Constitution of the Canton of Obwalden (Cantonal Constitution, KV) (Kantonsverfassung, KV) - Sovereignty (KV)

1. The Canton of Obwalden is a democratic free state and, within the framework of the Federal Constitution, a sovereign entity and member state of the Swiss Confederation.

1. The canton comprises the seven municipalities of Sarnen, Kerns, Sachseln, Alpnach, Giswil, Lungern, and Engelberg.

2. Sarnen is the capital of the canton and the seat of the cantonal authorities.

1. The Roman Catholic confession as the majority confession and the Evangelical-Reformed confession are recognized as churches with public-law autonomy and their own legal personality, and they enjoy the protection of the state.

2. All other religious communities are subject to the principles of private law, insofar as they are not publicly recognized by law.

1. Religious communities organize themselves according to their ecclesiastical self-understanding.

2. For the Catholic church organization, the Catholic canon law is authoritative. The parish community organization is carried out in accordance with the cantonal constitution.

3. The Evangelical Reformed Church establishes a church organization that requires the approval of the Cantonal Council and must be approved provided there is no violation of federal law and cantonal constitutional law.

4. The ecclesiastical leadership of the denominations is recognized, church offices are public offices, and the right of the parish communities to collect taxes is guaranteed.

1. Publicly recognized churches under public law independently regulate their own affairs.

2. In mixed matters that concern the entire canton, the Board of Education must consult with a representative of the respective denomination to discuss the matter in advance and submit a proposal to the government council.

1. Ecclesiastical corporations, foundations, and institutions not publicly recognized by constitution or legislation acquire legal personality according to the provisions of the Swiss Civil Code. The Cantonal Council may confer upon them a public-law character.

2. The Canton guarantees them ownership, the right to self-administration, and the statutory disposal of their assets.

3. Monasteries are guaranteed continuity, and church authorities are guaranteed the right of supervision over ecclesiastical foundations.

1. A concordat concerning membership in a diocese requires ratification by the Cantonal Council.

2. The Cantonal Government is responsible for participating in the conclusion of the concordat.

1. Religious instruction is a subject at all school levels.

2. It is provided by the religious teachers of churches recognized by public law. With church consent, schools may have Bible instruction provided by their own teachers.

1. The state-protected holidays are determined by the Cantonal Council after consultation with the publicly recognized churches.

1. Personality, Dignity, and Freedom of the Individual are Inviolable.

1. Everyone is equal before the law.

2. No one can be deprived of their lawful judge.

3. The right to be heard is guaranteed.

4. Indigent persons have the right to free legal aid.

1. Arrest, house search, seizure, and other intrusions into privacy can only be ordered in cases provided for in criminal procedure. Unjustified detention and conviction give the affected person the right to compensation from the state.

1. Within the limits of federal law and the cantonal legislation enacted to maintain public order, the following are particularly guaranteed

a. the freedom of belief and worship;

b. the freedom of expression;

c. the freedom of the press;

d. the freedom of association and assembly;

e. the freedom of establishment;

f. the physical integrity;

g. the freedom of movement of individuals as well as the inviolability of the home;

h. the freedom of trade and commerce;

i. the freedom of education.

1. The property of individuals, foundations, and corporations under private and public law is inviolable.

2. The deprivation of property requires a legal basis and, in individual cases, a public interest.

3. Expropriations and property restrictions that have the effect of an expropriation require full compensation of the owner.

4. The expropriation procedure is regulated by law.

1. Holder of Political Rights is any Cantonal citizen residing in the Canton and any settled Swiss citizen who has reached the age of eighteen and whose active citizenship rights have not been revoked based on legislation.

1. The conditions and procedure for the acquisition and loss of municipal and cantonal citizenship are governed by law.

1. Settlement and Residence of Swiss Citizens and Foreigners are Governed by Federal Law.

2. Additional Provisions on Settlement and Residence shall be Issued by Regulation.

1. The Active Citizen may, in the canton and in their municipality of residence

1. participate in elections and referendums;

2. exercise the right of initiative and referendum;

3. be elected to an authority or a public office in accordance with the legislation.

1. Everyone has the right to address petitions to the authorities.

2. The authorities are obliged to respond to petitions within the scope of their competence.

1. Everyone is obligated to fulfill the duties assigned to them by the legislation.

2. Participation in municipal assemblies as well as in municipal, cantonal, and federal ballot votes is a civic duty.

3. Everyone must vote in all proposals and elections in a manner that they can justify in good conscience.

1. The canton and municipalities are responsible for maintaining peace, order, security, and morality.

1. The canton and municipalities strive to strengthen the family as the foundation of the state and society in the fulfillment of their tasks.

2. They particularly ensure contemporary protection for the youth, the elderly, and the infirm.

1. The canton promotes and supervises the public education and schooling system.

2. The management of the following is the responsibility of the canton, in accordance with the legislation

a. Special schools;

b. Vocational schools for trades, commerce, and agriculture;

c. Secondary schools;

d. Higher education institutions.

3. The responsibility for elementary education lies with the municipal communities, in accordance with the legislation.

1. Public schools shall be conducted in a patriotic and Christian spirit; they should be accessible to members of all denominations without affecting their freedom of belief and conscience.

1. The freedom to provide private education is guaranteed subject to state supervision.

1. The canton and municipalities promote vocational and scientific education and further training through contributions within the framework of legislation.

1. The canton and municipalities promote scientific and artistic endeavors as well as initiatives for public education.

2. They may establish or support institutions that fulfill important cultural functions.

**1. The canton and municipalities shall protect the landscapes and townscapes worth preserving, historical sites, as well as natural and cultural monuments.**

2. They shall promote efforts regarding the protection of nature and heritage, the protection of cultural property, and the conservation of monuments.

3. They shall take or promote measures, in particular, for the preservation of water and air purity, the conservation of forests, and the protection of mountain, animal, and plant life.

1. The canton and municipalities promote the welfare and social security of the people.

2. The tasks and responsibilities of the canton and municipalities regarding guardianship, welfare services, and social institutions are regulated by law.

1. The cantons and municipalities may supplement federal social institutions and assistance with contributions, establish their own welfare institutions, introduce special insurance schemes, and support self-help initiatives.

1. The canton and municipalities promote public health and medical care.

2. They may operate or support hospitals and homes.

3. Mandatory health insurance may be introduced by law.

1. The canton and municipalities strive to strengthen the economic power of the region.

2. They may establish or support institutions and enterprises that serve to promote the economic development of the canton.

3. They promote industry, trade, commerce, and transportation.

4. They ensure the economically sensible use of land and promote efforts in national, regional, and local planning.

1. The canton and municipalities promote measures to maintain an efficient agricultural sector.

2. They are particularly committed to promoting the preservation of agricultural property, land consolidation, and land improvements.

1. The canton is responsible for the supervision of the forests as well as, within the limits of the legislation, sovereignty over the waters and traffic routes.

2. It regulates by law the use of waters, water corrections, and roads.

**1. The Canton is the holder of the salt, hunting, fishing, and mining prerogatives. The existing rights of private individuals, corporations, and alpine associations remain reserved.**

1. The state budget is to be aligned with the objectives of the economic order. The administration of the state is to be conducted economically and frugally.

2. For this purpose, financial planning and effective financial control are to be implemented, in particular. The organization, tasks, and procedures are determined by the Cantonal Council.

1. The Cantonal Council prepares the budget based on a draft from the Executive Council and the courts.

2. The budget contains the anticipated revenues and expenditures for the accounting period. The budget must include both the mandatory expenditures and the expenditures that can be freely determined within the spending competencies of the Cantonal Council and the Executive Council.

1. The statement must include the income and expenditures of the accounting period, as well as the state of the state's assets at the end of the accounting period.

2. The completed statement must be submitted by the Executive Council and the courts to the Cantonal Council for review and approval.

1. The canton and municipalities possess tax sovereignty.

2. The law determines which taxes the canton and municipalities can levy and establishes the extent of the tax liability. The legislation regulates the assessment and collection procedure.

1. Measures may be taken in favor of financial equalization to mitigate significant disparities in the tax burden among municipalities.

2. The legislation shall regulate the procurement of the necessary foundations for determining the financial capacity of the municipalities, as well as the nature and procedure of financial equalization.

1. By law, municipalities can be obligated to contribute to the performance of joint tasks between the canton and the municipalities. Through a cantonal council ordinance, the contributions from the municipalities can be determined for burdens imposed on the canton by federal legislation or concordat obligations.

1. The legislative, executive, and judicial powers are fundamentally separated.

2. Members of the Cantonal Council, as well as public prosecutors, the juvenile attorney, and their deputy, may not belong to either the Cantonal Court or the Superior Court.

3. Members of the Government Council may not belong to either the Cantonal Council or any court or municipal council.

4. Members of a conciliation authority or a court may not simultaneously belong to a higher-level judicial instance.

1. Eligible for election to cantonal and municipal authorities are residents of the canton who are entitled to vote. Persons under guardianship are not eligible for election. Legislation determines the cases in which the right to vote or residency is not a prerequisite for eligibility.

2. ...

1. The procedure for initiative and referendum as well as the voting and election procedure is regulated by legislation.

2. The legislation determines the implementation of ballot procedures for matters that fall within the jurisdiction of the municipal assembly.

1. Elections by the people in the canton and municipalities, as well as elections by the Cantonal Council, are held for a term of office of four years, unless the legislation determines otherwise.

2. The Government Council and the Municipal Council elect the permanent part-time authorities and permanent commissions provided for by the legislation for a four-year term of office.

3. Positions that become vacant during a term of office are to be filled anew for the remainder of the term.

1. The term of office for the members of the Cantonal Council, the courts, and the municipal councils is limited to sixteen years.

2. Exempted from this are the presidents of the courts.

1. Anyone who holds a full-time or primary service or employment relationship with the canton is not eligible for election to a superior cantonal authority or a municipal or district council. Legislation may provide for further restrictions.

2. Anyone who holds a full-time or primary service or employment relationship with a municipality is not eligible for election to a superior municipal authority.

3. Anyone who holds a full-time or primary service or employment relationship with a public law institution cannot be elected to the electoral authority.

1. Simultaneous Membership Prohibited in Government Council, Cantonal Council, Courts, Other Judicial Authorities, Commissions, or Municipal Authorities

1. Persons who are directly related by blood or marriage up to and including the third degree of the collateral line;

2. Spouses and spouses of siblings;

3. Registered partners and registered partners of siblings;

4. Persons who are living in a de facto cohabitation.

2. The incompatibility based on a marriage or registered partnership remains even after its dissolution.

3. The decision on resignation due to personal incompatibility is made by lot if necessary.

1. The term of office for cantonal and municipal authorities begins on July 1 and ends on June 30, unless the legislation or municipal ordinance contains differing provisions.

2. Resignations are possible at the end of a term of office. The legislation may establish exceptions for an early resignation.

1. Cantons, municipalities, and other public-law corporations and institutions are liable for damage unlawfully caused by their organs in the exercise of sovereign functions.

2. They are also liable for damages legally caused by their organs if individuals are severely affected and it is unreasonable to expect them to bear the damage themselves.

3. Members of authorities and employees are responsible for their official acts in accordance with the law.

1. The members of the Cantonal Council, the Government Council, and the courts shall take the official oath or affirmation at the beginning of their term of office, pledging to uphold the constitution and laws and to faithfully fulfill their official duties.

2. Legislation shall determine who else is required to take an official oath or affirmation.

1. The deliberations of the Cantonal Council and the municipal assembly are public, as are the court proceedings, except for the discussions in the deliberation of judgments.

2. Legislation determines the exceptions to public access that are necessitated in the interest of the state or private individuals, and the extent of the right to inspect documents.

1. The eligible voters elect at the ballot box

a. the Cantonal Council and the Constitutional Council;

b. the Executive Council;

c. the member of the Council of States;

d. the presidencies of the Supreme Court, the Administrative Court, and the Cantonal Court;

e. the members of the Supreme Court, the Administrative Court, and the Cantonal Court.

1. Subject to a vote at the polls are

a. the enactment and amendment of the cantonal constitution, as well as the decision concerning a total revision;

b. the right of cantonal initiative according to Art. 93 para. 2 of the Federal Constitution, if it is demanded by a popular initiative and not approved by the Cantonal Council;

c. legally valid popular initiatives concerning laws and financial decisions, provided the Cantonal Council does not approve them or presents a counter-proposal.

1. Upon request, the following are to be submitted to a vote

a. the enactment, amendment, or repeal of laws;

b. decisions regarding all freely determinable, one-time expenditures for the same purpose exceeding one million francs and annually recurring expenditures exceeding 200,000 francs.

2. A public referendum must be conducted

a. if one-third of the members of the Cantonal Council request it;

b. if it is requested by 100 eligible voters within 30 days after the official publication of the enactment or decision.

1. In the form of law, the general provisions must be enacted that establish the rights and obligations of natural and legal persons as well as the organization of the canton and municipalities in a generally applicable manner.

**1. A Popular Initiative Comes into Effect When:**

a. 500 eligible voters demand a total or partial revision of the cantonal constitution;

b. 500 eligible voters demand the enactment, repeal, or amendment of a law or a financial resolution subject to optional referendum;

c. 500 eligible voters demand the exercise of the canton's right to initiate a proposal under Article 93, paragraph 2, of the Federal Constitution.

**2. A Popular Motion Comes into Effect When:**

A proposal is made by an eligible voter or a municipal council for the enactment, repeal, or amendment of a law or a financial resolution subject to optional referendum, and the proposal is supported by the Cantonal Council.

1. Popular initiatives may be submitted as a general proposal or, if they do not demand a total revision of the constitution, as a fully formulated draft.

1. Referendums must not contain anything that contradicts federal law or, if they do not demand a constitutional revision, the cantonal constitution.

2. They may only pertain to a specific subject area and must include a justification.

1. A constitutional popular initiative submitted as a general suggestion must be presented to a popular vote within one year unless the Cantonal Council approves it. If the Cantonal Council approves it or it is accepted by the public, the Cantonal Council must prepare a proposal that can be submitted to a ballot within two years.

2. The Cantonal Council must address a constitutional popular initiative in the form of a fully elaborated proposal in such a manner that it can be presented to a popular vote within two years, alongside any possible counter-proposals.

1. The Cantonal Council consists of 55 members. It is elected by proportional representation.

2. The seats are allocated to the municipalities according to the resident population. The determining factor is the resident control status as of December 31 of the year two years preceding the election. Each municipality is entitled to at least four cantonal council seats.

3. General renewal elections are to take place every four years.

1. The Cantonal Council elects from among its members a President and Vice-President, as well as vote counters, for a term of one year.

2. The Cantonal Council enacts rules of procedure for its deliberations.

3. The members of the Executive Council participate in the deliberations of the Cantonal Council with an advisory vote and the right to make proposals.

1. The Cantonal Council shall be convened by the President,

a. when it is stipulated by the rules of procedure or when the Council decides;

b. at the request of the Executive Council;

c. when one third of the council members request the convening in writing, specifying the matters to be addressed.

1. The cantonal council elects each year from among the members of the government council the Landammann (chief magistrate) and the Landstatthalter (deputy chief magistrate). The Landammann is not eligible for re-election to this office for the next term of office. A member of the government council may hold the office of Landammann no more than four times in total.

2. The cantonal council also elects for the constitutional term of office

a. the vice presidents of the higher court, the administrative court, and the cantonal court from among the members of these courts;

b. the state secretary, upon the proposal of the government council;

c. * the public prosecutors, from among whom the chief public prosecutor and the deputy chief public prosecutor, as well as the juvenile prosecutor and their deputy, are chosen;

d.-e. * ...

f. the cantonal audit and accounts committee;

g. other authorities and commissions whose election is assigned to the cantonal council by law.

1. The responsibilities of the Cantonal Council include

1. the deliberation on proposals and submission of motions to the popular vote;

2. the interpretation of the cantonal constitution, laws, and ordinances, but never in a case pending before a judge;

3. the overall supervision of the state administration and the judiciary, particularly the examination and approval of accountability reports;

4. the preparation of the annual budget as well as the examination and approval of the state, administrative, and fund accounts;

5. * the adoption of all expenditures prescribed to the canton by federal law or for which the Cantonal Council is authorized by law, and, subject to the financial referendum, all freely determinable, single expenditures and annually recurring expenditures for the same purpose that do not fall within the responsibility of the government council;

6. * the acquisition of land to secure land reserves for cantonal functions;

7. the decision-making regarding the admission and renewal of long-term loans;

8. * the exercise of the right of pardon in cases of imprisonment;

9. the resolution of jurisdictional conflicts between cantonal authorities and between a cantonal and a municipal authority;

10. * the decision on the constitutional admissibility and the handling of submitted popular initiatives;

11. * ...

12. the exercise of the rights afforded to the canton vis-à-vis the Confederation pursuant to the Federal Constitution;

13. * the decision on joining inter-cantonal agreements and concluding legal transactions with the diocese, subject to the financial referendum and insofar as these powers are not transferred to the government council by legislation;

14. all other tasks assigned to it by legislation.

1. The Cantonal Council is responsible for the issuance of

1. independent ordinances on subordinate matters;

2. executive ordinances concerning federal legal provisions and cantonal laws;

3. ordinances based on legislative delegation.

1. The Executive Council consists of five members.

2. The legislation regulates the duties and powers of the individual departments of the Executive Council.

3. The allocation of the departments is the responsibility of the Executive Council.

1. The Governing Council is responsible for issuing

1. Implementation provisions for federal regulations, provided they are limited to regulating procedures and responsibilities;

2. Implementation provisions for cantonal laws, which provide for delegation to the Governing Council, and for ordinances of the Cantonal Council;

3. Temporarily limited emergency decrees. These must be submitted to the Cantonal Council as soon as possible, which will decide on their continued validity and time limitation.

1. The Government Council is the highest executive authority of the canton; it is responsible for handling all matters that pertain to the attributes of a government. It represents the canton externally.

2. It is particularly authorized to

1. execute the constitution, laws, and ordinances through its own directives as well as through instructions to the administration;

2. enforce the resolutions and decisions of other cantonal authorities, insofar as these powers have not been reserved for specific organs;

3. determine the organization of the cantonal administration and make elections and appointments, unless the organization is otherwise stipulated by legislation or the election and appointment are delegated to another instance;

4. oversee the entire state administration and supervise the municipalities, corporations, and self-governing bodies and institutions in accordance with the legislation;

5. adjudicate complaints against departments, municipalities, and corporations, insofar as a court is not competent;

6. grant cantonal concessions;

7. issue permits and patents, insofar as this is not transferred to another authority by legislation;

8. decide on freely determinable, one-time expenditures for the same purpose up to 200,000 francs and annually recurring expenditures up to 50,000 francs, subject to further powers conferred on it by legislation or decision of the Cantonal Council;

9. manage the cantonal assets, especially maintain cantonal buildings and facilities;

10. provide opinions;

11. ...

12. exercise the right of pardon, insofar as this is not reserved for the Cantonal Council;

13. perform all other tasks assigned to it by legislation.

1. In the judiciary, the courts are independent and subject only to law and justice.

2. The judicial authorities are under the supervision of the High Court and the overarching supervision of the Cantonal Council.

1. The administration of the courts is, in accordance with the law, the responsibility of the courts. The Supreme Court represents the courts in dealings with other authorities. It regularly submits a report on the administration of justice to the Cantonal Council.

2. The presidents of the courts are authorized, subject to further powers conferred on them by legislation or by resolution of the Cantonal Council, to make expenditures within the framework of the approved budget.

1. The organization, composition, functions, and competencies of courts and judicial authorities are governed by law, while the procedure is regulated by ordinance.

1. Judicial Authorities for General Civil Jurisdiction are: the Conciliation Authority, the Cantonal Court Presidency, the Cantonal Court, and the Supreme Court or its Presidency. Arbitration courts are reserved.

2. ...

1. The administration of criminal justice is exercised by: the public prosecutor's office, the presidency of the cantonal court, the cantonal court, and the higher court or its presidency.

2. The administration of juvenile criminal justice is exercised by the juvenile prosecutor's office, the presidency of the cantonal court, the cantonal court as a juvenile court, and the higher court or its presidency.

1. The administrative court or its presidium is responsible for adjudication in all administrative matters, insofar as legislation does not place a matter within the jurisdiction of the cantonal council, the government council, or an independent appellate authority elected by the cantonal council.

2. The law may establish a separate court as the administrative court or may assign this task to the superior court.

1. The municipalities are independent public law corporations.

2. The existence and autonomy of the municipalities are guaranteed by the canton.

1. The municipalities independently regulate all tasks falling within their jurisdiction within the framework of the legislation.

2. The assets of the municipalities are to be used purposefully and managed with care.

1. Municipalities may operate joint facilities or enterprises and form municipal associations under public law.

2. The organization of a municipal association must be laid down in a special statute.

3. Legislation may establish generally binding regulations for the formation and administration of certain municipal associations.

1. The municipal assembly, municipal council, municipal president, and audit commission are the bodies of the municipality.

2. The audit commission consists of three to five members who may not belong to the municipal council. It is responsible for examining the financial budget, particularly the municipal accounts, and for submitting proposals to the municipal assembly.

3. Further provisions regarding the organization of municipalities may be enacted by law.

4. Otherwise, the organization and administration of the municipality can be regulated in a municipal ordinance.

1. Every active citizen is entitled to submit proposals to the municipal council in the form of a general suggestion or a detailed proposal at any time concerning matters within the competence of the municipal assembly. The municipal council must present such proposals for a vote within one year. If a general suggestion is elevated to a decision, a detailed proposal must be submitted to the municipal assembly within one year.

2. The proposals may only relate to a single subject and must include a justification.

1. Ordinances and generally binding regulations enacted or amended by the Municipal Council must be submitted to the Municipal Assembly if fifty active citizens request this in writing within thirty days of the publication of the enactment.

1. Appeals against decisions of the municipal council and municipal assembly can be lodged with the government council within twenty days.

2. In the event of a violation of private rights, the ordinary civil process is reserved.

1. The municipalities are subject to the supervision of the Government Council. Unless otherwise provided by legislation, the Government Council's authority to review is limited to the legality of decisions.

2. In the case of a serious breach of duty, the Government Council may impose appropriate measures and, if necessary, restrict the right of self-government. The affected municipal authority may lodge an appeal against this measure with the Cantonal Council within twenty days.

3. Municipal ordinances require formal approval by the Government Council.

1. The following are considered municipalities

1. the residential and district municipalities;

2. the civic municipalities;

3. the church municipalities.

1. All persons residing within the municipality boundaries form the local community.

2. The local community regulates, within the framework of legislation, all local matters that do not fall under the jurisdiction of the federal government, the canton, or another type of municipality.

1. The municipal assembly consists of the active citizens residing in the municipality.

2. It must be convened at least once a year, ordinarily in the spring.

3. Extraordinary municipal assemblies are to be conducted whenever the municipal council decides, or if ten percent of eligible voters request it in writing, stating the matters to be addressed. In the latter case, the municipal assembly must be conducted within three months after receipt of the request.

4. The place, time, and agenda of the municipal assembly must be publicly announced one week in advance.

1. The responsibilities of the municipal assembly include

1. determining the number of municipal councilors within the range of five to thirteen members;

2. for a term of office of four years, the election of

a. the municipal councilors,

b. the members of the cantonal council,

c. * ...

d. the municipal usher,

e. the auditing commission;

3. * the election of the president and vice president of the council, referred to in Engelberg as Talammann and Statthalter, for a term of office of one year, unless the municipal regulations provide for a longer term;

4. deciding on the adoption, repeal, or amendment of ordinances and generally binding regulations, provided a petition has been submitted or a referendum has been initiated;

5. * annually approving the municipal accounts and budget estimates;

6. setting the tax rate;

7. making decisions on proposals from the municipal council and the electorate.

1. Responsibilities of the Municipal Council

1. Approval of the minutes of the municipal assembly;

2. Execution of the resolutions of the municipal assembly;

3. Enforcement of the constitution, laws, ordinances, and regulations, as well as the execution of orders and decisions of cantonal authorities;

4. Preparation of proposals for the municipal assembly;

5. Maintenance of public peace, order, morality, and health;

6. Preparation of the budget;

7. * Decision-making on all discretionary, unique expenditures for the same purpose up to 50,000 Swiss francs and annually recurring expenditures up to 10,000 Swiss francs, provided that the municipal regulations do not specify different expenditure limits, furthermore on expenditures prescribed to the municipality by legislation or for which extended powers are transferred to the municipal council through legislation or a resolution of the municipal assembly, as well as on expenditures for the maintenance of buildings, facilities, and installations owned by the municipality;

8. Issuance of ordinances and regulations;

9. Election of municipal personnel and the conclusion of corresponding employment contracts;

10. Administration of the municipal assets.

1. Within a municipal corporation, specifically defined areas may organize themselves as district municipalities with their own administrative authorities to fulfill certain tasks of the municipal corporation and, for this purpose, adopt their own district municipal ordinance within the framework of the entire municipality.

2. The provisions regarding the establishment of these authorities and the necessary organization shall apply mutatis mutandis as per the regulations concerning the municipal corporation.

3. Existing district municipalities may be dissolved and reintegrated into the entire municipality.

4. The establishment and dissolution of district municipalities require the approval of the respective municipal assembly, the district municipal assembly, and the government council.

1. The citizen municipality comprises all those entitled to citizenship in the respective municipality, regardless of their residence.

2. It regulates all matters assigned to it by legislation.

1. The Municipal Assembly consists of eligible voting citizens residing in the municipality. In non-exclusively civic matters, the other active citizens of the municipality are also entitled to vote.

1. The responsibilities of the Citizen Municipality Assembly include

1. the election, for a term of four years, of a citizen municipal council consisting of five to nine members;

2. the admission of foreigners to municipal citizenship.

1a

The Citizen Municipality Assembly may delegate the responsibility for the admission of foreigners to municipal citizenship to the Citizen Municipal Council or a Naturalization Commission in the municipal ordinance.

1b

If it delegates this authority to a Naturalization Commission, it may also assign this commission the responsibility for the admission of Swiss nationals to municipal citizenship in the municipal ordinance.

2. Other powers are determined analogously according to the regulations concerning the Resident Municipality.

1. The responsibility of the municipal council of citizens includes the admission of Swiss citizens to municipal citizenship.

2. The other powers shall be governed mutatis mutandis by the provisions concerning the municipal council of residents.

1. If the municipal community is assigned only a few tasks, the municipal community assembly may entrust the residential community with safeguarding its interests and renounce its own legal personality.

1. The Catholic members of the local municipality form the Catholic parish. By resolution of a denominational municipal assembly or by law, an independent Catholic parish may be constituted with its own parish council. Property law disputes arising from such independence between the local municipality and the parish are to be decided by the administrative court.

2. The existing Evangelical Reformed parish is recognized as a public-law entity. Subject to the approval of the Cantonal Council, additional Evangelical Reformed parishes may be established.

3. To represent themselves collectively externally, to regulate common matters, and to achieve an appropriate financial equalization, parishes of each denomination may form a parish association.

1. Members of a publicly recognized church residing within the parish district belong to the parish community.

2. The right to vote and eligibility to vote for members of the parish community is determined by the regulations concerning the resident municipality. It can be extended to other members of the parish community by law or parish community resolution.

3. In the parish council, the pastor is ex officio entitled to a seat and voting rights, as are the curate chaplains, insofar as matters related to their chaplaincies are to be addressed.

1. The district of a Catholic parish generally coincides with the territory of the municipality. Upon the request of a parish, a merger or division of parishes can be executed by a resolution of the Cantonal Council.

2. The diocesan bishop is responsible for changes to the parish district and the establishment of new parishes, deciding after consulting the respective parish council. If a change in the parish district becomes necessary due to the division or merger of parishes, an agreement must be reached with the diocesan bishop.

3. The Evangelical Reformed parish is entitled to organize itself over one or more municipalities.

1. The church congregations manage the church congregation property in accordance with its general purpose and the specific conditions of the funds belonging to them. If a church congregation manages the assets of ecclesiastical legal entities, an account must be rendered to the Bishop. The supervisory authority is the government council.

2. The church congregation taxes required to cover their financial needs are determined in accordance with the tax law.

1. The Catholic parishes have, subject to superior rights and special obligations of third parties and in accordance with specific legal titles, primarily the task of selecting the clergy (presentation) and arranging for the financial needs of the parishes. They may assume additional responsibilities.

2. The supervision and administration of chapels, subject to special circumstances, fall under the responsibility of the municipal communities. These powers and any obligations may be contractually transferred to the parishes. In the supervision and administration of the chapels, the pastor and the curate chaplains have a seat and a vote in the municipal council.

1. The Evangelical Reformed Church community independently manages its internal affairs.

2. If several church communities in the canton constitute themselves, they may freely allocate the authority over internal affairs between the church communities and the church community association.

1. The existing corporations, community divisions, and alpine cooperatives are recognized as traditional institutions of public law for the administration of communal property.

2. They are guaranteed the administration of their assets and the disposal of its yield.

3. In the investment and management of assets, particularly in the disposal of real estate, the economic development and strengthening of the community should be pursued.

4. The establishment of new and the merger of existing corporations, community divisions, and alpine cooperatives require the approval of the Cantonal Council.

1. Voting and electoral rights as well as the organization are regulated by statute.

1. The provisions concerning the supervision of the municipalities by the government council shall apply mutatis mutandis to corporations, joint communities, and alpine cooperatives.

1. The cantonal constitution may be amended in whole or in part at any time.

1. A partial revision of the constitution is carried out through the legislative process with a mandatory referendum.

1. The comprehensive revision of the constitution shall be decided through the legislative process with a mandatory referendum.

2. If the comprehensive revision of the cantonal constitution is decided, the drafting of a new constitution shall be the responsibility of a constitutional council.

3. The constitutional council shall be appointed according to the electoral regulations applicable to the cantonal council. All eligible voters residing in the canton are eligible for election.

4. The draft prepared by the constitutional council shall be submitted to a popular vote. If it is rejected in the referendum, a new draft must be submitted to the people within three years. If this draft is also rejected, the request for a comprehensive revision is considered concluded.

1. The new constitutional provisions are adopted if the proposal is accepted by a simple majority of the validly cast votes in the ballot.

2. The entry into force of all or specific constitutional provisions can be postponed by special regulations

a. until after the federal guarantee has been granted;

b. until after the adaptation of specifically named enactments has been completed.

1. Provisions Regarding the Competence of the Landsgemeinde and Voting Objects of the Ballot Vote

The provisions regarding the competence of the Landsgemeinde and the voting objects of the ballot vote shall come into force upon the acceptance of the new constitution by the people. The rest of the new constitution shall come into force at the Landsgemeinde in 1969.

1. Insofar as provisions of the previous constitution are necessary for the existence and functioning of cantonal and municipal bodies, they shall remain in force until the enactment of new legislation.

2. Laws and regulations that are in conflict with the content of this constitution shall be brought into conformity with the constitution by the competent authorities. Regulations whose content under this constitution only requires a different form shall remain valid until the issuance of new provisions by the competent authority.

3. Financial resolutions and ordinances of the Cantonal Council, against which the referendum was established according to previous law, shall be decided by the people at the ballot box. This also applies to financial resolutions and ordinances for which the referendum period is still running at the time of the coming into force of this constitutional amendment, and the referendum subsequently comes into being.

4. Amendments to existing ordinances of the Cantonal Council, which were subject to the optional referendum under previous law, shall be subject to the optional legislative referendum under the new law until they are replaced or repealed.

1. Where the current legislation stipulates a different time limit for appealing decisions of the municipal council or the municipal assembly, contrary to the new constitution, a period of twenty days shall apply upon the constitution's entry into force.

1. Within five years after the entry into force of the new constitution, the eligible voters of the Catholic denomination in the six old municipalities shall express their opinion in a municipal vote on whether they wish to establish independent church parishes with their own church council.

1. The Cantonal Council may issue any further necessary transitional provisions through regulations.

1. The term of office from 1994 to 1998 for municipal councils is extended by two years. The next general re-elections for the municipal councils will take place in the year 2000.

2. For municipal council members who resign before the extended term of office expires, by-elections must be carried out as individual elections.

3. Upon acceptance of the constitutional amendment, general re-elections or a re-election must be conducted

a. for the government council, for the first time in the year 2002; the term of office of the members of the government council elected in 1996 is extended until the year 2002;

b. for the member of the Council of States, for the first time in the year 2003, together with the election of the National Council;

c. for the courts, for the first time in the year 2000.

4. For government council members and judges as well as the Council of States, who resign in the years before the general re-elections are held or whose current term of office ends earlier, by-elections must be conducted as individual elections.

5. The government council shall issue the necessary instructions for conducting a popular vote at the ballot if necessary.

1. The amendments according to the Constitutional Addendum regarding new incompatibilities in the person shall apply for the first time to the terms of office commencing anew from July 1, 2008.

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1. Until the enactment of the new Judiciary Organization Act, the instances designated in the previous legislation remain competent for the adjudication of administrative matters.

1. The Cantonal Council is authorized to align constitutional provisions with the Federal Constitution that may have been declared by the Federal Assembly as contrary to the Federal Constitution.