the canton may: a. establish autonomous public law corporations, institutions, and foundations; b. participate, in order to fulfill its tasks, in mixed-economy enterprises; c. delegate administrative tasks to autonomous administrative units, to inter-cantonal or inter-municipal organizations, to mixed-economy enterprises or, exceptionally, to private individuals or private law organizations. Legal protection of citizens and oversight by the Council of State must be ensured. The law provides for appropriate participation of the Grand Council.
The law regulates: a. the foundations of the organization of the Council of State and the departments; b. the main principles of the law governing the service relationships of state personnel; c. the administrative procedure and justice.
The jurisdiction in civil, criminal, and administrative matters is exercised by state courts and arbitral tribunals.
The law regulates the organization, jurisdiction, and procedure.
The courts are independent in their judgments; they are subordinate only to the law.
Proceedings are generally public.
The judge is not bound by normative acts issued by the canton or the municipalities that are contrary to federal law or higher-ranking cantonal law.
Civil jurisdiction is exercised by: a. justices of the peace; b. presidents of the district courts; c. district courts; d. ... e. the Cantonal Court; f. other courts and conciliation authorities, within the limits provided by law.
Disputes may be adjudicated by arbitral tribunals within the limits set by legislation.
Criminal jurisdiction is exercised by [tab] a. and b. ... c. the presidents of the juvenile courts; d. the juvenile court; e. the presidents of the district courts; f. the district courts; g. the Cantonal Court; h. the arrest judge. i. ...
The authorities responsible for criminal prosecution are the public prosecutor's office, the juvenile public prosecutor's office, the police, and the justices of the peace.
The law regulates, regarding criminal decisions, the competences of the principal prosecutor, the prosecutors, the juvenile advocates, the officials of the instruction, and the justices of the peace as well as the competence of administrative authorities to impose penalties.
The administrative jurisdiction is exercised by: a. the Administrative Court; b. the Insurance Court; c. the Tax Court; d. the Appraisal Commission; e. ... f. other special courts to the extent that they are provided for by law.
The administration of justice is the responsibility of the courts.
The President of the Supreme Court represents the courts in dealings with other authorities.
The law regulates the principles of organization and procedure of judicial administration.
The canton and the political municipalities guarantee public order and safety.
The canton and the political municipalities shall take measures to protect the population in the event of disasters or war-related events.
To this end, the law may grant the Grand Council and the Council of State powers that temporarily deviate from the constitutional provisions regarding the distribution of competencies.
To complement private initiative and responsibility, the canton achieves social goals within the limits of its powers and resources.
The canton and the municipalities, in collaboration with public and private organizations, take care of individuals in need of assistance.
They may establish or support institutions of welfare and assistance. They encourage measures taken by the individuals themselves to resolve their situations.
The canton and the municipalities, in collaboration with private organizations, promote the well-being and integration of foreigners.
The canton shall regulate by law, in broad terms, the rights and duties of: a. persons in preventive detention; b. persons serving a sentence or measure; c. persons interned for assistance reasons.
The canton may support the provision of free legal information.
The canton and the municipalities may: a. contribute to the payment of social insurance premiums; b. supplement the benefits paid by the insurances; c. manage social insurances themselves. Health and accident insurance is mandatory. Buildings must be insured against damage caused by fire and natural elements with the Solothurn Property Insurance. The canton may, by statutory means, declare other property insurances mandatory.
The canton regulates the public health sector. It establishes conditions necessary to ensure sufficient and economically sustainable medical care.
In collaboration with the municipalities, it promotes medical prevention and assistance, as well as home care.
The canton supervises the health professions.
The canton manages, either alone or with other entities, the hospitals and nursing homes.
Private institutions are subject to authorization. The law sets the conditions for granting such authorization.
The canton exercises supervision over all hospitals and nursing homes, both public and private.
The canton and municipalities encourage individual development and creation and facilitate participation in cultural life.
They protect and maintain the cultural heritage.
The canton may enact a law on the media, which must promote the cultural particularities of the canton and the diversity of information.
Education and training are responsibilities jointly assumed by parents and the school. The law regulates the rights and duties of each of the two parties.
Every student is entitled to an education that matches their intellectual, moral, and physical abilities. The subjects taught are the same for both girls and boys.
Attendance at school is compulsory during the period set by the law.
The political communes establish and manage primary schools; kindergarten schools are part of the primary schools. The canton contributes to the costs.
The canton establishes and manages schools for special education. It may manage other offerings at the primary school level. The law regulates the details.
The canton establishes and manages other public schools. The law regulates their tasks and organization.
The canton supervises all public schools.
The canton supports vocational training and further education, as well as retraining.
For this purpose, it may establish and manage the necessary training centers or participate in such centers.
The canton and the municipalities encourage the acquisition of general education by adolescents, as well as adult education.
The canton supports cooperation and coordination in the field of education.
It may, with other cantons or corporations, create and manage educational institutions.
Private schools at the primary and secondary levels, private vocational schools, and private institutions at the university level are subject to authorization and are under the supervision of the canton.
The same principle applies to private instruction provided in lieu of school attendance during the period of compulsory schooling.
The canton may support private schools.
The canton eliminates or reduces economic, geographical, or other barriers that hinder school attendance.
The canton grants educational subsidies.
The canton promotes civic education.
The canton and the municipalities support the sensible organization of leisure time, youth-oriented activities, and sports.
The protection and maintenance of the environment is everyone's responsibility. The canton and the municipalities protect humans and their natural surroundings from harmful and inconvenient disturbances.
Those who cause the implementation of environmental protection measures bear the costs.
The canton and the municipal authorities ensure an environmentally friendly waste disposal. The waste producer bears the same responsibility.
The canton promotes the use of environmentally friendly technologies as well as the recycling of used materials and waste.
The canton and the municipalities protect and preserve the habitat of native fauna and flora as well as characteristic sites.
The canton and the municipalities shall ensure a water supply that meets regional needs.
The canton and the municipalities may take measures to ensure an energy supply that promotes the economy, is environmentally friendly, safe, and managed according to economic principles.
They encourage the economical and efficient use of energy, the use of renewable energies, and decentralized energy supply.
The canton and the municipalities ensure the prudent and measured use of the soil and the rational occupation of the cantonal territory.
The canton regulates constructions in order to protect humans and the environment.
The canton and the political municipalities regulate the area of transportation and roads.
Together, they promote the use of public transportation.
They ensure that the transportation system is environmentally friendly and as economically advantageous as possible.
The canton creates general conditions favorable to a productive economy and the maintenance of employment at the highest possible level.
It encourages a structurally and regionally balanced economic development.
The imperatives of environmental protection, spatial planning, the interests of agriculture, as well as social peace, must be taken into consideration.
The canton aligns those of its activities that have economic importance with the objectives of cantonal economic and social policy.
The canton takes measures to limit as much as possible the density of regulations and the administrative burden imposed on businesses, particularly small and medium-sized enterprises (SMEs).
The canton shall take measures to ensure productive and environmentally friendly agriculture.
It shall encourage the maintenance and development of independent family farms.
The canton exercises oversight over all forests.
It ensures the conservation of forests in their protective, exploitable, and recreational functions.
It promotes forest management practices that are close to natural processes.
Within the limits of its capabilities, the canton adopts measures to limit economic crises and mitigate their effects.
The canton exercises sovereignty over public property. In particular, it establishes the regulations concerning their use and management.
The regalian rights to salt, hunting, fishing, and mines belong to the canton. Private rights are reserved.
The regalian rights ensure the canton the exclusive right to economic activity and exploitation. The canton may exercise these rights itself or transfer them to third parties.
The canton and the political municipalities may enact regulations to ensure the rational exercise of economic activities.
The canton uses and manages administrative assets in an economical manner and according to their intended purpose.
Financial assets must be managed in accordance with market laws and with respect for the public interest.
The management of cantonal finances must be measured, economical, and adapted to economic conditions. The accounts must generally be balanced.
The canton adjusts its financial planning according to public tasks.
It is necessary to examine in advance and periodically each task, each revenue, and each expenditure to determine whether they are necessary and prudent, and what their financial consequences are.
The canton and the municipalities may obtain their resources through: a. the collection of taxes and contributions; b. the income from their assets; c. subsidies and shares in the revenues of the Confederation as well as other public law corporations, enterprises, and institutions; d. resorting to loans and borrowings; e. other incidental revenues.
The municipal associations cover their expenses through contributions from their members as well as fees and subsidies. They do not collect taxes.
The canton may levy the following taxes: a. the personal tax as well as the tax on the income and wealth of natural persons; b. the tax on the profit and capital of legal entities; c. the tax on real estate capital gains and non-recurring income; d. the tax on legal entities intended for financial equalization; e. the hospital tax; f. the transfer duties; g. the inheritance tax and succession duties; h. the tax on motor vehicles; i. the tax on boats; k. the gift tax; l. the dog tax; m. the tax on classical, fast, and takeout catering, on hotel services, on the sale of alcohol, and on the sex trade.
Taxes allocated to specific expenditures may only be levied as long as they are necessary.
The introduction of new cantonal taxes requires a constitutional basis.
All taxpayers are obliged to contribute to the canton’s expenses in proportion to their means. Extraordinary and non-recurring income may be taxed separately. It is important to preserve the individual's entrepreneurial spirit and the economy's dynamism.
Taxes for natural persons must be calculated in such a way that no significant additional burden is caused by marriage; tax reliefs pursuant to Art. 134 are reserved.
The principle of progressivity must be fairly applied when taxing income and wealth. This principle may also be applied to other forms of taxation. Cold progression must be periodically adjusted.
Tax relief shall be particularly granted in favor of: a. the family; b. persons with a maintenance obligation or those who voluntarily engage in caregiving tasks; c. the creation and maintenance of housing intended for the personal use of their owners; d. individual savings, notably the establishment of equitable wealth; e. professional advancement and retraining.
In times of crisis, the canton may deviate from the ordinary principles of tax collection in order to accomplish the extraordinary tasks incumbent upon it; however, these deviations must be limited in time and based on a legal foundation.
Financial equalization must achieve a balance with regard to the tax burden borne by taxpayers and the services provided by municipalities.
The Constitution may be revised at any time, in whole or in part.
Any partial revision must relate to an area that constitutes a unit.
The partial revision of the Constitution requested by a popular initiative is conducted in accordance with the provisions concerning popular interventions.
The Grand Council decides to carry out the partial revision after two deliberations held at least one month apart.
The Grand Council may ask the people to express their opinion on matters of principle, with or without proposing alternatives. It may simultaneously submit the entire project or parts of it to a popular vote, with or without alternatives.
The people decide, based on a resolution from the Grand Council or a popular initiative presented by 3,000 active citizens or by 10 political municipalities, whether: a. a total revision of the Constitution should be initiated; b. the revision should be undertaken by the Grand Council or by a constituent assembly. The popular vote takes place within six months following the submission of the popular initiative or the resolution from the Grand Council.
When the people decide to entrust the total revision of the cantonal Constitution to a constituent assembly, it is elected immediately according to the regulations governing the election of the Grand Council, excluding, however, the rules on incompatibility of functions.
The authority responsible for the revision may submit principles, which may or may not include alternatives, to a popular vote; it is then bound by the results of these votes during the drafting of the Constitution.
The authority responsible for the revision submits the draft of the completely revised Constitution to the people after deliberating twice, with at least one month in between. It can ask the people to vote on the Constitution as a whole or in parts, with or without alternatives.
When the people reject the Constitution or a part of it, the authority responsible for the revision drafts a second proposal. If the latter is also rejected by the people, the total revision is deemed to have failed.
This Constitution enters into force on January 1, 1988.
The Constitution of the Canton of Solothurn, dated October 23, 1887, is repealed. However, its Articles 24, 26, 27, and 28 shall remain in force until the complete renewal of the Grand Council, or at the latest until 1993.
Provisions of the current law whose content is contrary to this Constitution are repealed.
The provisions that have been enacted by an authority that is no longer competent or according to a procedure that is no longer permissible under this Constitution remain in force; the modification of such provisions shall be conducted according to the procedure stipulated by this Constitution.
The authorizations that have been granted to the Grand Council and the Council of State regarding expenditures and that are contrary to this Constitution, shall lose their validity after a maximum of five years.
If, under the present Constitution, new legal provisions must be enacted or current provisions must be amended, this task must be executed without delay. It is necessary to examine whether the current legal provisions comply with fundamental rights, particularly the principle of equal treatment.
Until the legal provisions on popular rights come into force, the exercise of these rights is governed by an ordinance of the Grand Council.
The forms of popular interventions permitted by the Constitution of October 23, 1887, may still be used until June 30, 1989.
The administrative periods concerning the authorities and officials of the canton and the communes are governed by the current law until 1997 at the latest.
Applications for granting of citizenship submitted by Swiss citizens and which are pending at the time of the entry into force of the present Constitution are handled by the State Council.
The Grand Council shall appoint, by January 1, 1988, a Criminal Court composed of two cantonal judges and three permanent lay judges. The first administrative period concludes in 1993.
The organization and procedure shall be regulated by the Cantonal Court until the legal provisions have been adapted.
Criminal proceedings pending before the Court of Assizes as of January 1, 1988, shall be governed by the previous law.
Until the adaptation of the law on judicial organization, the following persons cannot belong to the same court: a. persons related by blood or marriage, in direct or collateral line, up to and including the third degree; b. spouses, as well as the spouses of brothers and sisters.
The Solothurn Cantonal Bank is transformed into a private law corporation, of which the canton can only be a minority shareholder. The Council of State makes all necessary decisions; these decisions are final.
The Council of State may delegate certain decisions to the Extraordinary Bank Council of the Solothurn Cantonal Bank, subject to its right of approval.