General Provisions

1. The Canton of Basel-Landschaft is an autonomous canton of the Swiss Confederation.

2. It actively participates in shaping the Confederation and supports the Confederation in fulfilling its duties.

3. Its authorities work towards it becoming a full canton with a complete cantonal vote and with two members in the Council of States.

1. The state authority is based on the entirety of the people.

2. It is exercised by the voting citizens and by the authorities.

1. The authorities of the Canton of Basel-Landschaft aim to strengthen cooperation in the region and Northwestern Switzerland. They collaborate with authorities from other cantons—particularly the cantons of Basel-Stadt, Aargau, Solothurn, and Jura—municipalities in the region, and neighboring foreign countries to fulfill common or regional tasks.

2. The authorities of the Canton of Basel-Landschaft endeavor to conclude agreements with authorities from within the country and abroad, the region, and particularly Northwestern Switzerland, to jointly create institutions, organize mutual cost-sharing, and harmonize legislation.

3. The authorities of the Canton of Basel-Landschaft strive to secure federal support for projects that are of regional, cantonal, and cross-border interest.

4. Regulations for effective cooperation among authorities are to be established. For this purpose, the Government Council may take suitable measures, possibly in conjunction with the authorities of affected cantons and local authorities, and specifically commission studies intended to simulate the cooperation mandate according to paragraphs 1 to 3.

5. Democratic participatory rights are to be ensured.

1. All authorities are bound by the constitution and the law.

2. Their actions must be in the public interest and proportionate.

3. Authorities and private individuals shall conduct themselves in good faith.

1. The dignity of the human person is inviolable.

2. To respect it is the duty of all, and to protect it is the foremost task of state authority.

1. The State Protects Freedom Rights.

2. The following are guaranteed in particular

a. the right to life, physical and mental integrity, and freedom of movement,

b. freedom of belief and conscience,

c. freedom of information, opinion, and the press,

d. freedom of association, assembly, and demonstration,

e. freedom of scientific teaching and research, as well as artistic activity,

f. protection of privacy, the secrecy of correspondence and telecommunications, and the home,

g. protection against data misuse,

h. the right to marriage and family,

i. freedom of establishment,

k. the right to free choice and exercise of a profession and to free economic activity.

3. Property and proprietary rights are protected. The canton and municipalities promote the establishment of private property for self-use.

1. All persons are equal before the law.

2. In particular, no one shall be disadvantaged or favored because of his or her gender, descent, origin, race, social status, ideological, political, or religious beliefs.

1. Woman and man have equal rights. The canton and municipalities shall ensure their equality.

2. All personal rights and obligations, as well as popular rights enshrined in this constitution, apply equally to women and men.

1. Everyone has the right to legal protection. For those of limited means, legal protection is free of charge.

2. The Canton and municipalities promote legal knowledge and ensure the provision of free legal advice.

3. The parties are entitled in all cases to a fair hearing, fair treatment, and a reasoned decision accompanied by an instruction on legal remedies within a reasonable time.

4. Anyone deprived of their freedom of movement is entitled

a. to be informed promptly and understandably of the reasons for this measure and of their rights,

b. to legal representation before a legally designated authority within the period specified by law from the time of arrest,

c. to a review of the deprivation of liberty by a court.

1. Every person may, without disadvantage, address petitions and other submissions to the authorities. They shall respond within a reasonable time.

2. Every person may approach the Ombudsperson.

1. Retroactive effect of decrees is inadmissible if it extends excessively into the past or results in a disproportionate burden.

1. Acts subject to a referendum shall come into force at the earliest on the day after the referendum.

2. All other acts shall generally come into force at the earliest eight days after proper publication.

1. The Canton and municipalities are liable for the damage unlawfully caused by their officials.

2. They are also liable for the damage lawfully caused by their officials if individuals are disproportionately severely affected and therefore cannot be reasonably expected to bear the damage themselves.

3. In the case of unjustified, severe restriction of personal freedom, there is an entitlement to compensation and satisfaction.

4. Expropriations and significant restrictions on property are compensated to the extent of the restriction.

1. Fundamental rights must be respected throughout the entire legal order.

2. Anyone exercising fundamental rights must respect the fundamental rights of others.

3. No one may impair fundamental rights through the abuse of their position of power.

1. Fundamental rights may only be restricted if and to the extent that an overriding public interest justifies it. Their core is inviolable.

2. Restrictions on fundamental rights require a legal basis; severe restrictions must be explicitly provided for by law. Exceptions remain in cases of serious, immediate, and obvious danger.

3. Fundamental rights of persons who are in a particular dependent relationship with the state may be further restricted only to the extent that the specific public interest underlying this relationship requires it.

4. Arrests, searches, and seizures may only be carried out in the cases and forms provided by law. Torture and other inhuman treatments are prohibited in all circumstances.

1. Everyone is entitled to assistance and care in emergencies and to the means necessary for a life in dignity.

2. The canton and municipalities protect, in particular, people who require assistance due to their age, health, or economic or social circumstances.

1. The canton and municipalities endeavor within the scope of their responsibilities and available resources, as well as in complement to personal responsibility and initiative, to ensure that

a. everyone can educate and further educate themselves according to their abilities and inclinations and participate in cultural life,

b. everyone can earn a living through work under reasonable conditions,

c. everyone receives equal pay for equal work and has the benefit of paid vacations and adequate recreational opportunities,

d. everyone can find appropriate housing under affordable conditions and is protected from abuse as a tenant.

1. Acquisition and Loss of Cantonal and Municipal Citizenship are Governed by Law.

1. The law may, within the scope of federal law, grant a right to naturalization.

2. Naturalization may not be hindered by disproportionate requirements.

1. Everyone has the duties to fulfill that are imposed on them by the legal order of the Confederation, the canton, and the municipality.

1. The right to vote is guaranteed.

2. Eligible to vote is anyone who possesses Swiss citizenship, has reached the age of 18, has a political domicile in the canton of Basel-Landschaft, and is not placed under guardianship due to mental illness or mental deficiency.

3. The voting rights of Swiss citizens abroad and the right to vote in the municipal communities are governed by law.

1. Eligible voters have the right

a. to participate in the votes of the canton and the local community,

b. to submit nominations, to participate in elections, and to be elected to public offices,

c. to initiate and sign petitions.

2. Every eligible voter is entitled to a process in which the free will of the entire electorate can be reliably and authentically expressed during elections and votes.

1. The right to vote is exercised at the place of residence. Exceptions are determined by law.

2. Whoever possesses Swiss citizenship acquires the right to vote on matters of the canton and the municipality upon establishing domicile.

3. In elections and referenda at the polls, the secrecy of the ballot must be maintained.

4. The canton and municipalities ensure that the right to vote can be exercised without unreasonable effort.

1. The people elect the members of the National Council and the Council of States from Basel-Landschaft at the polls.

2. The members of both councils are elected for the same term of office.

1. The people elect at the polls

a. the cantonal parliament,

b. the executive council,

c. * ...

d. * the justices of the peace.

2. The law may provide for additional popular elections.

1. The people elect at the ballot box

a. the residents' council or the municipal commission,

b. the municipal council,

c. the mayor.

2. Laws and municipal regulations may provide for additional elections at the ballot box or by the municipal assembly.

3. Municipalities may stipulate in their regulations that members of their authorities are not eligible for re-election for the next term after serving a specified term of office.

1. The District Administrator and the Municipal Councillors are elected by proportional representation.

2. For all other authorities, the majority voting system applies, unless the municipal code prescribes the proportional representation system.

1. 1500 eligible voters may submit a formulated or non-formulated request for the enactment, amendment, or repeal of constitutional and statutory provisions.

1bis. The deadline for submitting signatures is 2 years.

2. The formulated request contains a detailed proposal. It is explicitly submitted as a constitutional or legislative initiative.

3. With the non-formulated request, the Landrat is requested to draft a bill in the sense of the request.

4. The request for a total revision of the constitution may neither contain guidelines nor a draft.

5. The right of eligible voters to submit initiative requests in the municipalities is governed by the provisions of the law and the municipal regulations.

1. The District Council declares initiatives that are impossible or manifestly unlawful to be invalid.

2. Formulated initiatives are presented to the people for a vote unchanged in form and content within 18 months.

3. Unformulated initiatives are presented to the people for a vote within 2 years if the District Council rejects them in substance. If the people or the District Council decide to comply with the initiative, the District Council shall prepare a corresponding draft within 2 years. It determines the level of the constitution or the law.

3a. The law regulates the exceptions and consequences of deadlines missed in the handling of initiatives.

4. The District Council may oppose any initiative with a counter-proposal.

1. The mandatory referendum shall apply to

a. Constitutional amendments and state treaties that amend the constitution;

b. * Laws and state treaties with essential legal content, as well as proposals based on withdrawn non-formulated initiatives that the regional council approves with less than 4/5 of the members present, or that the council subjects to a mandatory referendum through a separate resolution;

c. * Formulated initiatives and counterproposals presented simultaneously;

d. * Non-formulated initiatives rejected by the regional council, counterproposals presented simultaneously, and proposals based on non-formulated initiatives;

e. Resolutions of the municipal assembly and the residents' council pursuant to the provisions of the law and municipal regulations.

1. Upon the request of 1500 eligible voters, the following shall be submitted to a referendum

a. binding planning decisions of the Cantonal Council of fundamental importance, which are subject to optional referendums according to the constitution or law,

b. * Decisions of the Cantonal Council regarding new one-time expenditures exceeding CHF 1 million or new annually recurring expenditures exceeding CHF 200,000;

c. * Laws and state treaties with content equivalent to a law, as well as proposals based on withdrawn non-formulated initiatives not subject to mandatory referendums;

d. * As an exception to § 63 Paragraph 3, the determination of the cantonal income tax rate for the following tax year, decided by decree, at a value other than 100% of the normal state tax on the income of natural persons.

2. The request must be made within eight weeks of publication.

3. Decisions of the municipal assembly and the municipal council are subject to an optional referendum according to the provisions of the law and the municipal ordinance.

1. In the enactment of constitutional and legislative provisions as well as in planning decisions, referendums on fundamental issues may be conducted. In this context, the presentation of alternatives is permissible.

2. The authorities are bound by the results of fundamental referendums when drafting proposals.

3. When presenting enactments or decisions, in addition to voting on the entirety, a vote on individual provisions can also be conducted.

1. The law regulates the procedure for multiple voting, particularly in the case of simultaneous voting on popular initiatives and counterproposals, as well as in principle votes with variants.

2. The following guidelines are to be observed

a. The procedure should be simple and understandable, and should prevent abuses.

b. With the act of voting, the eligible voter should be able to express which of the various proposals they prefer.

3. A proposal requires a majority of valid votes for its adoption.

1. During the preparation of decrees and decisions by the district council, the public shall be informed in a timely manner. The affected parties shall be heard in an appropriate form. Everyone may submit proposals.

2. For proposals that are subject to a public referendum, political parties and interested organizations shall be invited to provide their feedback.

3. The governing council shall ensure the balanced information of eligible voters.

1. Political parties and organizations participate in the formation of public opinion and the will of the people.

2. The canton supports political parties in fulfilling this task, provided that their structure conforms to democratic principles, they demonstrate regular and comprehensive activity in a significant part of the canton, and they publicly account for the origin and use of their funds.

1. The authority to enact fundamental and significant provisions may not be delegated by the legislator to other bodies.

2. By law, the district administrator, or in exceptional cases, the government council may be authorized to make final decisions on new expenditures.

1. Every eligible voter may file a complaint with the Constitutional Court due to a violation of voting rights.

2. In particular, the following can be contested

a. the violation of voting rights,

b. the inadequate preparation and execution of elections and referendums,

c. the disregard of citizen initiatives by the district council,

d. the unauthorized transfer of the people's powers to other bodies.

1. The Act contains detailed provisions regarding the content and exercise of popular rights as well as on political parties.

1. The Canton of Basel-Landschaft encompasses the territory granted to it by the Swiss Confederation.

2. A referendum is required for changes in the composition of the cantonal territory.

3. Boundary adjustments require the approval of the Landrat (Cantonal Parliament).

1. The capital of the canton of Basel-Landschaft is Liestal.

2. The Cantonal Council, the Government Council, and the Cantonal Court are seated in Liestal.

1. Districts are administrative units for the regionalized fulfillment of public duties.

2. The canton is divided into the districts of Arlesheim, Laufen, Liestal, Sissach, and Waldenburg.

3. The law regulates the affiliation of municipalities to the districts. Municipalities may only be assigned to another district with their consent.

1. The canton is divided into two civil court districts.

2. The law regulates the allocation of the canton's territory to the two civil court districts.

1. Cantonal elections and referendums are conducted in electoral districts within the boundaries of the districts.

2. ...

3. The law regulates the duties, composition, and organization of the electoral districts.

1. Municipalities are autonomous bodies under public law.

2. The residential municipalities fulfill tasks of local significance, insofar as these do not fall under the jurisdiction of other organizations, and the responsibilities assigned to them by the canton.

3. The citizen municipalities confer citizenship rights, promote cultural life, manage citizen assets, and administer their forests. They cooperate with the residential municipalities.

4. Where no citizen municipality exists, the residential municipality confers citizenship rights.

1. Municipalities are authorized within the framework of the constitution and the law to self-organize, elect or appoint their officials as well as employees, perform their duties at their own discretion, and independently manage their public affairs.

2. All cantonal authorities respect and protect the autonomy of the municipalities.

3. The government council exercises supervision over the municipalities.

1. For the merger or division of municipalities, the approval determined by a public vote of the affected municipalities or the affected parts of the municipalities, as well as regulation by law, are required.

1bis. For boundary changes, the approval determined by a public vote of the affected municipalities and the approval of the Cantonal Council are required.

2. For boundary adjustments between municipalities, the approval of the Executive Council is required.

3. A civic community may merge with the municipality if both decide to do so by public vote. The decision of the civic community requires a two-thirds majority of the voters.

4. If no civic community exists, such a community can be established by a public vote if the municipality and two-thirds of the citizens participating in the vote decide to do so.

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

2. In the regular municipal organization, popular rights are exercised at the ballot box and in the municipal assembly; in the extraordinary municipal organization, at the ballot box and by the municipal council.

3. The municipal council is the supreme executive authority. It leads the administration.

1. The legislators assign the tasks to the municipalities according to the principle of the primacy of the municipality (subsidiarity). They account for the principle, as far as possible, that the responsibility for a task and the necessary financial resources lie with the same community entity (fiscal equivalence).

2. They grant the municipalities the greatest possible regulatory and execution freedom (municipal autonomy) and can provide for different regulations for them (variability).

3. They can provide that cantonal execution tasks are transferred to the municipalities or municipal associations upon their request.

1. The municipalities strive for cooperation. The canton supports them in this endeavor.

2. The aim of the cooperation is to fulfill tasks more effectively.

3. The law

a. * may require municipalities to perform certain tasks jointly;

b. * regulates the forms of cooperation and the participatory rights of eligible voters.

4. ...

1. Five municipalities may make a request

a. for the enactment, amendment, or repeal of constitutional or legal provisions,

b. for the conduct of an optional referendum.

2. The conditions and procedure shall be governed by the provisions concerning popular initiatives.

3. The affected municipalities shall be consulted in a timely manner during the preparation of enactments and resolutions by the cantonal council and the government council.

1. Members of the cantonal authorities are determined by election for a term of office.

2. Employees of the canton are generally employed by means of a public-law contract, unless the constitution or law provides for election for a term of office.

1. Eligibility to vote is required for the election to the cantonal council, the executive council, and the courts.

2. The law may determine eligibility to vote as a requirement for other offices.

3. It may demand additional requirements for the election or employment.

1. Members of the Cantonal Council and the Cantonal Executive Council, the Ombudsperson, judges, and court clerks of the Cantonal Court may belong to only one of these authorities.

2. Judges and court clerks of the first-instance courts, members of authorities of independent cantonal enterprises, as well as senior employees of the state administration may not belong to the Cantonal Council.

3. Further details are determined by law. It may establish additional incompatibilities for other authorities.

1. The following individuals may not simultaneously be members of all authorities, except for the district council

a. Parents and their children,

b. Siblings,

c. Spouses,

d. Grandparents and their grandchildren,

e. Sisters-in-law and brothers-in-law,

f. Parents-in-law and children-in-law,

g. Registered partners,

h. Persons in a registered partnership and siblings of the partner of these persons,

i. Parents of persons in a registered partnership and the partner of these persons,

k. Persons in a registered partnership and children of the partner of these persons.

1. The term of office for the authority members as well as the elected employees is four years.

1. Anyone who has continuously served as a member of the Landrat for four consecutive terms is not eligible for election to the immediately following term.

2. Partial terms are considered equivalent to full terms.

1. The proceedings of the district council and the courts are public. Exceptions are determined by the law.

1. The authorities inform the public about their activities.

2. Every person has the right to access the information available with the authorities.

3. The specifics are regulated by law, particularly the protection of public and private interests.

1. Official language is German.

2. All authorities and offices of the canton and municipalities also accept submissions in another official language of the Confederation.

1. Members of authorities as well as employees shall recuse themselves from matters that directly affect them.

2. The obligation to recuse oneself applies to preparation, deliberation, and decision-making.

1. Members of authorities pledge to observe the Constitution and law upon assuming office.

1. The law regulates the liability of the members of authorities as well as the employees towards the canton and municipalities.

2. Members of the Landrat cannot be legally held accountable for statements made in the Landrat and in its committees. However, the Landrat is authorized to lift immunity, with a two-thirds majority of the members present, if such immunity is evidently abused.

1. The Cantonal Council is the legislative authority of the canton. It exercises oversight over all authorities and bodies that perform cantonal tasks.

2. It consists of 90 members.

1. The members of the County Council deliberate and vote without instructions.

2. They must disclose their commitments to interest organizations.

1. The County Council enacts all fundamental and important provisions in the form of laws.

2. Laws are deliberated twice.

3. The County Council may issue implementing provisions in the form of decrees, insofar as a law expressly authorizes it. Decrees are not subject to a referendum.

4. Laws whose entry into force cannot be delayed can, exceptionally, be put into immediate effect if the County Council decides so with a two-thirds majority of the members present. The referendum takes place within six months of the entry into force.

1. The District Council approves

a. State treaties that are subject to a public referendum,

b. all other state treaties, unless the Executive Council is authorized by law to conclude them definitively.

2. If state treaties require constitutional or legislative amendments, the District Council makes these amendments simultaneously with the approval.

3. It may establish committees to provide advisory support to the Executive Council during negotiations for important state treaties that require its approval.

1. **The District Council Approves Basic Plans of State Activities, Particularly the Multi-Year Task and Financial Plan. It Issues the Cantonal Master Plans.**

The district council approves the basic plans of state activities, particularly the multi-year task and financial plan. It issues the cantonal master plans.

2. **The Granted Approval Binds the District Council and All Addressed Authorities. Deviations from the Plan Require a Plan Amendment.**

The granted approval binds the district council and all addressed authorities. Deviations from the plan require a plan amendment.

3. **The District Council Takes Note of the Government Program.**

The district council takes note of the government program.

1. The District Council

a. * approves the budget as the first year of the performance and financial plan;

b. * decides on new one-time expenditures exceeding CHF 1 million, as well as on new annually recurring expenditures exceeding CHF 200,000;

c. * approves the annual financial statement.

1. The Cantonal Council

a. * approves the annual report of the Government Council on its activities, as well as the annual reports of the cantonal courts;

b. exercises the participatory rights granted to the cantons by the Federal Constitution;

c. resolves conflicts of jurisdiction, unless a court is responsible for that task;

d. regulates the salaries, pensions, and retirement benefits provided by the canton;

e. * elects the Government Presidency and Vice Presidency for one year, as well as the presidencies, vice presidencies, and other members of the cantonal courts, the cantonal secretary, and the ombudsperson for a term of office;

f. grants cantonal citizenship to foreigners;

g. exercises the right of pardon and the granting of amnesty.

2. Further responsibilities may be assigned to the Cantonal Council by law.

1. The district council elects a presidency and 2 vice presidencies from among its members for a term of one year.

1. The Landrat may appoint committees from among its members to prepare its deliberations.

2. By law, certain decision-making powers of the Landrat can be transferred to committees.

3. The members of the Landrat may form factions. Contributions can be allocated to factions as well as to groups that do not reach faction strength.

1. The law regulates the basic principles of the organization of the Cantonal Council and the interaction with the Government Council and the highest courts.

2. The rules of procedure of the Cantonal Council contain further provisions on organization and procedure.

1. The government council is the leading and highest executive authority of the canton.

2. It consists of five members.

1. Members of the Government Council may not engage in any paid private activity. In commercial enterprises, they may only act as representatives of the Canton.

2. Members of the Government Council may not simultaneously be members of the Federal Assembly.

1. The governing council determines the important objectives and means of state action. It plans and coordinates state activities.

2. At the beginning of each term of office, it prepares a government program and reports on its implementation at the end of the term.

3. It annually drafts the task and financial plan.

4. The powers of the eligible voters and the cantonal council remain reserved.

1. The Government Council submits drafts of constitutional amendments, laws, and decrees to the Cantonal Council.

2. It issues regulations based on and within the framework of the laws and state treaties, unless, by way of exception, the Cantonal Council is authorized by law to issue implementing provisions.

3. Furthermore, it may issue regulations to address disturbances to public order and safety or social emergencies that have occurred or are imminent. Such regulations must be immediately approved by the Cantonal Council. They shall lapse no later than one year after coming into force.

1. The Executive Council

a. * decides on new one-time expenditures up to CHF 1 million as well as new annually recurring expenditures up to CHF 200,000;

b. * decides on committed expenditures;

c. * acquires external funds within the scope of the task and financial plan;

d. * manages the financial assets;

e. * prepares the annual financial statement.

2. ...

3. ...

1. The Executive Council leads the cantonal administration. It supervises other entities carrying out public duties.

2. It ensures lawful and effective administrative activities and determines the appropriate organization within the framework of the Constitution and the law.

3. It decides on administrative appeals in accordance with the provisions of the law.

4. It denies the application of decrees if they contradict federal law, cantonal constitutional, or statutory law.

1. The Government Council

a. maintains public order and safety,

b. represents the canton internally and externally,

c. fosters relations with the authorities of the Confederation and other cantons,

d. concludes state treaties and administrative agreements within its jurisdiction definitively,

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

f. grants cantonal citizenship to Swiss nationals.

2. Further competencies may be conferred upon the Government Council by law.

1. The government council passes its resolutions as a collegial body.

2. The president of the government presides over the meetings. He directs the work and oversees governmental duties.

3. By law, certain decision-making powers of the government council can be transferred to the president of the government.

1. The cantonal administration consists of five directorates and the State Chancellery.

2. Each member of the Government Council heads a directorate.

3. The State Chancellery is available to the Cantonal Council and the Government Council as a general staff office. It is led by the State Secretary.

4. The law designates those administrative bodies in which all eligible voters are electable in a part-time capacity.

1. Independent administrative enterprises may be established by law.

2. The canton may participate in associations of public purpose as well as in public and mixed-economy institutions to fulfill its tasks.

3. It may delegate administrative tasks to independent administrative enterprises, municipalities, inter-cantonal and inter-municipal organizations, mixed-economy enterprises, as well as private law organizations.

4. The legal protection of citizens and the supervision by the Cantonal Council and the Council of State must be ensured in every case.

1. The Law Regulates

a. The fundamental aspects of the organization of the Executive Council and the cantonal administration,

b. The fundamental aspects of personnel law,

c. Administrative procedures and administrative legal protection.

2. Additional organizational and procedural provisions are contained in the Executive Council's rules of procedure and in regulations.

1. All courts are bound only by the law and are independent in their decisions.

2. They manage judicial administration. They may be authorized by law to issue implementing provisions.

3. The Cantonal Court represents the courts in dealings with other authorities.

1. Civil jurisdiction is exercised by

a. the Justices of the Peace,

b. * the Civil District Courts,

c. * the Cantonal Court.

2. The law may assign certain disputes to special courts.

3. Arbitration in property-related disputes is recognized. Arbitral awards can be appealed to cantonal courts in accordance with the law.

1. Criminal jurisdiction is exercised by

a. the Criminal Court,

b. the Juvenile Court,

c. the Coercive Measures Court,

d. the Cantonal Court.

2. Law enforcement authorities are the police, the public prosecutor's office, and the juvenile prosecutor's office.

3. The law regulates the authority of administrative offices and municipal authorities to impose fines.

1. Administrative Jurisdiction is exercised by

a. * the Tax and Expropriation Court,

b. * ...

c. * ...

d. * the Cantonal Court;

e. * the Coercive Measures Court.

2. The Cantonal Court decides on jurisdictional conflicts between administrative authorities and the Cantonal Court.

1. Constitutional jurisdiction is exercised by the Cantonal Court.

2. The Cantonal Court acts as the Constitutional Court in the following matters

a. Appeals concerning violations of constitutional rights, particularly fundamental rights and popular rights,

b. Jurisdictional disputes between the canton and municipalities or between municipalities,

c. Appeals concerning violations of municipal autonomy.

3. The following cannot be contested before the Constitutional Court

a. Constitutional provisions and laws, except in the case of their application,

b. Resolutions of the Cantonal Council and the Government Council designated as exceptions by federal law or statute,

c. The declaration of urgency of a law.

1. The law governs the basic principles of the organization, as well as the jurisdiction and procedures of the courts. The reliable and swift conduct of proceedings must be ensured.

2. A court can be divided into several chambers and deployed for multiple jurisdictions.

3. The cantonal court exercises supervision over the courts in the canton and reports to the legislative council annually.

4. The law regulates the requirements and jurisdiction for the election of extraordinary members of the courts.

1. The Ombudsperson oversees the legality and appropriateness of administrative actions in the canton and municipalities as well as judicial proceedings.

2. The Ombudsperson performs their duties independently. They are not bound by directives from other authorities.

3. Incompatibilities are regulated by law.

1. The Ombudsperson makes their opinion on the matters investigated known in an appropriate manner and primarily seeks an amicable resolution.

2. The Ombudsperson may raise objections, point out deficiencies in the current law, and make recommendations. They cannot amend or annul legal acts.

3. The Ombudsperson is authorized to inspect files and request all necessary information. They are subject to the same confidentiality obligations as the relevant authorities or staff members.

4. The Ombudsperson reports to the State Council at least annually.

1. The adoption of new cantonal responsibilities, whose fulfillment is not imposed on the canton by federal law, requires a constitutional amendment. This amendment must be presented to the public at the same time as the statutory implementing provisions.

1. The canton collaborates with the municipalities in fulfilling public duties.

1. Canton and municipalities ensure public order and safety.

1. The canton and municipalities take measures for disaster preparedness and to maintain essential state functions in emergencies.

1. The school, in conjunction with the parents, ensures education and upbringing that correspond to the aptitudes and abilities of the students. The curriculum is the same for male and female students.

2. The relationships between the school authorities, teachers, students, and parents are characterized by mutual respect for rights and personality.

3. The law regulates the participatory rights of parents, teachers, and students.

4. The entire school system is subject to the supervision of the canton.

1. Attendance at school is mandatory within the legally defined age limits.

2. Education at public schools is free of charge for residents of the canton. Exceptions are determined by law.

3. Attendance at public schools should be possible without impairment to freedom of belief and conscience.

4. The canton and municipalities promote the integration of disabled children into society through education tailored to their disabilities.

1. The law governs the sponsorship of public schools and other public institutions that serve education or vocational training.

2. The canton supports the municipalities in fulfilling their tasks in the school sector.

3. It may enter into agreements with other cantons and jointly operate schools and educational institutions.

1. The canton guarantees and supports vocational education and training.

2. It exercises oversight over the vocational education system and promotes the general education of apprentices.

3. The canton and municipalities promote adult education.

1. The canton makes an appropriate contribution to Swiss higher education and vocational schools as well as to scientific research.

2. It ensures access to Swiss higher education and vocational schools.

3. It participates in the University of Basel within the framework of the law.

1. Non-state schools are subject to the supervision of the canton.

2. The canton may support non-state schools both within and outside its territory.

1. School authorities ensure compensatory measures for children who are disadvantaged due to the location of their residence, disability, or social reasons.

2. The canton grants educational contributions and educational loans.

1. The canton and municipalities promote artistic and scientific creation as well as cultural endeavors and activities.

2. They strive to make knowledge and achievements in art and science accessible to everyone.

3. They may maintain cultural institutions and support efforts in organizing leisure activities.

1. The canton and municipalities promote the protection of nature and heritage and the preservation of monuments.

2. They protect landscapes and townscapes worthy of preservation, as well as natural monuments and cultural assets.

1. The canton and municipalities, in cooperation with private organizations, provide for people in need.

2. They are particularly committed to preventing social distress, eliminating its causes, and addressing its consequences. They promote self-help measures.

3. They can establish or support welfare and care facilities, as well as supplement the federal services for social security.

1. The canton enacts provisions regarding employment relationships and the protection of employees within the framework of federal law.

2. The canton and municipalities take measures to prevent unemployment and mitigate its consequences. They particularly ensure job placement services.

3. The canton takes and supports measures for vocational retraining.

4. It can mediate in disputes between social partners.

1. The canton and municipalities promote the professional and social integration of persons with disabilities in collaboration with organizations providing assistance to disabled individuals.

1. The canton and municipalities may grant rental relief.

2. The municipalities assist those searching for housing and care for the homeless.

3. The canton maintains a conciliation body for rental disputes.

1. The canton promotes residential construction, the acquisition of home ownership used by natural persons themselves, as well as the provision of housing by non-profit housing developers. In doing so, it follows the principle of economical land use through dense construction and promotes age-appropriate living.

2. For non-profit housing developers, it enacts regulations in particular for incentives for the construction or acquisition of affordable housing in the canton, as well as for the financing of residential renewal in the canton, particularly in the areas of energy conservation and environmental protection.

3. In particular, it enacts regulations on facilitation for the initial acquisition of self-used home ownership in the canton and facilitation for self-using homeowners whose other incomes and assets not invested in the property are in a permanent disproportion to the property maintenance costs and debt interest.

4. For self-used home ownership, it enacts regulations in particular for incentives to form bound savings reserves, which serve the initial remunerated acquisition of home ownership in the canton as well as the financing of energy-saving and environmental protection measures for existing home ownership in the canton.

5. It enacts regulations in particular on the moderate determination of imputed rental values.

1. The canton and municipalities protect family, parenthood, and motherhood.

2. They, in cooperation with private organizations, address the concerns of youth and the elderly.

1. The canton and municipalities promote, in collaboration with private organizations, the welfare and integration of foreigners.

1. The canton and municipalities assist travelers in finding parking spaces.

1. Everyone is primarily responsible for maintaining their own health.

2. Health insurance is mandatory within the framework determined by the law.

3. The canton establishes conditions for the medical care of the population and ensures public hygiene.

4. It monitors and coordinates the healthcare system.

1. The canton, in collaboration with the municipalities, neighboring cantons, and private entities, takes measures for the preservation and restoration of health as well as the care of those in need of permanent attention.

2. It operates medical institutions, supervises private clinics, and coordinates the hospital system.

3. The canton and municipalities, in cooperation with private entities, ensure the outpatient medical care of the population. The municipalities promote local home and nursing care.

4. The canton ensures the training of hospital personnel, participates in medical education, and regulates the practice of the medical professions.

5. The canton and municipalities promote general sports activities.

1. The canton and municipalities strive for a long-term balanced relationship between the forces of nature and their capacity for renewal on one hand, and their utilization by humans on the other.

2. They protect people and their natural environment from harmful and annoying effects.

3. In particular, the soil, air, and water are to be kept clean, the beauty and distinctiveness of the landscape preserved, the animal and plant life protected with sufficient habitats, and noise reduced.

4. The canton promotes the application of environmentally friendly technologies.

1. The canton and municipalities ensure the environmentally appropriate disposal of wastewater and waste. The polluter is co-responsible.

2. Waste shall be recycled wherever possible and reasonable.

1. The canton is responsible for the provision of drinking and utility water to ensure the regional water supply. It may delegate this task to third parties.

2. The municipalities are responsible for the water supply in their area. They are particularly accountable for the distribution of water.

1. The canton and municipalities promote a secure, economically optimal, and environmentally sustainable energy supply, as well as its economical and efficient use.

2. The canton shall issue a plan containing the principles of cantonal energy policy. It shall ensure that no nuclear power plants based on the principle of nuclear fission, nuclear fuel processing facilities, or repositories for medium and high-level radioactive waste are constructed within the canton’s territory or its vicinity.

3. The canton and municipalities may participate in energy supply facilities and, if necessary, may construct and operate such facilities themselves.

1. The Canton and municipalities ensure the orderly settlement of the country, the appropriate use of land, and the preservation of recreational space.

2. The Canton issues structure plans that represent the planning objectives of the Canton or a region and coordinate the planning measures of the Canton and municipalities, as well as detailed plans for the realization of the planning objectives.

3. The municipalities issue zoning plans within the framework of the structure planning.

4. Significant advantages and disadvantages arising from planning shall be appropriately balanced within the framework of the law.

5. The total zoned area designated for agricultural and forestry use should be preserved.

1. The canton and municipalities take into account the opinions of the affected population groups when drafting the plans.

2. Master plans and detailed plans are developed in cooperation with the municipalities, neighboring cantons, and neighboring foreign countries. The municipalities also participate in the finalization process.

1. The canton establishes regulations regarding public property.

2. It exercises sovereignty over bodies of water and cantonal roads.

3. The canton may provide, by law, parking facilitation for commercially used vehicles, applicable to all municipal and cantonal roads; it regulates the imposition of fees.

1. The canton regulates construction activities as well as surveying and cadastre affairs.

2. It governs land readjustments and boundary settlements.

1. The canton and municipalities regulate traffic and road systems.

2. They ensure an environmentally appropriate and economically favorable traffic regulation.

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

1. The canton promotes, in collaboration with the municipalities, a balanced development of the economy. In particular, it aims to maintain a diverse economic structure and full employment.

2. The promotion measures must take into account the interests of small and medium-sized enterprises, agriculture, spatial planning, and environmental protection.

3. The canton aligns its economically significant activities with the objectives of cantonal economic and social policy.

4. The canton takes measures to keep regulatory density and administrative burdens for small and medium-sized enterprises (SMEs), particularly for micro and small enterprises, as low as possible. The specifics are regulated by law.

1. The canton and municipalities promote decentralized retail trade. In particular, limitations are to be imposed on the creation of new shopping centers and the expansion of existing ones.

1. The canton shall take measures to maintain an independent and healthy farming community as well as an efficient agriculture industry.

2. It shall promote and support in particular

a. agricultural education, advisory, and research services,

b. family and part-time farms,

c. the preservation of agricultural land ownership,

d. improvements in agricultural structure, land consolidation, and land improvement,

e. cooperation based on cooperative self-help,

f. the provision of credit and insurance systems.

1. The canton ensures the preservation of the forest in its area and spatial distribution. It ensures that the forest can fulfill its functions permanently.

2. The canton, together with the local municipalities, supports forestry. They ensure that forest management takes the common good into account.

3. The local municipalities exercise supervision over the forest within the scope of their territorial authority.

1. Canton and municipalities enact regulations for the orderly exercise of economic activities.

1. The canton holds the salt monopoly, mining rights, and the disposition rights over groundwater, while municipalities hold the hunting and fishing rights. Existing private rights remain reserved.

2. The monopolies confer the exclusive right to engage in and economically exploit these resources.

3. The canton and municipalities can exercise these rights themselves or transfer them to third parties.

1. The canton maintains a cantonal bank that serves, in particular, the purposes of funding and promoting economic and social development.

1. The Canton Maintains Rhine Ports. The law defines the port area and its utilization.

1. Buildings, land, and crops must be insured against damages within the scope specified by law at an institution of the canton.

2. The canton may, through legislation, declare additional property insurance mandatory.

1. The financial budget shall be managed prudently, economically, and in accordance with economic conditions.

1bis. The income statement must be balanced in the medium term.

1ter. If the equity capital falls below the amount specified in the law, the deficit must be eliminated in the medium term.

2. The canton and municipalities shall ensure financial planning that is aligned with public duties.

3. All tasks and expenditures must be examined for their necessity and appropriateness, as well as their financial impact and feasibility, before the corresponding resolution is passed and subsequently on a periodic basis.

1. Cantons, municipalities, and syndicates levy the taxes necessary for the fulfillment of their duties.

2. Their expenses are further covered by

a. Income from assets;

b. Contributions and shares of revenue from the Confederation and other public corporations, enterprises, and institutions;

c. Any other possible income;

d. Bonds and loans.

3. Syndicates do not levy taxes.

1. The canton levies

a. income and wealth taxes on natural persons;

b. profit and capital taxes on legal persons;

c. real estate capital gains taxes;

d. property transfer taxes;

e. inheritance and gift taxes;

f. church taxes on legal persons;

g. motor vehicle taxes;

h. * levies on gaming machines, gaming halls, and casinos;

i. * guest taxes;

j. * levies for the disposal of waste at landfill sites.

2. The introduction of new cantonal taxes requires a constitutional amendment. This amendment must be presented to the public simultaneously with the statutory implementing provisions.

1. The municipalities levy

a. Income and wealth taxes from natural persons,

b. Profit and capital taxes from legal entities.

2. They levy these taxes according to cantonal law. They set the tax rate within a legally limited framework.

3. Additional municipal taxes require a basis in cantonal legislation.

1. In the formulation of taxes, attention must be paid to

a. the principles of universality, solidarity, and economic capacity,

b. the preservation of individual incentive to perform,

c. the limits of the guarantee of property and the overall burden on taxpayers with contributions,

d. the effects on economic processes and competitive conditions,

e. the possibility of tax evasion and the reduction of the tax base,

f. the equal treatment of legal entities, irrespective of their legal form, subject to statutory tax exemptions in special cases.

2. Particularly favored for tax purposes should be

a. the family and persons with support obligations,

b. self-provision, notably the formation of an appropriate level of assets,

c. owner-occupied residential property.

3. Tax evasion and tax fraud are to be combated with effective sanctions.

1. The tax law shall be designed to be simple, easy to understand, and comprehensible. Completing the tax return should require minimal time and its verification should demand little effort of control.

2. The cantonal authorities shall advocate for a simplification of federal legislation in accordance with paragraph 1.

1. The Canton ensures financial equalization.

2. Through financial equalization, balanced conditions in tax burden as well as in the services of municipalities shall be achieved.

1. The law governs the fundamental aspects of the financial budget, tax collection, and financial equalization. It determines the municipalities' shares in the revenue from cantonal taxes.

1. The Evangelical Reformed, Roman Catholic, and Christian Catholic Churches are recognized as state churches.

2. They are public law corporations with their own legal personality.

3. Other religious communities can obtain cantonal recognition. The law regulates the conditions, content, and procedure.

1. The regional churches independently regulate their affairs within the framework of the constitution and the law.

2. The issuance and amendment of church constitutions require the approval of the majority of voting church members and are subject to the approval of the Council of Government. This approval is granted unless federal law or cantonal law opposes it.

1. Canton residents belong to the state church of their denomination if they fulfill the requirements specified in the church constitution.

2. Withdrawal can occur at any time by written declaration.

3. The church constitution governs the rights to vote and to stand for election within the state church and church communities.

1. The regional churches are divided into parishes according to the provisions of their church constitution.

2. Parishes are public law corporations with their own legal personality.

3. The church constitutions determine the status and organization of the parishes. They regulate the procedure in cases of merger and division.

1. The church congregations levy church taxes from members of their denomination for the fulfillment of their duties according to the provisions of the law and the church constitution. The regional churches regulate the financial equalization among their congregations.

2. The revenue from the cantonal church taxes levied on legal entities is distributed to the regional churches according to the number of their church members.

3. The canton provides contributions to the regional churches in accordance with the law.

1. The regional churches establish an instance for the assessment of disputed legal relations and decrees. This instance can be addressed by church members and church congregations.

2. The regional churches may permit or prescribe the establishment of a preliminary instance for the church congregations.

3. Decrees and final decisions of the regional churches can be challenged by church members and church congregations before the administrative court.

4. The administrative court reviews the conformity of the challenged act with federal law, cantonal law, and, if provided for by the church constitution, with regional church law.

1. The Roman Catholic population of the canton belongs to the Diocese of Basel. The relationship between the canton and the diocese is governed by the agreements of the diocesan cantons with the Papal Curia.

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

2. Unless otherwise specified in the following provisions of the constitution, constitutional revisions are to be carried out according to the provisions concerning popular rights through the legislative process.

**1. In every case, the people shall decide whether a comprehensive revision is to be undertaken.**

**2. The comprehensive revision shall be carried out by a constitutional council elected by the people according to the provisions governing elections to the cantonal council. The regulations concerning incompatibility and term of office shall not apply.**

**3. The completely revised constitution may be presented as a whole or in parts, either simultaneously or staggered over time.**

**4. If a draft is rejected by the people, the constitutional council must submit a second draft. If this is also rejected, the comprehensive revision is considered to have failed.**

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

2. If the Cantonal Council decides on a partial revision or approves a public or municipal petition for partial revision, it may submit this decision to the people for a vote.

1. This Constitution shall enter into force on the following January 1st after acceptance by the people and confirmation by the Federal Assembly.

1. The Constitution of the Canton of Basel-Landschaft of April 4, 1892 is repealed.

2. Provisions that are in substantive contradiction with the present Constitution shall be rendered null and void.

1. Provisions that have come into effect through a procedure no longer permissible under this Constitution shall remain in force.

2. The procedure for amending such provisions is governed by this Constitution. In particular, provisions that now require the form of a law can only be amended through the legislative process.

1. If new law is to be enacted, it must be done without delay.

1. If a request for a referendum is submitted under the old law, the period shall be eight weeks, even if it began to run before the new constitution came into effect.

1. Until the enactment of statutory provisions, the following regulation applies

a. Municipal requests pursuant to § 49 paragraph 1 shall be made by the municipal assembly or the municipal council. These resolutions are not subject to a referendum.

b. The right of municipalities to be heard pursuant to § 49 paragraph 3 is exercised by the municipal council.

1. Authorities and officials shall remain in office under the previous law until the end of their term of office.

2. The provisions of this constitution apply to new elections and replacement elections.

3. Authorities newly established by the constitution shall be elected without delay.

1. Until the statutory provisions concerning constitutional jurisdiction come into force, the law on legal proceedings in administrative and social security matters shall apply mutatis mutandis to the procedure.

1. Provisions Regarding the Fulfillment of Public Tasks

Provisions regarding the fulfillment of public tasks that lack a constitutional basis pursuant to § 90 shall remain in force until they are amended.

1. Should the Canton of Basel-Landschaft incur expenses from the division of assets with the Canton of Bern concerning the Laufental, these expenses shall be deemed as finally approved.

1. The term of office for the following agency members for the period 2010-2014 ends on December 31, 2010

a. Heads of the Regional Administrative Offices;

b. Head of the Special Investigative Magistrate's Office.

1. The Term of Office 2010-2014 for the Presidency and the other members of the Court of Criminal Procedure ends once all appeal procedures pursuant to Article 453 paragraph 1 of the Swiss Code of Criminal Procedure have been concluded. Thereafter, the Cantonal Court, Criminal Division, shall succeed the Court of Criminal Procedure, unless federal law stipulates a different jurisdiction.