Legislator Case Law & Legislation
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Constitution of the Canton of Zurich, (2005)

146 Articles / Provisions · Switzerland · Federal Legislation (SR / Fedlex)
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Table of Provisions (146)

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Statutory Text (146 Articles)

2005; Chapitre premier: Fondements; Canton de Zurich

The Canton of Zurich is a sovereign state, a member of the Swiss Confederation.

It is founded on the individual and collective responsibility of its inhabitants.

State power belongs to the people. It is exercised by the citizens and the authorities.

The Canton recognizes the autonomy of the municipalities.

2005; Chapitre premier: Fondements; Principes de l’État de droit

The law is the foundation and limit of the activity of the State.

The activity of the State must serve a public interest and be proportionate to the intended objective.

Authorities and individuals must act in accordance with the rules of good faith.

2005; Chapitre premier: Fondements; Séparation des pouvoirs

The structure of the state and the exercise of state power are based on the principle of the separation of powers. No one is entitled to exercise state power in an uncontrolled or unlimited manner.

2005; Chapitre premier: Fondements; Collaboration

The State cooperates with municipalities, with other cantons and with the Confederation, as well as with foreign entities, to the extent that its competencies allow.

2005; Chapitre premier: Fondements; Subsidiarité

Every person is responsible for themselves and contributes according to their abilities to the fulfillment of the tasks of the State and society.

The State and the municipalities welcome initiatives taken by individuals or organizations in the common interest. They encourage assistance for individual self-reliance.

They assume public interest tasks that are not adequately fulfilled by private individuals.

2005; Chapitre premier: Fondements; Développement durable

The state and the municipalities ensure the conservation of natural resources. Aware of their responsibility towards future generations, they ensure sustainable development in ecological, economic, and social terms.

2005; Chapitre premier: Fondements; Dialogue

The State and the municipalities create conducive conditions for dialogue between cultures, philosophical beliefs, and religions.

2005; Chapitre premier: Fondements; Innovation

The state and the municipalities create general conditions conducive to economic, cultural, social, and ecological innovation.

2005; Chapitre 2: Droits fondamentaux; Protection de la dignité humaine

Human dignity is inviolable.

2005; Chapitre 2: Droits fondamentaux; Garantie des droits fonda-mentaux

Human rights and fundamental rights are guaranteed by the Federal Constitution, by international instruments to which Switzerland is bound, as well as by the Cantonal Constitution.

The provisions of the Federal Constitution relating to the realization and restriction of fundamental rights also apply to the fundamental rights guaranteed by cantonal law.

2005; Chapitre 2: Droits fondamentaux; Égalité

All human beings are equal before the law.

No one shall be subjected to discrimination, particularly on account of their origin, race, gender, age, genetic characteristics, language, sexual orientation, social status, lifestyle, or their religious, philosophical, or political beliefs, nor due to a physical, mental, or psychological disability.

Men and women are equal in rights. They must have access to education and public service under the same conditions, and they can claim the same training and equal pay for work of equal value. The State and municipalities promote the implementation of the principle of equality between men and women in all areas.

Disabled persons have the right to access services as well as public facilities, sites, and buildings. Necessary measures for this purpose must be reasonably justifiable from an economic perspective.

Measures to assist disadvantaged individuals may be taken in order to concretize the principle of equality.

2005; Chapitre 2: Droits fondamentaux; Langage des signes

The freedom of language includes the use of sign language.

2005; Chapitre 2: Droits fondamentaux; Formes de vie commune

Every person has the right to freely choose the form of communal life that suits them. In addition to marriage, the State may also recognize other forms of partnership.

2005; Chapitre 2: Droits fondamentaux; Droit à la formation

The right to education is guaranteed.

The conditions for access to educational institutions must be equal for all.

2005; Chapitre 2: Droits fondamentaux; Liberté de l’enseignement

The right to establish, organize, or attend a private educational institution is guaranteed.

2005; Chapitre 2: Droits fondamentaux; Droit de pétition

The authorities are obligated to review the petitions they receive and respond to them within six months.

2005; Chapitre 2: Droits fondamentaux; Accès aux documents officiels

Every person has the right to access official documents, unless a prevailing public or private interest opposes such access.

2005; Chapitre 2: Droits fondamentaux; Garanties de procédure

Everyone has the right, in a judicial or administrative procedure, to have their case handled swiftly and at reasonable costs.

The parties are entitled to a reasoned decision that includes the available means of appeal.

2005; Chapitre 3: Buts sociaux; Buts sociaux

The social objectives of the State and the municipalities are those defined in the Federal Constitution.

The State and the municipalities also ensure: a. the prevention of situations of distress for the parents of an unborn or newborn child; b. the creation of necessary conditions for childcare within and outside the family; c. the enablement of elderly people to lead an independent life to the best of their ability and participate in societal developments.

The State and the municipalities strive to achieve the social objectives within the limits of their competencies and available resources.

No subjective right to state benefits can be directly derived from the social objectives.

2005; Chapitre 4: Droit de cité; Conditions

Cantonal citizenship is based on municipal citizenship.

Within the limits of federal legislation, the legislator defines exhaustively the conditions under which municipal and cantonal citizenship can be acquired and lost.

Persons wishing to acquire citizenship through the ordinary procedure must: a. have sufficient knowledge of the German language; b. be capable of supporting themselves and their family; c. have become familiar with our way of life; d. respect the Swiss legal order.

2005; Chapitre 4: Droit de cité; Compétence

The municipal regulation determines who, between the municipal assembly or a body elected by the electorate of the municipality, is competent to grant the municipal right of citizenship. Voting by ballot is excluded.

The decision-making competence regarding cantonal citizenship rights is governed by law.

2005; Chapitre 5: Droits populaires; A. Droit de vote; Droit de vote

All Swiss citizens residing in the canton who are 18 years old and possess federal political rights have the right to vote as well as other political rights provided at the cantonal and communal levels.

2005; Chapitre 5: Droits populaires; B. Initiative; Objet de l’initiative

The initiative allows at any time to demand: a. a total or partial revision of the Constitution (constitutional initiative); b. the adoption, modification, or repeal of a law (legislative initiative); c. the adoption, modification, or repeal of an order of the Grand Council subject to a referendum; d. the submission by the Canton of an initiative at the federal level; e. the opening of negotiations for the conclusion or revision of an intercantonal agreement or an international treaty subject to a referendum, or the termination of such an instrument.

2005; Chapitre 5: Droits populaires; B. Initiative; Auteurs de l’initiative

An initiative may be submitted by: a. 6000 citizens with the right to vote (popular initiative); b. one or more authorities (authority initiative); c. a citizen with the right to vote (individual initiative).

2005; Chapitre 5: Droits populaires; B. Initiative; Forme de l’initiative

An initiative can be submitted in the form of either a proposal conceived in general terms or a drafted proposal. An initiative requesting a total revision of the Cantonal Constitution can only be submitted in the form of a proposal conceived in general terms.

Initiatives must be given a title that does not mislead citizens.

If an initiative does not comply with the principle of unity of form, it is treated as a proposal conceived in general terms.

The Grand Council decides on the legal form in which initiatives conceived in general terms are to be realized.

2005; Chapitre 5: Droits populaires; B. Initiative; Examen préliminaire de l’initiative populaire

Before the collection of signatures begins, the authorities ensure that the formal requirements have been duly observed.

2005; Chapitre 5: Droits populaires; B. Initiative; Aboutissement de l’initiative populaire

A popular initiative is deemed to have succeeded if it is submitted with the required number of signatures within six months from the conclusion of the preliminary examination.

2005; Chapitre 5: Droits populaires; B. Initiative; Procédure

An initiative is validated if: a. it respects the principle of the unity of subject matter; b. it is not contrary to higher law; c. it is not manifestly unenforceable.

The Grand Council invalidates popular initiatives that do not meet these conditions. It may also invalidate them only partially or separate them.

The Grand Council decides by a two-thirds majority of its present members. Art. 29

A popular initiative must be submitted to a public vote within 30 months of its submission.

If, in the case of an initiative formulated in general terms, the Grand Council decides not to prepare a drafted project, the popular vote must take place within 18 months following the submission of the initiative.

2005; Chapitre 5: Droits populaires; B. Initiative; Contre-projet

The Grand Council has the option to submit a counter-proposal to the people's vote in response to an initiative or to the draft it has prepared in response to the initiative. The counter-proposal must have the same legal form as the main proposal.

If the Grand Council decides to present a counter-proposal, the popular vote must take place within 36 months following the submission of the initiative.

2005; Chapitre 5: Droits populaires; B. Initiative; Initiatives présentées par une autorité et initiatives individuelles; procédure

If 60 members of the Cantonal Council provisionally support an initiative presented by an authority or an individual initiative, the initiative is transmitted to the Council of State, which is called upon to give its opinion and propose a solution.

If an initiative does not obtain this provisional support or if the government's proposal does not secure a majority in the parliament, the initiative is considered as having failed.

2005; Chapitre 5: Droits populaires; C. Votations populaires; Référendum obligatoire

The following are subject to a vote by the people: a. amendments to the Constitution; b. intercantonal agreements and international treaties that, by their content, have the status of constitutional norms; c. popular initiatives submitted in the form of a drafted proposal that the Cantonal Council does not support; d. popular initiatives drafted in general terms that the Cantonal Council does not intend to implement; e. popular initiatives against which the Cantonal Council presents a counter-proposal; f. tax laws (Art. 125, para. 1, and Art. 130, para. 3, let. b) and their amendments that aim to introduce new taxes or that result in an increase in the taxpayer's fiscal burden.

2005; Chapitre 5: Droits populaires; C. Votations populaires; Référendum facultatif

Upon request, the following are submitted to a popular vote: a. laws, their amendment or repeal; b. intercantonal agreements and international treaties which, by their content, have the status of laws; c. decrees of the Grand Council subject to a referendum in accordance with the law; d. decrees of the Grand Council concerning: 1. new one-time expenditures exceeding 4 million francs, 2. new periodic expenditures exceeding 400,000 francs per year; e. decrees of the Grand Council of fundamental importance with long-term consequences on living conditions in general; f. the general guidelines of the Canton’s positions regarding federal projects of fundamental importance, with long-term consequences on living conditions in general, which are not subject to a federal referendum.

A popular vote can be requested by: a. 3000 citizens with the right to vote (popular referendum); b. 12 political communes, the City of Zurich, or the City of Winterthur (commune-requested referendum); c. 45 members of the Grand Council (Grand Council-requested referendum).

The request for a popular vote must be made in writing within 60 days of the official publication of the Grand Council’s decision. If the referendum is requested by the Grand Council, this period is 14 days from the date of the decision.

The communes designate the body authorized to request a popular vote. The municipalities of Zurich and Winterthur can independently request a popular vote by a simple decision of their legislative bodies.

2005; Chapitre 5: Droits populaires; C. Votations populaires; Votations partielles et votations sur des variantes

For the purpose of a popular vote, the Grand Council may, exceptionally, decide: a. to propose an alternative in the form of a variant, either for the entirety of the proposal or for certain of its provisions; b. to submit to the people's verdict not only the entirety of the proposal, but also certain of its provisions.

If the popular vote does not take place, the main proposal adopted by the Grand Council shall be reverted to.

2005; 5. Kapitel: Volksrechte; C. Volksabstimmungen; Teil- und Variantenabstimmung
2005; Chapitre 5: Droits populaires; C. Votations populaires; Objets concurrents

If the citizens are called upon to vote on two mutually exclusive matters, they have the option to accept both and specify which they prefer.

2005; Chapitre 5: Droits populaires; C. Votations populaires; Législation d’urgence

A law whose entry into force cannot be delayed may come into force immediately if the Grand Council decides so by a two-thirds majority of its members present.

If a referendum is requested, the popular vote must take place within six months following the entry into force of the law.

If the law is rejected by the people, it immediately ceases to have effect.

2005; Chapitre 5: Droits populaires; D. Législation; Législation

All important rules of cantonal law are enacted in the form of a law, particularly the norms governing: a. the exercise of popular rights; b. the restriction of constitutional rights; c. the organization and tasks of the authorities; d. the conditions of taxation and the bases for calculating taxes and other charges, with the exception of minor fees; e. the purpose, nature, and scope of state services; f. the permanent or recurring tasks of the state; g. the delegation of tasks to municipalities when it entails additional financial burdens for them; h. the extent to which public tasks can be delegated to private organizations and the nature of these tasks.

Low-importance legal rules, particularly those governing the execution of laws, are enacted in the form of ordinances.

The authorities authorized to enact ordinances are designated in the Constitution and the laws.

2005; Chapitre 5: Droits populaires; E. Engagement démocratique; Engagement démocratique

The State and the communes support political activity conducted within a democratic framework. Political parties are important pillars of democracy. They contribute to shaping popular opinion and will. The State, communes, and political parties contribute to preparing young people to assume their responsibilities and take an active part in the State and society.

2005; Chapitre 6: Autorités; A. Dispositions générales; Éligibilité

All citizens with the right to vote on cantonal matters are eligible for the Grand Council, the Council of State, the supreme courts of the canton, as well as the Council of States.

For the election to the supreme courts of the canton, the law may provide for other eligibility conditions, exceptions to the residency requirement, and provisions regarding the term of office.

Eligibility for other authorities is governed by law.

The State and the municipalities strive to achieve fair representation of men and women in their authorities and commissions.

2005; Chapitre 6: Autorités; A. Dispositions générales; Durée de fonction

Members of the authorities are elected for a term of four years.

The term of office for judges is six years.

2005; Chapitre 6: Autorités; A. Dispositions générales; Incompatibilités

The functions of a member of the Grand Council, the State Council, the supreme courts of the canton, and the cantonal ombudsman are incompatible.

The legislature may provide for other incompatibilities.

2005; Chapitre 6: Autorités; A. Dispositions générales; Récusation

Individuals entrusted with a public task must recuse themselves when the matter at hand directly concerns them. Legislative activities of the parliament are an exception to this rule.

The legislator may establish additional grounds for recusal.

2005; Chapitre 6: Autorités; A. Dispositions générales; Immunité

Members of the Grand Council and the Council of State may speak freely before parliament and do not incur any legal liability for the statements they make there.

The Grand Council may lift the immunity of a magistrate with a two-thirds majority of the voters.

Members of the Council of State and the supreme courts of the canton can only be prosecuted criminally for acts they have committed and statements they have made in the exercise of their function if the Grand Council has given its prior approval.

2005; Chapitre 6: Autorités; A. Dispositions générales; Activité au sein d’une autorité exercée à titre accessoire

The State and the municipalities shall establish general conditions enabling the authorities to organize their work in such a way that it can be carried out as a secondary activity.

2005; Chapitre 6: Autorités; A. Dispositions générales; Responsabilité de l’État

The State, the municipalities, and public law entities assume strict liability for damages caused unlawfully or negligently by authorities or persons in their service while performing their duties.

Individuals entrusted with public tasks assume strict liability for damages they cause unlawfully or negligently in the execution of such public mandate. The service that entrusted them with the mandate is subsidiarily liable.

The legislature may provide for liability according to equity.

2005; Chapitre 6: Autorités; A. Dispositions générales; Rapports de travail et responsabilité

The employment relationships of persons employed by the State or the municipalities are governed by public law.

The legislator regulates the liability of persons employed by the State or the municipalities towards their employer, namely that of: a. the personnel of the State and the municipalities; b. the members of the authorities; c. private individuals entrusted with public tasks.

2005; Chapitre 6: Autorités; A. Dispositions générales; Langue officielle

The official language is German.

2005; Chapitre 6: Autorités; A. Dispositions générales; Transparence

The authorities shall provide information about their activities spontaneously or in response to a request from an individual, unless overriding public or private interests oppose it.

2005; Chapitre 6: Autorités; B. Grand Conseil; Fonction et composition

The Grand Council adopts the Constitution and laws in conjunction with the electorate.

It is composed of 180 members who exercise their function as a secondary activity.

2005; Chapitre 6: Autorités; B. Grand Conseil; Élection

The members of the Grand Council are elected by the people through proportional representation.

The districts serve as electoral constituencies. Large districts may be divided into several constituencies.

Seats must be allocated in such a way that voters' voices carry, as far as possible, the same weight throughout the entire canton.

2005; Chapitre 6: Autorités; B. Grand Conseil; Indépendance des députés

Members of the Grand Council vote without instructions.

They are obligated to declare their interests.

2005; Chapitre 6: Autorités; B. Grand Conseil; Publicité des débats

The sessions of the Cantonal Council are public.

2005; Chapitre 6: Autorités; B. Grand Conseil; Compétences législatives

The Grand Council decides: a. on draft revisions of the Constitution; b. on laws; c. on intercantonal or international agreements to the extent that the competence does not fall to the Council of State.

Popular rights are reserved.

2005; Chapitre 6: Autorités; B. Grand Conseil; Planification

The Grand Council decides on the major outlines of state activity planning. It provides its opinion notably on the key elements of task planning and financial planning.

It establishes the principles of territorial development.

2005; Chapitre 6: Autorités; B. Grand Conseil; Compétences financières

The Grand Council decides by a simple majority of those voting: a. the budget; b. the rate of the cantonal tax; c. the approval of the State account; d. the alienation of assets exceeding 4 million francs serving public purposes.

Must be approved by the majority of all members of the Council: a. new one-time expenditures exceeding 4 million francs; b. new periodic expenditures exceeding 400,000 francs per year; c. decisions made within the framework of budget discussions that incur greater financial burden on the State than anticipated in the State Council's draft; d. provisions regarding cantonal subsidies or State contributions to financial equalization that may result in additional expenditures.

The Grand Council decides within six months on the proposals of the State Council intended to balance the State's operating account in the medium term. It is bound by the total amount of improvements to the balance that can be achieved through these proposals.

2005; Chapitre 6: Autorités; B. Grand Conseil; Surveillance par le parlement

The Grand Council oversees the government, the administration, and private individuals entrusted with public tasks, as well as the functioning of the supreme courts of the canton.

The rights to obtain information and to examine necessary files for this purpose are specified in the law.

2005; Chapitre 6: Autorités; B. Grand Conseil; Élections

The Grand Council elects its bodies and carries out other elections falling within its competence.

2005; Chapitre 6: Autorités; B. Grand Conseil; Autres compétences et attributions

The Grand Council may: a. submit, in the name of the canton, a request for a federal referendum; b. lodge, in the name of the canton, an initiative with the Federal Chambers.

It decides: a. on projects subject to the optional referendum; b. on petitions for clemency that the Council of State recommends for approval.

Within the limits of its competencies, the Grand Council may commission the Council of State to develop projects.

The legislator may also confer further competencies and powers to the Grand Council.

2005; Chapitre 6: Autorités; C. Conseil d’État; Fonction

The Council of State is the supreme executive and directing authority of the canton.

It acts as the guardian of the Constitution and implements the laws, ordinances, as well as the decrees of the Grand Council.

2005; Chapitre 6: Autorités; C. Conseil d’État; Composition

The Council of State is composed of seven full-time members. It elects its president and vice-president for a term of one year.

2005; Chapitre 6: Autorités; C. Conseil d’État; Élection

Members of the Council of State are elected by the people at the same time as the Grand Council.

The election is conducted by majority vote.

The cantonal territory serves as the electoral district.

2005; Chapitre 6: Autorités; C. Conseil d’État; Activité accessoire

Members of the Council of State are not permitted to engage in other remunerated activities.

Exceptions to this rule include representation mandates of the State in public or private entities authorized by the Grand Council.

The deputation of the canton to the Federal Assembly shall not include more than two members of the Council of State.

2005; Chapitre 6: Autorités; C. Conseil d’État; Statut des conseillers d’État au parlement

The members of the Council of State participate in the deliberations of the Grand Council or its committees in an advisory capacity. They have the right to present proposals.

2005; Chapitre 6: Autorités; C. Conseil d’État; Organisation

The Council of State makes its decisions as a collegiate authority.

The preparation of government files and the execution of decisions are distributed by departments.

Each department is headed by a member of the Council of State.

The Council of State may assign files to the departments as well as to the administrative units that comprise them and mandate them to handle these autonomously.

2005; Chapitre 6: Autorités; C. Conseil d’État; Planification

The State Council defines the objectives and means of its governmental policy based on long-term perspectives.

It presents them to the Grand Council at the beginning of each legislative term.

2005; Chapitre 6: Autorités; C. Conseil d’État; Participation à l’activité législative

As a general rule, the Council of State oversees the preliminary phase of the legislative process. In its reports, it highlights the ecological, economic, and social long-term impacts that legislative projects may have.

It may issue ordinances for the execution of laws.

2005; Chapitre 6: Autorités; C. Conseil d’État; Compétences financières

The State Council prepares a draft budget and establishes the state's financial statement.

Within the budget limits, it decides: a. on new one-time expenditures not exceeding 4 million francs; b. on new periodic expenditures not exceeding 400,000 francs per year; c. on related expenditures.

It decides on the disposition of patrimonial assets serving public purposes not exceeding 4 million francs.

2005; Chapitre 6: Autorités; C. Conseil d’État; Collaboration avec d’autres cantons et avec l’étranger

The Council of State negotiates intercantonal or international agreements. Within the limits of its regulatory authority, it has the exclusive competence to conclude them.

It regularly provides the competent commission of the Grand Council with detailed information about projects for collaboration at the intercantonal and international levels.

2005; Chapitre 6: Autorités; C. Conseil d’État; Direction de l’administration

The Council of State directs the cantonal administration and decides on its organization within the limits of the law. It ensures that the administration complies with the law and operates efficiently, cooperatively, economically, and is close to the citizens. It exercises its oversight over other individuals entrusted with public tasks to the extent that the law does not allocate this competence to the Grand Council.

2005; Chapitre 6: Autorités; C. Conseil d’État; Autres tâches

The Council of State: a. ensures the maintenance of public security and order; b. prepares elections and referendums and ensures their proper conduct; c. represents the State both within and outside the cantonal borders; d. conducts elections that fall within its jurisdiction; e. executes judgments that have become final and binding; f. reports its activities to the Grand Council in the form of an annual report; g. provides its opinion on projects that the Confederation has submitted for consultation or is preparing within the context of its foreign policy and communicates its positions to the Grand Council. It fulfills all other tasks mentioned in the Constitution or legislation insofar as the responsibility does not belong to another authority.

2005; Chapitre 6: Autorités; C. Conseil d’État; État d’urgence

In the event of serious disturbances to public security and order, or if such disturbances are imminent, the Council of State may take measures without a legal basis and, in particular, enact emergency ordinances.

Emergency ordinances must be immediately submitted to the approval of the Grand Council. They become void no later than one year after their entry into force.

2005; Chapitre 6: Autorités; D. Justice; Tâches et statut des tribunaux

The courts have jurisdiction over disputes and criminal matters that fall within their competence according to the law. The legislator may assign them additional tasks.

The courts administer justice independently of the other branches of the State. Once final, a judgment by a judicial authority cannot be annulled or modified by another branch of the State.

Under the direction of the highest courts of the canton, the courts manage their own administration. The legislator shall provide for common bodies for the highest courts of the canton for this purpose.

2005; Chapitre 6: Autorités; D. Justice; Principes de l’organisation judiciaire

The judicial organization and procedure ensure the reliability and promptness of justice.

The Supreme Court, the Administrative Court, and the Social Insurance Court are the supreme courts of the canton.

2005; Chapitre 6: Autorités; D. Justice; Élection

The full members and substitute members of the courts whose jurisdiction extends to the entire cantonal territory are elected by the Grand Council. It appoints the committee responsible for examining the applications.

The members of other courts are elected by the people. Their substitutes are appointed by the superior judicial authority.

2005; Chapitre 6: Autorités; D. Justice; Justice civile et justice pénale

The law provides that any decision in civil or criminal matters may be appealed to a second judicial instance. It may provide for exceptions in duly justified cases, where federal legislation allows a judgment to be rendered by a single cantonal instance.

The second instance fully examines whether the law was correctly applied by the first instance. With regard to the establishment of facts, it must at least be able to correct manifest errors.

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2005; Chapitre 6: Autorités; D. Justice; Justice administrative

In cases of decisions made in an administrative procedure, the legislature provides for effective review by an appellate authority and a possibility to refer the decision to a court. When justified, the legislature may deviate from this principle. In certain special cases, the legislature may stipulate that public law claims must be subject to a judicial procedure.

2005; Chapitre 6: Autorités; D. Justice; Publicité des décisions

The judgments of the judicial authorities shall be made accessible to the public in an appropriate form. The protection of personal privacy is guaranteed.

Jurisprudence shall be published.

2005; Chapitre 6: Autorités; D. Justice; Contrôle des normes

The courts and cantonal authorities elected by the people shall not apply provisions contrary to superior law.

Except for the Constitution and laws, a cantonal normative act can be contested before a supreme court designated by law if it is alleged to be contrary to superior law.

The possibility of contesting communal normative acts is governed by law.

2005; Chapitre 6: Autorités; E. Autres autorités; Autorités de district

The citizens of the district elect: a. the prefect; b. the district council; c. the district judicial authorities.

The law establishes other authorities and governs the procedures for their election.

District authorities perform the tasks conferred on them by law, including oversight and administration as well as judicial functions.

2005; Chapitre 6: Autorités; E. Autres autorités; Service de médiation

The Grand Council elects an ombudsman. The ombudsman heads the mediation office.

The mediation office serves as an intermediary between the citizens and the cantonal administration, the cantonal authorities, or individuals entrusted with performing cantonal tasks. The law may provide for exceptions.

The mediation office is independent.

It may extend its activities to municipalities whose regulations allow for this possibility.

2005; Chapitre 6: Autorités; E. Autres autorités; Conseil des États

The two deputies to the Council of States are elected by the people through a majority vote. The cantonal territory serves as the electoral district.

Their term of office is four years. Ordinarily, they are elected at the same time as the deputies to the National Council.

Swiss citizens residing abroad who have the right to vote in federal matters in the canton of Zurich may also participate in the election.

2005; Chapitre 7: Communes; A. Dispositions générales; Types de communes et tâches

Political municipalities undertake all public tasks that fall under the jurisdiction of neither the Confederation nor the State.

Tasks related to the fields of education and training may be assumed by school municipalities.

Political municipalities and school municipalities are autonomous public entities.

2005; Chapitre 7: Communes; A. Dispositions générales; Fusion et dissolution de communes, création de nouvelles communes

The merger of municipalities must be approved by the majority of voters in each of the municipalities involved in the project.

The dissolution of a school municipality may be decided by the majority of voters of that municipality.

The vote must take place at the polls.

The creation of new municipalities resulting in an increase in the number of municipalities must be subject to a law.

Municipality merger projects are supported by the State.

2005; Chapitre 7: Communes; A. Dispositions générales; Autonomie communale

The municipalities administer themselves autonomously. Cantonal legislation grants them maximum freedom of action.

The State takes into account the consequences that its activity may have on the municipalities, cities, and agglomerations.

It consults the municipalities in due time.

2005; Chapitre 7: Communes; A. Dispositions générales; Droits populaires au niveau communal

The popular rights at the communal level are governed by law. It provides notably for a right of initiative, a right of referendum, as well as a right to request information.

The electorate votes at the polls: a. on expenditures that exceed the amount set in the communal regulations; b. on matters specified in the Constitution, the law, or the communal regulations.

One-third of the eligible voters present at the communal assembly may demand that a decision be subject to a vote at the polls.

The law enumerates the matters excluded from a vote at the polls.

2005; Chapitre 7: Communes; A. Dispositions générales; Organisation des communes

The organs of the municipality are: a. the electorate; b. the municipal council; c. other authorities provided by law.

The political municipalities may replace the municipal assembly with a municipal parliament.

2005; Chapitre 7: Communes; A. Dispositions générales; Quartiers et autres subdivisions

The municipalities may delegate certain municipal tasks to a district commission or another territorial subdivision, which shall carry them out autonomously.

2005; Chapitre 7: Communes; A. Dispositions générales; Règlement communal

The municipality defines its organization and the competencies of its bodies in the municipal regulation.

The municipal regulation is adopted by the electorate in a ballot vote.

It must be approved by the Council of State, which reviews its legality.

2005; Chapitre 7: Communes; B. Collaboration intercommunale; Principes

The municipalities may carry out tasks jointly.

The State facilitates collaboration between the municipalities across cantonal borders. It assists the municipalities in preserving their interests.

2005; Chapitre 7: Communes; B. Collaboration intercommunale; Accord de collaboration

To perform one or more tasks jointly, the municipalities may enter into contracts. The law specifies under which conditions such agreements must be approved by the electorate or by the parliament.

2005; Chapitre 7: Communes; B. Collaboration intercommunale; Syndicats de communes

To accomplish one or more tasks jointly, municipalities may form associations.

They may be obliged to do so if significant public interests require it. The law regulates the procedure.

Inter-municipal associations are autonomous public entities. They establish statutes, in which they define their tasks and organization.

The statutes of inter-municipal associations are subject to the approval of the Council of State, which ensures their legality.

2005; Chapitre 7: Communes; B. Collaboration intercommunale; Respect des principes démocratiques dans les syndicats

The associations of municipalities must organize themselves in adherence to democratic principles. The popular rights guaranteed at the municipal level must also be ensured, by analogy, at the level of the associations of municipalities. All individuals entitled to vote within the territory of the association have the right of initiative and the right of referendum.

2005; Chapitre 7: Communes; C. Surveillance; Surveillance

The municipalities, municipal associations, and all other entities or individuals entrusted with municipal tasks are placed under the supervision of the district authorities and the Council of State.

2005; Chapitre 8: Tâches publiques; A. Dispositions générales; Principes

The State, the municipalities, and other individuals entrusted with public duties collaborate in the fulfillment of their tasks.

The State and the municipalities ensure that public duties are carried out effectively, sustainably, and in an economically optimal manner by the entity best suited to do so.

They regularly assess the necessity of each public task.

Before undertaking a new task, the State and the municipalities present how they plan to finance it.

2005; Chapitre 8: Tâches publiques; A. Dispositions générales; Accomplissement décentralisé des tâches

To allow the decentralization of task fulfillment, the canton is divided into districts designated by law. For the accomplishment of specific tasks, the law may, for significant reasons, provide for a different subdivision of the cantonal territory.

2005; Chapitre 8: Tâches publiques; A. Dispositions générales; Répartition des tâches entre l’État et les communes

The municipalities themselves undertake the public tasks which they are capable of fulfilling in a manner as appropriate as the State.

At the request of a municipality or with its consent, the Council of State may delegate cantonal tasks to it, assigning them to be carried out independently. It takes into account the resources available to the municipality and allocates adequate compensation to it.

2005; Chapitre 8: Tâches publiques; B. Délégation de tâches publiques; Bases légales

The State and the municipalities, to the extent permitted by law, have the ability to delegate the fulfillment of public tasks to third parties. For this purpose, they may create public or private legal entities or acquire participations in such entities.

The delegation of a cantonal task must be the subject of a law.

The delegation of a municipal task, the fulfillment of which requires the use of public force, must be provided for by municipal regulations.

These normative acts must regulate: a. the nature, extent, and financing of the delegated public tasks; b. the structure of the entities referred to in para. 1 as well as their tasks; c. the extent of regulatory powers granted within the limits of the objectives set by the law; d. the nature and extent of significant participations; e. the supervision and legal protection.

2005; Chapitre 8: Tâches publiques; B. Délégation de tâches publiques; Contrôle

Public or private law entities that perform public tasks in accordance with a service mandate must be equipped with a competent supervisory body that is independent of operational management. This body regularly monitors the quality of work performed and ensures that the fulfillment of the service mandate complies with the principle of efficiency.

2005; Chapitre 8: Tâches publiques; C. Tâches; Sécurité et ordre publics

The State and the municipalities ensure public safety and order.

2005; Chapitre 8: Tâches publiques; C. Tâches; Aménagement du territoire

The State and the municipalities ensure a rational occupation of the territory, judicious and measured use of the land, as well as the preservation of living space.

2005; Chapitre 8: Tâches publiques; C. Tâches; Protection de l’environnement

The State and the municipalities ensure the protection of human beings and the environment against harmful or annoying intrusions.

Harmful or annoying intrusions must be avoided to the greatest extent possible and remedied if necessary. The costs of prevention and remediation are borne by those who cause them.

The State and the municipalities may promote the use of techniques that allow for sustainable development.

2005; Chapitre 8: Tâches publiques; C. Tâches; Climat

The canton and the municipalities commit to mitigating climate change and its effects. They take into consideration the objectives of the Confederation and the international treaties to which Switzerland is bound. Their measures are particularly aimed at reducing greenhouse gas emissions to achieve climate neutrality.

They ensure that appropriate measures are implemented, particularly in the areas of urban development, buildings, transportation, agriculture and forestry, as well as in industry and craftsmanship.

They may encourage the development and use of technologies, materials, and processes that contribute to climate protection and adaptation to climate change.

2005; Chapitre 8: Tâches publiques; C. Tâches; Protection de la nature et du patrimoine

The State and the municipalities ensure the conservation and protection of wildlife and plant life.

The State and the municipalities ensure the conservation of landscapes, the appearance of localities, buildings and groups of buildings that deserve preservation, as well as natural monuments and cultural assets.

2005; Chapitre 8: Tâches publiques; C. Tâches; Transports

The State and the municipalities ensure that all forms of transportation are organized in a safe, economically optimal, and environmentally friendly manner and ensure that the transportation network is efficient.

Cantonal roads fall under the sovereignty of the State.

The canton ensures the existence of an efficient cantonal road network for private road traffic. A reduction in performance on certain sections must be at least compensated within the surrounding road network.

The State and the municipalities promote public transportation throughout the entire cantonal territory.

2005; Chapitre 8: Tâches publiques; C. Tâches; Eaux

The waters are under the sovereignty of the State.

The State and the municipalities guarantee the water supply.

They take the necessary measures for protection against floods and other natural hazards. They promote the renaturation of watercourses.

2005; Chapitre 8: Tâches publiques; C. Tâches; Énergie

The State establishes favorable basic conditions for a sufficient and secure energy supply that is economically optimal and environmentally sustainable.

It encourages the use of domestic and renewable energies as well as the rational use of energy.

It ensures that the electricity supply is secure and economically optimal.

2005; Chapitre 8: Tâches publiques; C. Tâches; Cycles des matières

The canton and the municipalities establish favorable conditions for the sparing use of raw materials, materials, and products, and for closing material cycles.

They take measures to prevent waste and to reuse and recycle materials and products.

2005; Chapitre 8: Tâches publiques; C. Tâches; Économie et travail

The State and the municipalities create favorable basic conditions for the diversity and competitiveness of the economy as well as its social and liberal orientation. They particularly consider the needs of small and medium-sized enterprises and social partners.

In collaboration with individuals or private organizations, they encourage measures that enable the reconciliation of professional activity with supervisory responsibilities.

They create basic conditions that promote the diversity of job and apprenticeship opportunities.

2005; Chapitre 8: Tâches publiques; C. Tâches; Agriculture et sylviculture

The State shall ensure that the fields of agriculture and forestry are operated with a view to sustainable development and can fulfill the various tasks that are theirs.

2005; Chapitre 8: Tâches publiques; C. Tâches; Banque cantonale

The State operates a cantonal bank.

2005; Chapitre 8: Tâches publiques; C. Tâches; Logement

The State and the municipalities encourage the construction of housing for public utility as well as home ownership for personal use.

2005; Chapitre 8: Tâches publiques; C. Tâches; Aide sociale

The State and the municipalities shall ensure that a person in a state of distress, from which they are unable to extricate themselves by their own means, has shelter and receives the necessities for subsistence.

They shall promote the professional development or retraining of unemployed persons and assist their reintegration into the workforce.

To combat poverty and social distress, they shall encourage support for personal responsibility.

2005; Chapitre 8: Tâches publiques; C. Tâches; Famille, jeunes et personnes âgées

In collaboration with private individuals or organizations, the State and the municipalities: a. support the family as a community composed of adults and children; b. promote the protection of children and young people as well as their integration into society; c. improve the quality of life for the elderly.

2005; Chapitre 8: Tâches publiques; C. Tâches; Santé

The State and the municipalities ensure that the healthcare system is adequate and economically sustainable.

They promote preventive measures.

2005; Chapitre 8: Tâches publiques; C. Tâches; Intégration

The State and the municipalities promote coexistence among different groups of the population with mutual respect and tolerance, as well as their participation in public life.

They take measures to promote the integration of foreigners residing in the canton.

2005; Chapitre 8: Tâches publiques; C. Tâches; Instruction publique

The State and the municipalities provide an education that takes into account and develops the intellectual, mental, social, and physical capacities of each individual, which strengthens their sense of responsibility and community with a view to their personal and professional development.

2005; Chapitre 8: Tâches publiques; C. Tâches; Écoles publiques

The state and municipalities have public schools providing quality education. Public schools respect the fundamental values of the democratic state. They are neutral in religious and political matters.

2005; Chapitre 8: Tâches publiques; C. Tâches; Écoles privées

Private schools that fulfill the same functions as public schools are subject to authorization and supervision by the State.

The State may support private schools that provide services of public interest.

2005; Chapitre 8: Tâches publiques; C. Tâches; Hautes écoles

The State ensures the quality of education and research at the university and in other higher education institutions.

2005; Chapitre 8: Tâches publiques; C. Tâches; Formation professionnelle et perfectionnement

The State promotes vocational training.

The State and the municipalities promote professional development and adult education.

2005; Chapitre 8: Tâches publiques; C. Tâches; Culture

The State and the municipalities encourage cultural activities and artistic creation.

2005; Chapitre 8: Tâches publiques; C. Tâches; Sport

The state and the municipalities promote sports.

2005; Chapitre 9: Finances; Principes

The State and the municipalities ensure the soundness of their finances.

The State, the municipalities, and other public law entities manage their finances according to the principles of legality, economy, and efficiency.

The budget and the accounts are based on the principles of transparency, comparability, and publicity.

The promotion of environmentally respectful behavior is a criterion given special consideration when determining the basis for state levies and contributions.

2005; Chapitre 9: Finances; Équilibre du budget

The State and the municipalities balance their budgets in the medium term. The law can require municipalities to balance their budgets in the short term.

Deficits are amortized within a period of five years.

2005; Chapitre 9: Finances; Planification des tâches et planification financière

The State and the municipalities plan their tasks as well as their financing. They take into account the long-term effects of the measures they plan to implement.

They strive not to increase the tax rate.

2005; Chapitre 9: Finances; Impôts

The law defines the types of taxes, the group of individuals subject to them, the object of the taxes, and their method of calculation.

Taxes are designed in accordance with the principles of universality and equality, taking into account the economic capacity of the taxpayers.

Tax policy is structured with particular consideration for the following imperatives. It must: a. take into account the overall burden that tax levies represent for the taxpayer; b. respect solidarity without discouraging the taxpayer, while promoting individual foresight; c. safeguard the competitiveness of enterprises; d. allow for wealth accumulation to an appropriate extent; e. alleviate the burden on persons with maintenance obligations or alimony debts; f. not penalize married couples compared to unmarried individuals.

Tax progression must be moderate and should not exceed a certain level.

Low incomes and small fortunes are exempt from taxation.

No tax privilege may be granted on an individual basis.

2005; Chapitre 9: Finances; Autres contributions

The law establishes the necessary principles for the collection of other contributions.

It determines in particular: a. the nature and purpose of the contribution; b. the principles according to which it is calculated; c. the group of persons subject to it.

2005; Chapitre 9: Finances; Péréquation financière

The State ensures financial equalization.

Financial equalization: a. enables municipalities to carry out necessary tasks; b. is a means to prevent tax rates from varying too much from one municipality to another.

Financial equalization is supported by the State and the municipalities.

2005; Chapitre 9: Finances; Compensation des charges

The law may provide that municipalities which offer special services for a large area or which have to bear particular burdens receive fair compensation from the State or other municipalities, taking into account their financial capacity.

The municipalities that finance or receive compensations must be consulted.

2005; Chapitre 9: Finances; Contrôle des finances

Financial oversight audits the State's accounts and drafts a report for the attention of the Council of State and the Grand Council.

The financial oversight is independent.

The Grand Council elects its management based on the proposal from the Council of State.

The finances of municipalities and other public law entities are audited by independent specialized bodies.

2005; Chapitre 10: Églises et autres communautés religieuses; Collectivités ecclésiastiques

The State recognizes as independent public entities: a. the Evangelical Reformed Church and its parishes; b. the Roman Catholic Church and its parishes; c. the Christian Catholic parish.

The Evangelical Reformed Church, the Roman Catholic Church, and the Christian Catholic parish are autonomous within the limits of cantonal law. They regulate: a. the right to vote concerning their internal affairs; these rules are established in compliance with the principles of the rule of law and democracy in a normative act subject to mandatory referendum; b. the authority for the constitution of new parishes as well as for the merger or dissolution of parishes.

The law regulates: a. the principles of the organization of ecclesiastical entities; b. the right to levy taxes; c. cantonal services; d. questions of competence, the procedure for the appointment of clerics, and the duration of their tenure.

The law may provide for the disaffection of part of the tax revenue.

The State exercises high supervision over the ecclesiastical entities.

2005; Chapitre 10: Églises et autres communautés religieuses; Autres communautés religieuses

Among other religious communities, the State recognizes the "Israelitische Cultusgemeinde" and the "Jüdische Liberale Gemeinde."

These communities arrange the participation of their members in accordance with the principles of democracy and the rule of law.

The law regulates, respecting the autonomy guaranteed to religious communities by the Constitution: a. the effects of recognition; b. supervision.

2005; Chapitre 11: Révision de la Constitution cantonale; Principes

The Constitution may be revised at any time, either totally or partially.

Drafts for constitutional revision are subject to two readings.

Any revision of the Constitution is submitted to a vote by the people.

2005; Chapitre 11: Révision de la Constitution cantonale; Révision partielle

In the event of a partial revision of the Constitution, the unity of the subject matter must be respected.

2005; Chapitre 11: Révision de la Constitution cantonale; Révision totale

The people have the authority to decide, based on a popular initiative or a resolution by the Grand Council, on the total revision of the Cantonal Constitution.

At the same time, the people decide who will prepare the draft of the Cantonal Constitution, whether it will be the Grand Council or a constituent assembly elected by the people.

2005; Chapitre 12: Dispositions transitoires; Entrée en vigueur

This Constitution shall enter into force on January 1, 2006.

The Constitution of the Canton of Zurich of April 18, 1869, is repealed.

2005; Chapitre 12: Dispositions transitoires; Mise en œuvre de la Constitution

The authorities that legislate and those that enforce the law shall implement this Constitution without delay.

2005; Chapitre 12: Dispositions transitoires; Maintien en vigueur de l’ancien droit

The normative acts that have been enacted and the decisions that have been made according to a procedure in accordance with the former Constitution remain in force. Their modification shall comply with the present Constitution.

2005; Chapitre 12: Dispositions transitoires; Droits fondamentaux et procédure administrative contentieuse

Within five years from the entry into force of this Constitution, the authorities shall take the necessary measures to: a. guarantee fundamental rights in accordance with Articles 11, paragraph 4, 14, and 17; b. adapt the contentious administrative procedure to meet the requirements of Articles 76, 77, and 79, paragraph 2.

Only upon the expiration of this period may the rights arising from the aforementioned constitutional provisions be directly invoked before the courts.

2005; Chapitre 12: Dispositions transitoires; Droit d’initiative

Popular initiatives submitted before the entry into force of the present Constitution are subject to a vote by the people within the deadlines provided by the former law.

If the deadline set for the collection of signatures is ongoing at the time of entry into force of the present Constitution, the initiative is subject to the new regime.

2005; Chapitre 12: Dispositions transitoires; Votations populaires

If the projects adopted by the Grand Council before the entry into force of the present Constitution are subject to a referendum, the former law applies to such cases. As long as a municipality has not yet designated the body authorized to request a popular vote in the sense of Art. 33, para. 4, first sentence, the competence to organize a referendum at the municipal level rests with the municipal assembly or the municipal parliament.

2005; Chapitre 12: Dispositions transitoires; Responsabilité causale des particuliers

Art. 46, para. 2, establishes strict liability for individuals only if the damage occurred more than one year after the entry into force of this Constitution.

2005; Chapitre 12: Dispositions transitoires; Autorités

The members of the authorities shall remain in office until the end of their term of office according to the former law. If an authority is renewed before the expiration of a period of two years from the entry into force of this Constitution, the election shall be governed by the former law and shall be valid for a full term of office.

2005; Chapitre 12: Dispositions transitoires; Communes

The civil communes are governed by the former law and are merged with the political communes in accordance with it within a period of four years from the entry into force of the present Constitution.

The communes have a period of four years from the entry into force of the present Constitution to determine from what amount a decision must be submitted to a popular vote at the polls (Art. 86, para. 2).

2005; Chapitre 12: Dispositions transitoires; Syndicats de communes

Inter-municipal associations have a period of four years from the entry into force of the present Constitution to regulate the right of initiative and the right of referendum as referred to in Art. 93, para. 2, in their statutes. Until then, voting within the inter-municipal associations is governed by the previous law and the previous statutes.

2005; Chapitre 12: Dispositions transitoires; Églises

The state benefits to ecclesiastical communities based on historical legal titles are guaranteed until the new legal provisions come into force. The new regulation of these benefits will be founded on their current overall volume.

Until the new regulation on voting rights in ecclesiastical matters comes into force, the provisions of cantonal law apply.

Until the new regulation of competencies regarding the creation of new parishes as well as the merger and dissolution of parishes comes into force, the provisions of the municipal law apply.

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