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111.1 CH-AR

Constitution of the Canton of Appenzell Outer Rhodes - The Canton of Appenzell Ausserrhoden

120 Articles / Provisions · Switzerland · Canton of Appenzell Ausserrhoden
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Table of Provisions (120)

Art. 1 Constitution of the Canton of Appenzell A.Rh. Art. 2 Constitution of the Canton of Appenzell A.Rh. - Canton Territory Art. 3 Constitution of the Canton of Appenzell A.Rh. - Citizenship Art. 4 Constitution of the Canton of Appenzell A.Rh. Art. 5 Constitution of the Canton of Appenzell A.Rh. - Equality before the Law, Prohibition of Discrimination Art. 6 Constitution of the Canton of Appenzell A.Rh. - Equality of Men and Women Art. 7 Constitution of the Canton of Appenzell A.Rh. Art. 8 Constitution of the Canton of Appenzell A.Rh. - Prohibition of Arbitrariness, Good Faith; Prohibition of Retroactivity Art. 9 Constitution of the Canton of Appenzell A.Rh. - Personal Freedom Art. 10 Constitution of the Canton of Appenzell A.Rh. - Marriage and Cohabitation Art. 11 Constitution of the Canton of Appenzell A.Rh. - Freedom of Establishment Art. 12 Constitution of the Canton of Appenzell A.Rh. - Freedom of Opinion and Information Art. 13 Constitution of the Canton of Appenzell A.Rh. - Freedom of Education and Science Art. 14 Constitution of the Canton of Appenzell A.Rh. - Freedom of Art Art. 15 Constitution of the Canton of Appenzell A.Rh. Art. 16 Constitution of the Canton of Appenzell A.Rh. - Right to Petition Art. 17 Constitution of the Canton of Appenzell A.Rh. Art. 18 Constitution of the Canton of Appenzell A.Rh. – Guarantee of Property Art. 19 Constitution of the Canton of Appenzell A.Rh. - Economic Freedom; Freedom of Trade and Industry Art. 20 Constitution of the Canton of Appenzell A.Rh. Art. 21 Constitution of the Canton of Appenzell A.Rh. - b) Guarantees in Case of Deprivation of Liberty Art. 22 Constitution of the Canton of Appenzell A.Rh. - Applicability of Fundamental Rights Art. 23 Constitution of the Canton of Appenzell Ausserrhoden - Limitations on Fundamental Rights Art. 24 Constitution of the Canton of Appenzell A.Rh. - a) Social Rights Art. 25 Constitution of the Canton of Appenzell A.Rh. - b) Social Objectives Art. 26 Constitution of the Canton of Appenzell A.Rh. Art. 27 Constitution of the Canton of Appenzell Ausserrhoden Art. 28 Constitution of the Canton of Appenzell A.Rh. - Public Order and Safety Art. 29 Constitution of the Canton of Appenzell A.Rh. - Environmental and Nature Protection Art. 30 Constitution of the Canton of Appenzell A.Rh. - Monument Preservation and Landscape Protection Art. 31 Constitution of the Canton of Appenzell A.Rh. - Spatial Planning and Construction Art. 32 Constitution of the Canton of Appenzell Ausserrhoden - Traffic Art. 33 Constitution of the Canton of Appenzell A.Rh. Art. 34 Constitution of the Canton of Appenzell Ausserrhoden - b) Energy Art. 35 Constitution of the Canton of Appenzell A.Rh. - c) Waste Art. 36 Constitution of the Canton of Appenzell A.Rh. - Education and Training Art. 37 Constitution of the Canton of Appenzell A.Rh. - b) School Art. 38 Constitution of the Canton of Appenzell A.Rh. - c) Additional Duties Art. 39 Constitution of the Canton of Appenzell A.Rh. - Social Welfare Art. 40 Constitution of the Canton of Appenzell A.Rh. - b) Work Art. 41 Constitution of the Canton of Appenzell A.Rh. - c) Family, Youth and the Elderly Art. 42 Constitution of the Canton of Appenzell A.Rh. - d) Persons with Disabilities Art. 43 Constitution of the Canton of Appenzell A.Rh. - Economic Order Art. 44 Constitution of the Canton of Appenzell A.Rh. - b) Agriculture and Forestry Art. 45 Constitution of the Canton of Appenzell A.Rh. - c) Cantonal Bank Art. 46 Constitution of the Canton of Appenzell A.Rh. - d) Insurance Art. 47 Constitution of the Canton of Appenzell A.Rh. - e) Regalia Art. 48 Constitution of the Canton of Appenzell A.Rh. - Healthcare System Art. 49 Constitution of the Canton of Appenzell A.Rh. - Culture, Science, and Leisure Activities Art. 50 Constitution of the Canton of Appenzell A.Rh. Art. 51 Constitution of the Canton of Appenzell A.Rh. Art. 52 Constitution of the Canton of Appenzell A.Rh. - b) Form Art. 53 Constitution of the Canton of Appenzell A.Rh. - c) Unified Initiative Art. 54 Constitution of the Canton of Appenzell A.Rh. - d) Counterproposal; double yes Art. 55 Constitution of the Canton of Appenzell A.Rh. - e) Procedure Art. 56 Constitution of the Canton of Appenzell A.Rh. - a) Public Discussion Art. 57 Constitution of the Canton of Appenzell A.Rh. - b) Consultations Art. 60 Constitution of the Canton of Appenzell A.Rh. - Mandatory Referendum and Elections Art. 60bis Constitution of the Canton of Appenzell A.Rh. Art. 61 Constitution of the Canton of Appenzell A.Rh. - Separation of Powers Art. 61bis Constitution of the Canton of Appenzell Ausserrhoden - Principles of the Rule of Law Art. 62 Constitution of the Canton of Appenzell A.Rh. - Eligibility Art. 63 Constitution of the Canton of Appenzell A.Rh. Art. 64 Constitution of the Canton of Appenzell A.Rh. - Recusal Art. 65 Constitution of the Canton of Appenzell A.Rh. - Term of Office Art. 67 Constitution of the Canton of Appenzell A.Rh. - Duty to Inform, Public Access Art. 68 Constitution of the Canton of Appenzell A.Rh. - Delegations Art. 69 Constitution of the Canton of Appenzell A.Rh. - Forms of Legislation Art. 70 Constitution of the Canton of Appenzell Ausserrhoden - Liability Art. 70bis Constitution of the Canton of Appenzell A.Rh. Art. 71 Constitution of the Canton of Appenzell A.Rh. - Composition, Election Art. 72 Constitution of the Canton of Appenzell A.Rh. - Competencies Art. 73 Constitution of the Canton of Appenzell A.Rh. - b) Elections Art. 74 Constitution of the Canton of Appenzell A.Rh. - c) Legislation Art. 74bis Constitution of the Canton of Appenzell A.Rh. Art. 75 Constitution of the Canton of Appenzell A.Rh. - d) Planning Art. 76 Constitution of the Canton of Appenzell Ausserrhoden - e) Financial Competencies Art. 77 Constitution of the Canton of Appenzell A.Rh. - f) Additional Powers Art. 78 Constitution of the Canton of Appenzell A.Rh. - Organization Art. 79 Constitution of the Canton of Appenzell A.Rh. - b) Commissions Art. 80 Constitution of the Canton of Appenzell A.Rh. - c) Position of the Government Council Art. 81 Constitution of the Canton of Appenzell A.Rh. - d) Immunity, Prohibition on Instruction Art. 82 Constitution of the Canton of Appenzell A.Rh. - Position Art. 83 Constitution of the Canton of Appenzell A.Rh. - Number of Seats, Full-Time Position, Re-election Art. 84 Constitution of the Canton of Appenzell A.Rh. - The Office of Landammann Art. 86 Constitution of the Canton of Appenzell A.Rh. - Competencies Art. 87 Constitution of the Canton of Appenzell A.Rh. - b) Legislation Art. 87bis Constitution of the Canton of Appenzell A.Rh. - External Relations Art. 88 Constitution of the Canton of Appenzell A.Rh. - c) Financial Competences Art. 89 Constitution of the Canton of Appenzell A.Rh. - d) Additional Powers Art. 90 Constitution of the Canton of Appenzell Ausserrhoden - e) Extraordinary Situations Art. 91 Constitution of the Canton of Appenzell A.Rh. Art. 92 Constitution of the Canton of Appenzell A.Rh. Art. 93 Constitution of the Canton of Appenzell A.Rh. - Cantonal Administration Art. 94 Constitution of the Canton of Appenzell Ausserrhoden - Judicial Authorities Art. 95 Constitution of the Canton of Appenzell A.Rh. - Obligation to Provide Reasons Art. 96 Constitution of the Canton of Appenzell A.Rh. - General Principles Art. 97 Constitution of the Canton of Appenzell A.Rh. - Fundraising Art. 98 Constitution of the Canton of Appenzell A.Rh. - Taxes and Levies Art. 99 Constitution of the Canton of Appenzell A.Rh. - Expenditures Art. 100 Constitution of the Canton of Appenzell A.Rh. Art. 101 Constitution of the Canton of Appenzell A.Rh. - Municipal Autonomy Art. 101bis Constitution of the Canton of Appenzell A.Rh. Art. 102 Constitution of the Canton of Appenzell A.Rh. - Organization Art. 103 Constitution of the Canton of Appenzell A.Rh. Art. 104 Constitution of the Canton of Appenzell A.Rh. - Financial Equalization Art. 105 Constitution of the Canton of Appenzell A.Rh. Art. 106 Constitution of the Canton of Appenzell Ausserrhoden - Right of Initiative Art. 107 Constitution of the Canton of Appenzell A.Rh. - Municipal Law Art. 108 Constitution of the Canton of Appenzell A.Rh. Art. 109 Constitution of the Canton of Appenzell A.Rh. Art. 110 Constitution of the Canton of Appenzell A.Rh. Art. 111 Constitution of the Canton of Appenzell A.Rh. Art. 112 Constitution of the Canton of Appenzell A.Rh. - Principle Art. 113 Constitution of the Canton of Appenzell A.Rh. - Partial Revision Art. 114 Constitution of the Canton of Appenzell A.Rh. - Total Revision Art. 115 Constitution of the Canton of Appenzell A.Rh. - Citizen Communities Art. 116 Constitution of the Canton of Appenzell A.Rh. - Ecclesiastical Buildings Art. 117ter Constitution of the Canton of Appenzell A.Rh. - Term of Office Art. 118 Constitution of the Canton of Appenzell A.Rh. - Entry into Force; Repealed Law

Statutory Text (120 Articles)

1. Principles

1. The Canton of Appenzell Ausserrhoden is a liberal, democratic, and social constitutional state.

2. It is an autonomous part of the Swiss Confederation and collaborates with the federal government, other cantons, and neighboring foreign countries.

3. It actively participates in the decision-making process at the federal level.

1. Principles

1. The Canton of Appenzell Ausserrhoden is divided into municipalities. The law regulates the existence and territory of the municipalities.

1. Principles

1. The municipal citizenship is the foundation of the land rights.

2. The acquisition and loss of land rights and municipal citizenship are regulated by law.

2. Fundamental Rights

1. Human dignity shall be respected and protected.

2. Fundamental Rights

1. All persons are equal before the law.

2. No one may be discriminated against on the basis of their gender, age, race, skin color, language, origin, political, religious or ideological convictions, lifestyle, or physical and mental attributes.

2. Fundamental Rights

1. Women and men have equal rights.

2. They have the right to equal education and equal pay for work of equal value, as well as equal access to public office.

3. The cantons and municipalities promote the actual equality of men and women.

4. They endeavor to ensure that public duties are carried out jointly by both women and men.

2. Fundamental Rights

1. The freedom of faith and conscience and their exercise are guaranteed.

2. No one may be compelled to perform a religious act or to profess a belief.

2. Fundamental Rights

1. Protection against arbitrary state action and protection of good faith are guaranteed.

2. Retroactive decrees are not permissible.

2. Fundamental Rights

1. Personal freedom is guaranteed.

2. Torture, inhuman, and degrading punishments or treatments are prohibited.

3. Every person has the right to the protection of their privacy, their home, as well as their letter and telecommunications secrecy.

2. Fundamental Rights

1. The right to marriage and family life is protected.

2. The free choice of another form of communal life is guaranteed.

2. Fundamental Rights

1. Every person has the right to freely form their opinion, express it without hindrance, and disseminate it in word, writing, image, or by other means.

2. State control of expressions of opinion for the purpose of influencing content is not permitted.

3. Every person who can demonstrate a legitimate interest has the right, within the framework of the law, to access official records, provided that no overriding public or private interests oppose it.

2. Fundamental Rights

1. The freedom of research and teaching and the authority to instruct are guaranteed.

2. Every person engaged in research and teaching is obliged to recognize their responsibility towards the life of humans, animals, and plants, as well as their living conditions.

2. Fundamental Rights

1. The freedom of artistic expression is guaranteed.

2. Fundamental Rights

1. Every person has the right to the protection of their personal data.

2. They are entitled to information about data processed concerning them and can request the correction of incorrect data.

2. Fundamental Rights

1. Every person has the right to submit petitions to authorities and to collect signatures for this purpose. No disadvantages may arise from this.

2. Authorities have the duty to examine petitions substantively and to respond as quickly as possible.

2. Fundamental Rights

1. Freedom of association and assembly is guaranteed.

2. Demonstrations on public grounds may be declared subject to approval by law or municipal regulations. They must be permitted if an orderly procedure is ensured and the impact on third parties appears reasonable.

2. Fundamental Rights

1. Ownership is guaranteed.

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

2. Fundamental Rights

1. The free choice of occupation, the free economic activity, and the right to professional and trade union association are guaranteed.

2. Fundamental Rights

1. Every person has the right to independent and impartial judges, as provided by law.

2. Legal protection is free of charge for those of limited means.

3. Every person is considered innocent until they are legally convicted in a judicial proceeding. In case of doubt, decisions should be made in favor of the accused.

4. The parties have the right in all proceedings to be heard, to receive a reasoned decision within a reasonable time, and to be instructed on the right of appeal.

2. Fundamental Rights

1. Freedom may only be deprived from a person in the cases and forms prescribed by law.

2. Any person who has been deprived of their freedom must be informed, in a language they understand, of the reasons for the deprivation of freedom and their rights. They have the right to have their next of kin notified.

3. Any person detained and suspected of a criminal offense must be heard as quickly as possible by a judicial authority.

4. Any person deprived of their freedom has the right to legal counsel and to a review of the deprivation of freedom in a prompt and simple judicial procedure.

5. In the case of unjustified deprivation of freedom, the state is obliged to provide compensation and possibly satisfaction.

6. Free communication with legal counsel may only be restricted in case of risk of misuse and only to the extent permitted by law.

2. Fundamental Rights

1. Fundamental rights are effective throughout the entire legal system.

2. They also apply to foreign nationals, unless federal law provides otherwise.

3. Minors capable of judgment can independently assert those fundamental rights that pertain to them on account of their personality.

2. Fundamental Rights

1. Anyone who claims fundamental rights is obligated to respect the fundamental rights of others.

2. Restrictions on fundamental rights are only permissible if they

a) are based on a legal foundation,

b) correspond to a predominant public interest, and

c) are proportionate.

3. The requirement for a legal foundation of a restriction on fundamental rights can be temporarily waived in cases of serious, immediate, and obvious danger.

4. The core content of a fundamental right may not, under any circumstances, be impaired.

3. Social Rights and Social Objectives

1. Every person, in situations of emergency which they cannot overcome by their own efforts, has the right to shelter, basic medical care, and the means necessary for a life in human dignity.

2. Every child has the right to protection and care as well as to a free basic education corresponding to their abilities during the mandatory school period.

3. Victims of serious crimes have the right to assistance for overcoming their difficulties.

3. Social Rights and Social Objectives

1. The canton and municipalities, in addition to private initiative and personal responsibility and within the scope of available resources, aim to ensure that

a) everyone can earn their living through work;

b) everyone can live in a suitable manner;

c) everyone can educate and further educate themselves according to their abilities and inclinations;

d) parents are materially secured before and after childbirth;

e) all individuals who require assistance due to age, infirmity, illness, or disability receive adequate care and support.

4. Personal Obligations

1. Every person is responsible for themselves as well as jointly responsible for the community and the preservation of our livelihood for future generations.

2. For the fulfillment of charitable tasks, the law may obligate the population to provide personal services. In lieu of tangible service, a substitute levy may be imposed.

5. Public Duties - 5.1 Principles

1. Public duties shall be fulfilled in such a way that the natural foundations of life are preserved and maintained; they are guided by the needs and welfare of all.

2. Both existing and new tasks shall be continuously reviewed for their necessity, affordability, efficiency, and expediency.

3. The canton shall only perform tasks that cannot be equally well handled by the municipalities or private entities. It promotes private initiative and personal responsibility and strives for regional cooperation.

5. Public Duties - 5.2 The Specific Public Duties

1. The canton guarantees public order and safety.

2. It takes measures for the management of extraordinary situations.

5. Public Tasks - 5.2 Specific Public Tasks

1. The natural environment is to be maintained in a healthy state for present and future generations and, if already damaged, it should be restored as best as possible. It should be burdened as little as possible by state and private activities.

2. The canton and municipalities protect animal and plant life as well as their habitats in their diversity.

3. The natural resources should only be utilized to the extent that their renewability and availability remain ensured.

4. The canton and municipalities may introduce steering measures to conserve natural resources and to restrict waste and pollutants.

5. They promote personal responsibility and can support organizations committed to preserving natural resources.

6. Costs for environmental protection measures are generally to be borne according to the polluter-pays principle.

7. Harmful and nuisance emissions should be captured, prevented, or at least reduced at the source.

5. Public Tasks - 5.2 Specific Public Tasks

1. The canton and municipalities shall take measures for the preservation and maintenance of protected landscapes and sites, cultural properties, and natural monuments.

2. They shall cooperate with private organizations and may participate in financing.

5. Public Duties - 5.2 The Specific Public Duties

1. The canton and municipalities ensure the orderly settlement of the land, the appropriate and economical use of the soil, and the protection of the landscape.

2. In the construction of buildings and facilities of any kind, consideration must be given to the surroundings.

5. Public Tasks - 5.2 Specific Public Tasks

1. The canton and municipalities ensure an environmentally friendly and safe traffic regulation and connectivity for all road users.

2. They promote the shift from individual to collective transportation, insofar as there are substantial public overall interests for it.

5. Public Tasks - 5.2 Specific Public Tasks

1. The canton and municipalities ensure the water supply and promote the economical use of water.

2. They strive to minimize water pollution and ensure environmentally sound wastewater treatment.

5. Public Duties - 5.2 The Specific Public Duties

1. The canton and municipalities promote the safe and environmentally friendly supply of energy as well as its economical and rational use.

2. They particularly promote the use of renewable energies.

5. Public Tasks - 5.2 Specific Public Tasks

1. The canton and municipalities shall take measures to reduce waste and to recycle it.

2. They shall ensure proper disposal.

5. Public Tasks - 5.2 Specific Public Tasks

1. Education and upbringing have the task of promoting the development towards a self-responsible personality, the determination for social justice, and the responsibility for the community.

2. The school supports parents in the upbringing; in conjunction with them, it provides education that is appropriate to the abilities and potential of the children.

5. Public Duties - 5.2 The Specific Public Duties

1. The canton and municipalities operate public kindergartens and schools.

2. They may subsidize private schools.

3. Every person is free to attend either public schools or, at their own expense, recognized private schools.

5. Public Duties - 5.2 The Specific Public Duties

1. The canton and municipalities support education and training, as well as adult education.

2. The canton ensures access to universities and to higher education and vocational colleges.

3. It promotes cooperation in the school and education sector.

5. Public Tasks - 5.2 Specific Public Tasks

1. The canton and municipalities support people in need in collaboration with other organizations.

2. They strive to prevent social hardships and promote measures for self-help.

3. They may supplement the federal benefits for social security.

4. The canton supervises the homes.

5. Public Tasks - 5.2 The Specific Public Tasks

1. The canton and municipalities coordinate and support job placement, vocational retraining, and the reintegration of unemployed individuals.

2. In disputes between social partners, the canton offers its assistance.

5. Public Tasks - 5.2 Specific Public Tasks

1. The canton and municipalities support families and other communities with children in fulfilling their tasks; they may assist in creating suitable conditions for the care of children.

2. They address the concerns and needs of the youth and the elderly in collaboration with other organizations.

5. Public Tasks - 5.2 Specific Public Tasks

1. The canton and municipalities promote, in collaboration with private organizations, the training as well as the professional and social integration of persons with disabilities.

5. Public Tasks - 5.2 The Specific Public Tasks

1. The canton and municipalities create favorable conditions for a diverse and balanced economic development and are committed to the creation and preservation of jobs.

2. They may support organizations that promote economic development.

3. Within their means, they strive to mitigate economic crises and their consequences.

5. Public Tasks - 5.2 Specific Public Tasks

1. The canton shall take measures to promote an efficient agriculture and forestry sector adapted to the topographical conditions.

2. It shall particularly support independent family businesses, nature-friendly management, and comprehensive basic agricultural education.

3. It shall ensure the preservation of forests in their protective, economic, and recreational functions.

5. Public Tasks - 5.2 Specific Public Tasks

1. The canton may participate in a bank to meet the financial and credit needs of the population and the economy within the canton; it may also operate such a bank itself.

5. Public Tasks - 5.2 Specific Public Tasks

1. The canton may operate or participate in an establishment that insures buildings, land, and crops against damage.

2. Insurance coverage for buildings and land is mandatory.

5. Public Tasks - 5.2 The Specific Public Tasks

1. The canton holds the following exclusive economic exploitation rights

a) Water rights,

b) Hunting and fishing rights,

c) Mineral rights, including storage of materials underground and use of geothermal energy,

d) Salt rights.

2. It can exercise the exploitation rights itself or transfer them to municipalities or private individuals.

3. Existing private rights are reserved.

5. Public Tasks - 5.2 Specific Public Tasks

1. The canton and municipalities create the conditions for adequate, cost-conscious medical and nursing care for the population.

2. The canton promotes collaboration between private and public institutions within the canton and the region.

3. The canton and municipalities encourage self-responsibility; they support health prevention and education and combat addiction risks.

4. The canton and municipalities promote outpatient medical and healthcare services.

5. The canton supervises public and private healthcare institutions, health professions, and the pharmaceutical sector.

6. The freedom to practice medicine is guaranteed.

5. Public Tasks - 5.2 The Specific Public Tasks

1. The canton and municipalities promote culture.

2. They support scientific activities.

3. They promote meaningful leisure activities.

6. People's Rights - 6.1 Voting Right

1. The right to vote in cantonal matters is granted to all Swiss citizens who reside in the canton and have reached the age of 18.

6. Popular Rights - 6.2 Popular Initiative

1. A popular initiative may request

a) the total revision or a partial revision of the Constitution,

b) the enactment, repeal, or amendment of laws and resolutions that are subject to a public vote.

2. A popular initiative must be signed by at least 300 eligible voters.

6. People's Rights - 6.2 People's Initiative

1. Popular initiatives may be submitted as a general suggestion or, provided they do not call for a total revision of the constitution, as a fully developed proposal.

6. Popular Rights - 6.2 Popular Initiative

1. Unless an initiative explicitly demands a total revision or a partial revision of the constitution, the Cantonal Council shall decide whether the proposal is to be drafted at the constitutional or legislative level.

6. Popular Rights - 6.2 Popular Initiative

1. The Cantonal Council may present a counter-proposal to initiatives.

2. The eligible voters may validly support both the initiative and the counter-proposal and decide which of the two proposals they prefer if both are adopted.

6. Popular Rights - 6.2 Popular Initiative

1. The government council decides on the accomplishment, and the cantonal council decides on the validity of initiatives.

2. An initiative is wholly or partially invalid if it

a) contradicts the principle of unity of matter,

b) contradicts superior law, or

c) is impracticable.

3. Popular initiatives shall be processed as swiftly as possible.

6. People's Rights - 6.3 Participation Rights

1. Anyone residing in the canton may submit written proposals to the Cantonal Council on matters subject to a mandatory or optional referendum and justify them personally before the council in accordance with the rules of procedure.

6. Popular Rights - 6.3 Participation Rights

1. Interested parties must be invited to provide feedback on constitutional and legislative proposals as well as on other important matters.

2. The results of the consultation procedure must be published.

7. The Eligible Voters

1. The eligible voters decide on

a) the total or partial revision of the constitution;

b)-c) * ...

d) fundamental resolutions;

e) expenditures that exceed the jurisdiction of the cantonal council;

f) * ...

g) * initiatives to which the cantonal council does not agree or to which it presents a counter-proposal;

h) * resolutions of the cantonal council that are subject to the optional referendum according to Art. 60bis, when one-third of the present members request it.

2. The eligible voters elect

a) the members of the executive council and from among them the person who holds the office of Landammann;

b) * the members of the superior court;

c) the representative of the canton in the Council of States for a term of four years.

7. The Eligible Voters

1. If at least 300 eligible voters request this within 60 days after the official publication, the voters shall decide on

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

b) inter-cantonal and international treaties with a legislative character.

8. Authorities - 8.1 General Provisions

1. The Cantonal Council, the Government Council, and the courts are organized according to the principle of the separation of powers.

2. The authorities cooperate and coordinate their activities with one another.

3. ...

8. Authorities - 8.1 General Provisions

1. Whoever performs public duties is bound by the constitution and the law. They act in the public interest according to the principle of good faith, without arbitrariness, and in accordance with the principle of proportionality.

2. Cantonal enactments that contradict superior law shall not be applied by the Executive Council and the courts.

8. Authorities - 8.1 General Provisions

1. Eligible for election to cantonal authorities are those entitled to vote in the canton. Exceptions are regulated by law.

8. Authorities - 8.1 General Provisions

1. No individual may simultaneously be a member of

a) the Cantonal Council, the Executive Council, and a cantonal court;

b) * a cantonal court and a municipal council, or the personnel of the canton and its establishments;

bbis) * the Cantonal Council and the personnel of the canton and its establishments in a position designated by law as a managerial role or one directly supporting the Executive Council;

c) the Executive Council and a municipal parliament or a municipal council;

d) * the Cantonal Court and the Supreme Court;

e) * a cantonal court as a member of a conciliation authority.

2. Besides the Cantonal Council, the same authority may not simultaneously include: parents and children, siblings, spouses as well as partners in a registered partnership or a de facto cohabitation.

8. Authorities - 8.1 General Provisions

1. Members of authorities and officials of the cantonal administration must recuse themselves from matters that concern them.

2. Further details are determined by law.

8. Authorities - 8.1 General Provisions

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

2. All elections are held for a term of office or for the remainder of such a term.

8. Authorities - 8.1 General Provisions

1. The authorities of the canton and municipalities must inform the public early and sufficiently.

2. The official information on voting proposals should enable free opinion formation.

3. The proceedings of the cantonal council and the courts are public. Exceptions are regulated by law.

4. The members of the cantonal council and the government council disclose their interests.

8. Authorities - 8.1 General Provisions

1. The law may transfer powers to the Cantonal Council or the Executive Council, provided that the delegation is limited to a specific area and the law establishes its framework. Direct delegation to other authorities is excluded.

2. Under the same conditions, powers of the Cantonal Council can be transferred to the Executive Council.

3. The Executive Council may transfer its powers to departments and other bodies if authorized by the Cantonal Council. It may transfer powers of the departments without authorization.

8. Authorities - 8.1 General Provisions

1. All fundamental and significant legal principles of the cantonal law must be enacted in the form of legislation. This includes provisions for which the constitution expressly provides for a law, as well as provisions regarding

a) the basic principles of the legal status of individuals,

b) the subject matter of taxes, the principles of their assessment, and the circle of those liable to pay taxes, with the exception of minor fees,

c) the purpose, type, and framework of significant cantonal services,

d) the basic principles of the organization and duties of the authorities,

e) the undertaking of a new, permanent task.

8. Authorities - 8.1 General Provisions

1. The canton and other bodies that perform public functions are liable for damage unlawfully caused by their organs in the course of exercising their sovereign activities.

2. They are also liable for damages lawfully caused by their organs if individuals are severely affected and it cannot be reasonably expected that they bear the damage themselves.

3. The law regulates the liability of members of authorities and employees towards the canton and other bodies that perform public functions.

8. Authorities - 8.2 The Cantonal Council

1. The Cantonal Council is the legislative authority of the canton and exercises supreme oversight.

8. Authorities - 8.2 The Cantonal Council

1. The cantonal council consists of 65 members.

2. Each municipality has at least one seat.

3. The remaining seats are distributed among the municipalities in proportion to their population numbers.

4. The majority voting system applies for the election of the cantonal council; the constituencies are the municipalities. The municipalities can introduce the proportional representation system.

5. The details are regulated by law.

8. Authorities - 8.2 The Cantonal Council

1. The Cantonal Council supervises the government and the administration of the courts.

2. It exercises the supreme supervision over the cantonal administration and the public law institutions.

8. Authorities - 8.2 The Cantonal Council

1. The Cantonal Council elects

a) the president of the Cantonal Council and the other members of the cantonal council office, each for a term of one year;

abis) * the president and the vice-presidents of the High Court;

b) * the president, vice-presidents, and the other members of the Cantonal Court;

bbis) * the presidents and other members of the Conciliation Authorities;

c) * upon proposal by the Government Council: the clerk of the council;

d) the head of parliamentary services;

e) the financial control;

f) the data protection supervisory body.

2. The Cantonal Council may be granted additional electoral powers by law.

8. Authorities - 8.2 The Cantonal Council

1. The Cantonal Council decides on proposals for the revision of the cantonal constitution to be submitted to the electorate. It may submit alternative proposals.

2. It enacts laws subject to the optional referendum and issues ordinances within the framework of the constitution and the law.

3. ...

8. Authorities - 8.2 The Cantonal Council

1. The Cantonal Council participates in shaping external relations.

2. It approves or terminates inter-cantonal and international treaties. The optional referendum remains reserved.

3. It monitors projects for inter-cantonal or international cooperation.

8. Authorities - 8.2 The Cantonal Council

1. The Cantonal Council discusses the factual, financial, and investment planning as well as other fundamental plans of the Government Council.

8. Authorities - 8.2 The Cantonal Council

1. The Cantonal Council decides on the budget and the tax rate in accordance with the financial plan.

2. Subject to differing statutory provisions, it decides on

a) new one-time expenditures for the same purpose in the amount of 1% to 5% of a tax unit;

b) new recurring expenditures in the amount of 0.5% to 1% of a tax unit.

8. Authorities - 8.2 The Cantonal Council

1. The Cantonal Council

a) exercises the participatory rights granted to the cantons by the Federal Constitution;

b) adopts fundamental decisions within the scope of its responsibilities;

c) decides on pardons;

d) resolves jurisdictional conflicts between the highest cantonal authorities;

e) approves the state account.

1bis. If a member of the government council is clearly and permanently unable to perform their duties, the cantonal council can declare incapacity to hold office with a three-quarters majority of the members present.

2. The cantonal council can instruct the government council to prepare its business.

3. Additional tasks may be assigned to it by law.

8. Authorities - 8.2 The Cantonal Council

1. The law governs the fundamental principles of the organization and operations of the Cantonal Council.

2. The Cantonal Council has parliamentary services.

3. The cantonal administration assists the Cantonal Council in fulfilling its duties.

8. Authorities - 8.2 The Cantonal Council

1. The Cantonal Council may establish permanent committees and assign special committees for the preparation of individual matters.

2. The Executive Council and the administration shall provide the committees with all the information they require for their activities.

3. The law may transfer certain subordinate powers to the committees. The delegation of legislative powers is excluded.

8. Authorities - 8.2 The Cantonal Council

1. Members of the Government Council participate in the sessions of the Cantonal Council.

2. They have an advisory vote and the right to make motions.

8. Authorities - 8.2 The Cantonal Council

1. Members of the Cantonal Council and the Government Council are free in their expressions in the council and in committees and can only be prosecuted criminally or held liable civilly if two-thirds of the present council members grant their authorization to do so.

2. Members of the Cantonal Council vote and deliberate without instruction.

8. Authorities - 8.3 The Government Council

1. The Government Council is the highest executive, planning, and executing authority of the Canton.

2. It manages the cantonal administration and, according to the law, supervises the public prosecutor's office and the municipalities.

8. Authorities - 8.3 The Government Council

1. The government council consists of five full-time members.

1bis) Reelection is possible three times.

2. ...

3. The cantonal council regulates the remuneration and occupational pension provision.

8. Authorities - 8.3 The Government Council

1. The person holding the office of Landammann presides over the Council of State.

2. He or she directs, plans, and coordinates the work of the Council of State.

3. The election to the office of Landammann takes place every two years. After completing a full term, one must refrain from office for one term.

8. Authorities - 8.3 The Government Council

1. The Executive Council, subject to the competencies of the electorate and the Cantonal Council, determines the objectives and means of governmental action.

2. It plans and coordinates governmental activities. It conducts medium-term subject and schedule planning and prepares a financial plan, an investment plan, and other fundamental plans for the Cantonal Council.

8. Authorities - 8.3 The Government Council

1. The Executive Council drafts decrees and resolutions for the attention of the Cantonal Council.

2. ...

3. It issues ordinances within the framework of the constitution and the legislation.

4. In cases of urgency, it may issue ordinances as necessary to implement superior law; these must be incorporated into regular law without delay.

5. To implement superior law, it may issue the necessary provisions, provided these are limited to the organization and functions of cantonal authorities.

8. Authorities - 8.3 The Executive Council

1. The Government Council manages cooperation with the Confederation, with other cantons, and with foreign countries, and represents the canton externally.

2. It concludes and terminates inter-cantonal and international agreements on matters that fall within its ordinary jurisdiction.

3. It advocates for the cantonal interests in relation to the Confederation.

4. It safeguards the participatory rights of the Cantonal Council.

8. Authorities - 8.3 The Government Council

1. The Executive Council prepares the budget and the state account for the Cantonal Council.

2. It decides on

a) mandatory expenditures and changes in financial assets without limitation;

b) new one-time expenditures up to the amount of 1% of a tax unit;

c) new recurring expenditures up to the amount of 0.5% of a tax unit.

8. Authorities - 8.3 The Government Council

1. The government council exercises all powers not explicitly assigned to another authority.

2. In particular, its responsibilities include

a) responsibility for public order and safety;

b) * ...

c) the drafting of consultations for the federal authorities;

d) the decision on the initiation or support of the cantonal referendum in urgent cases;

e) * the execution of legislation and legally binding judgments;

f) the granting of citizenship rights;

g) the election of members of the cantonal administration, insofar as no other authority is responsible;

h) the preparation of an annual report to the cantonal parliament.

3. Further powers may be conferred upon the government council through legislation.

8. Authorities - 8.3 The Government Council

1. The government council shall take measures, even without explicit legal basis, to address disturbances to public order and safety as well as social emergencies that have occurred or are imminent.

2. Emergency decrees must be immediately submitted to the cantonal council for approval; they shall expire no later than one year after their entry into force.

8. Authorities - 8.3 The Government Council

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

8. Authorities - 8.3 The Government Council

1. By law, regulation, or resolution of the government council, permanent advisory commissions may be established or special commissions may be entrusted with the preparation of individual matters.

8. Authorities - 8.3 The Government Council

1. The administration performs its duties in accordance with the principles of legality, effectiveness, and efficiency.

2. The law regulates the basic structure of administrative organization and administrative procedure.

3. The Staff, Coordination, and Liaison Office of the Government Council and the Cantonal Council is the Cantonal Chancellery, which is led by the Secretary of the Council.

8. Authorities - 8.4 The Courts

1. Jurisdiction is exercised by

a) * the conciliation authorities in civil matters;

b) * ...

c) * the Cantonal Court for the adjudication of civil and criminal cases in the first instance;

d) * the Supreme Court as the sole instance or appellate instance in civil, criminal, and administrative matters;

e) * ...

2. The law regulates organization, procedure, and competencies.

3. The Cantonal Council regulates the remuneration, occupational pension plans, and compensations of the court members.

8. Authorities - 8.4 The Courts

1. Judgments must be provided in writing with reasons.

2. Exceptions are governed by law.

9. Financial Regulation

1. The canton and municipalities shall manage their financial budgets economically, efficiently, and in a balanced manner over the medium term.

2. They shall ensure comprehensive financial and investment planning.

3. New responsibilities may only be undertaken if their financing is secured.

4. Independent administrative oversight bodies shall examine whether the financial budget is conducted in accordance with the law.

5. Further details shall be governed by law.

9. Financial Regulation

**1. The Canton Procures its Means**

a) through the collection of taxes and other charges;

b) from income generated by assets;

c) from contributions of the Confederation and third parties;

d) through the acceptance of loans and bonds.

9. Financial Regulation

1. The canton and municipalities tax the income and assets of natural persons as well as the profits and capital of legal entities.

2. Additional cantonal and municipal taxes and charges may be introduced by law.

3. In the structuring of taxes, the principles of legal equality and economic capacity must be observed.

9. Financial Regulation

1. Every expenditure requires a legal basis, a corresponding credit, and a spending resolution by the competent authority.

10. Municipalities

1. The only type of municipality in the canton is the residential municipality.

2. It is a public-law corporation with its own legal personality.

3. It fulfills all local tasks that are not undertaken by the federal government or the canton and are not reasonably left to private entities.

10. Municipalities

1. The autonomy of the municipalities is guaranteed. Its extent is determined by cantonal and federal law.

2. All cantonal bodies ensure the greatest possible independence of the municipalities.

10. Municipalities

1. Changes to the composition and territory require the consent of the eligible voters of each affected municipality.

2. The canton provides administrative and financial support to municipalities that wish to merge.

3. The law regulates the specifics.

10. Municipalities

1. The municipalities establish their organization within the framework of the constitution and law in a municipal code.

2. The municipal code is subject to a referendum and requires approval by the government council to be valid.

3. The municipalities can introduce a municipal parliament.

10. Municipalities

1. The municipalities cooperate with each other, with the canton, and where applicable, with municipalities from other cantons in fulfilling their tasks.

2. With the approval of the government council, they may form special-purpose associations or merge into other organizations.

3. If a task cannot be fulfilled otherwise, the government council can obligate two or more municipalities to collaborate.

10. Municipalities

1. A financial equalization is to aim for a balanced distribution of the tax burden among the municipalities.

10. Municipalities

1. The right to vote in the municipality is granted to all individuals who are eligible to vote in cantonal matters.

2. Furthermore, municipalities can grant the right to vote to foreigners who have been residing in Switzerland for ten years, including five years in the canton, and who submit a corresponding request.

10. Municipalities

1. Through an initiative, the enactment, amendment, or repeal of regulations or resolutions that are subject to mandatory or optional referendum can be demanded.

2. The initiative can be submitted as a general proposal or as a detailed draft.

3. If an initiative demands the enactment or amendment of plans or regulations for which an objection procedure is prescribed, it is only permissible as a general proposal.

4. Articles 51 paragraph 1, 52, 54, and 55 shall apply mutatis mutandis.

10. Municipalities

1. The law specifically regulates the fundamentals of municipal organization, the supervision of municipalities, and financial affairs.

11. Corporations and Institutions Under Public Law

1. In accordance with the provisions of the law, public tasks may be carried out by corporations and institutions under public law.

12. State and Church - 12.1 Public Law Religious Communities

1. The Evangelical Reformed Church and the Roman Catholic Church are independent public law corporations.

2. The church corporations independently regulate their internal affairs. They are authorized to levy taxes from their members.

3. Decisions and orders of church bodies cannot be appealed to state authorities.

12. State and Church - 12.1 Public Law Religious Communities

1. Membership in a church is governed by its constitution. The right to withdraw from a church through a written declaration is guaranteed.

12. State and Church - 12.2 Other Religious Communities

1. The remaining religious communities are subject to civil law. They may be recognized as public law corporations by the Cantonal Council if their constitution does not contradict cantonal and federal law.

13. Amendment of the Constitution

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

2. Constitutional revisions are carried out through the legislative process.

13. Amendment of the Constitution

1. A partial revision may include a single provision or several substantively related provisions.

13. Amendment of the Constitution

1. The Cantonal Council reviews at intervals of every 20 years after the enactment of this constitution whether a total revision should be initiated.

2. The question of whether a total revision should be conducted is to be submitted to the electorate. They further decide whether the Cantonal Council or a Constitutional Council should prepare the revision.

14. Final and Transitional Provisions

1. Existing civic communities shall be considered dissolved without further action if they are not transformed into public law corporations by the resolution of their members within five years of the entry into force of this Constitution.

2. Upon the dissolution of the civic community, the municipal community shall fully assume its rights and obligations.

14. Final and Transitional Provisions

1. In municipalities where the ecclesiastical buildings are owned by the local municipality, arrangements must be made within a period of five years from the enactment of this constitution to secure the existing rights of joint use, as well as to establish an agreement regarding the use and maintenance.

14. Final and Transitional Provisions

1. The incompatibilities created by the partial revision of the constitution of June 13, 2010, are to be resolved by the end of the current term of office.

2. The members of the Administrative Court elected for the current term of office become members of the Higher Court at the time of the entry into force of the partial revision of the constitution of June 13, 2010, until the end of the term of office.

3. The mediators elected by the voters of the municipalities shall handle the mediation requests received by them until December 31, 2010, until the end of the current term of office.

14. Final and Transitional Provisions

1. This Constitution shall enter into force on May 1, 1996, following its approval by the Federal Assembly.

2. As of this date, the Constitution for the Canton of Appenzell Ausserrhoden of April 26, 1908, shall be repealed.

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