Constitution of the Canton of Schwyz, (2010) - Canton of Schwyz

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

It is a liberal, democratic, and social rule of law.

The power of the state emanates from the people, and the principle of separation of powers governs its exercise.

The State's activity serves the common interest.

The State respects the dignity, personality, and responsibility of each individual.

In the exercise of its activity, the State remains close to the people and ensures simple procedures.

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

The activity of the State must respond to a public interest and be proportionate to the intended goal.

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

Every person is responsible for themselves and assumes their share of responsibility towards society and the State.

The State supports initiatives taken by individuals or organizations in the common interest, as well as associative life and volunteer work.

The State assumes public interest tasks that individuals cannot adequately fulfill.

The canton takes on tasks that exceed the capacity of the districts or municipalities or that require uniform regulation.

The State encourages the political activity of individuals and parties and the democratic debate.

The different age and population groups, communities with different religious, philosophical, or cultural affiliations, authorities, and individuals coexist in mutual tolerance and respect.

Open to the future, the State and society promote constant innovation.

In all areas, they are committed to sustainable solutions and refrain from those that harm future generations.

The canton collaborates with the Confederation, other cantons, districts, communes, and individuals.

The canton, districts, and communes ensure the cohesion of all parts of the canton.

The canton guarantees the fundamental rights enshrined in the Federal Constitution and the international legal norms binding on Switzerland.

The State continuously verifies, plans, and manages its tasks.

In doing so, it takes into account the principles defined below for each of its tasks. These principles do not establish any subjective right to a state benefit.

The State may, by law, entrust the fulfillment of a state task to public or private law organizations. The delegated areas and the third parties tasked with fulfilling a state task are subject to the supervision of the community that decided on the delegation of the state task and benefit from its legal protection.

The State guarantees the security of the population and public order.

It promotes the peaceful resolution of conflicts.

The State promotes the coexistence of different age groups and population groups.

It supports the integration efforts of newly established persons.

The State promotes the family as a community of adults and children. It creates favorable conditions for the proper care of children within the family and externally.

The State shall provide a varied and high-quality offer that allows every individual to pursue school and vocational education and to develop their abilities.

The State preserves and promotes culture in its various aspects.

The State creates a favorable environment for the economy that allows businesses and individuals engaged in gainful activities to maintain themselves in a competitive market.

It encourages measures that reconcile family life with gainful employment.

The State provides for the social security of the population, complementing individual responsibility and private initiative.

It strives to socially and economically integrate individuals who need specific assistance.

The State creates a favorable environment for a sufficient supply of living spaces.

The State is committed to establishing a sufficient and economically sustainable healthcare system for all.

It takes the necessary measures to ensure diverse prevention.

The State protects the environment against harmful and troublesome interferences.

It commits to the economical use of natural resources.

It takes care of arable land and landscapes.

The State ensures a water and energy supply that is safe, economically optimal, and environmentally friendly.

It is committed to their rational use.

The State shall establish on its territory a network of infrastructures adapted to the needs of private and public traffic.

In doing so, it shall take into account the needs of the most vulnerable users.

The law governs the acquisition and loss of cantonal citizenship and communal citizenship rights.

All Swiss citizens domiciled in the canton who are 18 years old and possess federal political rights have the right to vote.

Those who have the right to vote can, at the cantonal, district, and municipal levels, participate in elections and referendums, and sign initiatives and referendum requests.

Swiss citizens living abroad who possess federal political rights have the right to vote in cantonal matters.

Citizens eligible to vote elect: a. the members of the Grand Council; b. the members of the Council of State; c. the deputies of the canton to the National Council and the Council of States; d. the members of the district and municipal parliaments; e. the members of the district and municipal councils; f. the members of the district courts; g. the members of other authorities elected by the people.

2000 citizens with the right to vote may, at any time, request through an initiative: a. the total or partial revision of the Cantonal Constitution; b. the adoption, modification, or repeal of a law; c. the opening of negotiations for the conclusion or revision of an international or intercantonal convention of constitutional or legal rank, or the denunciation of such an instrument.

The initiative may take the form of a proposal drafted in general terms or that of a formulated draft project.

An initiative aiming at the total revision of the Cantonal Constitution can only take the form of a proposal drafted in general terms.

If an initiative drafted in general terms does not allow determination, the Grand Council decides in what legal form it should be implemented.

The State Council confirms that the initiative has been successful.

The Grand Council verifies the validity of the initiative.

An initiative is valid if it: a. respects the principle of unity of form and the principle of unity of subject matter; b. does not violate higher law; c. is not manifestly unenforceable.

The Grand Council decides to approve or reject the initiative.

If the Grand Council approves an initiative, it submits the drafted initiative or the project it has developed to follow up on a proposal framed in general terms to either a mandatory or optional referendum.

If it rejects the initiative, the matter is put to a vote by the people.

The Grand Council may present a counterproposal to an initiative in the form of a drafted project or to the project it has developed in response to a proposal drafted in general terms.

Citizens with voting rights vote simultaneously on both projects.

They may approve both projects and indicate which project they prefer in the event both projects are accepted.

The Grand Council shall decide within a period of 18 months whether it approves or rejects the initiative.

The law sets forth the other time limits.

The following must be submitted to a vote of the people: a. total or partial revisions of the cantonal Constitution; b. international or intercantonal agreements of constitutional rank; c. initiatives rejected by the Grand Council; d. initiatives and projects following an initiative opposed by a counter-proposal; e. modifications of the cantonal territory, with the exception of border adjustments.

The following acts are submitted to a vote of the people if, in the final vote, they have been adopted by less than three-quarters of the members of the Grand Council who participated in the vote: a. the adoption, modification, and repeal of laws; b. international or intercantonal agreements of legal rank; c. new one-time expenditures of more than five million francs and periodic expenditures of more than 500,000 francs per year.

If 1000 citizens with the right to vote request it, the following acts, which do not fall under the mandatory referendum, are submitted to a vote of the people

a. laws and international or intercantonal agreements;

b. new one-time expenditures exceeding five million francs decided by the Grand Council and periodic expenditures exceeding 500,000 francs per year.

The deadline for submitting the request is 60 days from the official publication of the act.

Political rights at the district and municipal levels are exercised at the place of domicile.

Citizens with the right to vote may, individually or collectively, submit an initiative to the district council or the municipal council.

The initiative may concern the adoption, modification, or repeal of a normative act or an administrative act that falls within the competence of the district assembly or the municipal assembly.

The initiative is submitted in writing and may take the form of a proposition formulated in general terms or as a drafted project.

The law governs the exercise of the right of initiative and the right of referendum in districts and municipalities that have a parliament.

The associations of municipalities are organized in accordance with the democratic principle and are granted the right of initiative and the right of referendum.

The decision to become a part of an association of municipalities lies with the citizens who have the right to vote.

Every person has the right to express their position, within the framework of the consultation procedure, on a draft Constitution or law of the canton.

The districts, municipalities, political parties, and interested parties are invited to share their position.

Any person who has the right to vote on cantonal matters is eligible for election to cantonal and communal authorities and the Council of States. The law may provide for other eligibility conditions and exceptions.

The functions of member of the Grand Council, the Council of State, and the cantonal courts are incompatible.

The law governs other cases of incompatibility and cases of recusal.

The members of the Grand Council, the Council of State, and the cantonal courts as well as the deputies of the canton to the Council of States are elected for four years.

The election of the members of the Grand Council and that of the members of the Council of State take place simultaneously.

The official language is German.

The deliberations of the Grand Council and the courts are public. The law regulates exceptions.

Authorities inform the public about their activities, insofar as no overriding public or private interest opposes this.

The canton, districts, and municipalities ensure the accessibility of the administration and observe the principle of transparency.

Political parties and groups, campaign committees, lobbyists, and other organizations participating in voting or election campaigns under the jurisdiction of the canton, districts, or municipalities must publish their accounts. The following must particularly be disclosed: a. the sources of financing and the total budget of the election or voting campaign; b. the corporate name of the legal entities that contributed to the financing, including the amounts paid if they exceed 1,000 francs per calendar year; c. the identity of the natural persons who contributed to the financing, including the amounts paid. Donors whose contributions do not exceed 5,000 francs per calendar year are excluded.

Candidates for public office at the canton or district level and for executive or legislative functions at the municipal level must declare their conflicts of interest at the time of their candidacy.

Individuals elected to public office must declare their conflicts of interest at the beginning of the calendar year in accordance with paragraph 2.

The canton or an independent service verifies the accuracy of the data provided in accordance with paragraphs 1 to 3 and establishes a public register.

Infractions committed by candidates or elected officials, as well as by political parties and groups, campaign committees, lobbyists, or other organizations against the obligations provided for in paragraphs 1 to 3 of this provision, are punishable by a fine.

The law regulates the modalities.

The canton, the districts, the municipalities, and other public-law entities and institutions are liable for damages unlawfully caused by their organs and employees in the exercise of their functions.

The law governs the liability of individuals tasked with performing state duties and the conditions for liability for damages caused lawfully.

The Grand Council is the legislative and high supervisory authority of the canton.

It is composed of 100 members.

The members of the Grand Council are elected by secret ballot in the municipalities.

Each municipality constitutes an electoral district. The seats are distributed among the municipalities in proportion to their population; each municipality is entitled to at least one seat.

The Grand Council is elected according to the proportional representation system. The law may provide for a quorum.

The Grand Council decides, subject to the rights conferred upon the people: a. on the total and partial revisions of the Cantonal Constitution; b. on the adoption, modification, and repeal of laws; c. on the approval and denunciation of international or inter-cantonal agreements of a constitutional or legal rank.

It issues ordinances to the extent authorized by the Constitution or the law.

All important legal rules, especially those related to: a. the rights and obligations of natural or legal persons, or b. the principles of the organization of the canton, districts, or municipalities, are enacted in the form of a law.

The law may delegate the competence to enact rules of lesser importance. It must determine the subject, purpose, and scope of the delegated competence.

The Grand Council participates in the planning of state tasks and finances, as well as in the establishment of the legislative program.

The Grand Council decides on the budget and the tax rate and approves the state account.

It decides on new expenditures subject to the rights conferred to the people.

It solely decides on new one-time expenditures of 5 million francs or less, and on periodic expenditures of 500,000 francs or less per year.

The Grand Council elects: a. for one year, its president, its vice-president, and its scrutineers; b. for two years, the Landammann and the Vice-Landammann, chosen from among the members of the Council of State; c. the president of the cantonal courts and other members of these courts for whom the election is its responsibility; d. the Attorney General; e. the State Chancellor. It proceeds with other elections for which it is responsible by law.

The Grand Council exercises high supervision over the State Council, the administration, and the management of the cantonal courts.

The Grand Council: a. exercises, on behalf of the canton, the right of optional referendum and the right of initiative at the federal level; b. exercises the right of pardon; c. resolves jurisdictional disputes between higher authorities; d. carries out other tasks incumbent upon it by virtue of the law.

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

It is composed of seven members.

It is elected according to the majority system.

The State Council makes its decisions and defends them as a collegial authority.

The State Council

a. sets the main goals and means of state activity;

b. establishes the planning of state tasks and finances as well as a legislative program;

c. coordinates state tasks;

d. generally prepares the affairs of the Grand Council;

e. directs and oversees the cantonal administration;

f. represents the canton in Switzerland and abroad;

g. fulfills other tasks delegated to it.

The Council of State issues ordinances to the extent permitted by law.

It concludes and terminates international and intercantonal agreements, insofar as the Grand Council is not competent.

It issues implementing ordinances.

The State Council is competent to hear appeals concerning voting and elections, as well as administrative law disputes within the limits prescribed by law.

The State Council exercises supervision over districts and municipalities as well as over other public law entities.

The State Council may, without a legal basis, issue emergency ordinances or take measures to address existing or imminent disturbances that seriously threaten public order and safety or situations of social distress.

Emergency ordinances must be submitted without delay for the approval of the Grand Council. They become void after one year if they have not been incorporated into ordinary law.

The cantonal administration: a. applies the law; b. prepares the matters of the Council of State; c. performs other tasks delegated to it by the Council of State.

In its work, it observes the recognized principles of good administrative management.

The courts apply the law independently, impartially, and reliably.

They ensure to proceed expeditiously and at a lower cost.

They endeavor to resolve conflicts amicably.

The Cantonal Court is the highest judicial authority of the canton for civil and criminal cases.

The district courts exercise first-instance jurisdiction.

The Administrative Court is the supreme judicial authority of the canton for administrative matters.

In the case of decisions made in an administrative procedure, the law provides for at least one review by an independent appeals authority.

The Cantonal Court and the Administrative Court exercise oversight over the judicial authorities subordinate to them.

The oversight pertains to the management of the courts and the administration of justice.

The law may, for specific matters, establish other judicial authorities or provide for other jurisdictions.

The canton is divided into districts and municipalities.

The districts and municipalities are independent public law entities, which are autonomous within the limits of higher law.

The law determines their territory and name.

The districts comprise the territory of one or more municipalities.

They perform the state tasks delegated to them by cantonal law.

They may be subdivided or merged for the purpose of forming judicial districts for courts of first instance.

The municipalities perform the governmental tasks delegated to them by cantonal law. They are responsible for all local matters that do not fall under the jurisdiction of another authority.

The districts and municipalities are organized democratically.

They may establish parliaments.

The districts and municipalities fulfill state tasks by collaborating among themselves, with the canton, and with the municipalities of neighboring cantons.

For the accomplishment of specific tasks, they may associate in municipal associations, operate a joint facility, or agree to delegate one of them to carry out the task in the interest of all.

The law may require the districts and municipalities to collaborate if significant public interests demand it or if the adequate fulfillment of a task requires it.

Changes in the number and territory of districts and municipalities are governed by law.

Each municipality can request a revision of the law regarding its existence or a change in its territory.

The revision of the law is only successful if each of the municipalities affected by the project also approves it.

Corporations are independent public law entities of the cantonal law.

Their number and autonomy are guaranteed within the limits of the legal order.

Corporations ensure the preservation of the value of their assets, which they manage and use independently.

The canton, the districts, and the municipalities establish their resources notably by: a. the collection of taxes and other contributions; b. the income from their assets; c. funding allocated by the Confederation and by third parties; d. loans and borrowings.

The canton, districts, and municipalities levy the taxes necessary to fulfill their tasks.

In doing so, they adhere to the principles of legality, universality, equal treatment, and economic capacity.

The tax must be calculated in such a way as not to discourage taxpayers, not to harm their competitiveness, and to promote individual foresight.

The canton, districts, and municipalities manage their finances in accordance with the principles of legality, economy, efficiency, and long-term balance.

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

The canton, districts, and municipalities establish a financial plan that they align with their task planning.

They continuously assess whether the expenses are necessary, appropriate, and sustainable.

The finances of the canton, districts, and municipalities are overseen by independent bodies.

The canton ensures financial equalization.

It endeavors to achieve a balance between the fiscal charges and the services of the districts and municipalities.

The State respects the right of the Roman Catholic Church, the Evangelical Reformed Church, and other religious communities to self-governance.

Religious communities are governed by private law to the extent that they do not have the status of a religious community recognized under public law.

The role and existence of existing monasteries and religious orders are guaranteed.

The cantonal churches and the existing parishes under the Roman Catholic Church and the Evangelical Reformed Church are independent public law entities.

In each of the cantonal churches, the voting members adopt organizational statutes. The statutes are approved by the Grand Council, provided they do not violate federal or cantonal law.

The canton exercises supreme oversight over the cantonal churches.

Every person domiciled in the canton who has a religious affiliation and meets the conditions set forth in the organizational statutes of the recognized public law religious community in question is a member of that community. They may at any time declare their withdrawal in writing.

The religious communities recognized under public law support the Churches in the performance of their duties. They may, within the limits of their legal order, undertake other tasks.

They organize themselves according to democratic principles and regulate the exercise of voting rights.

They manage their assets and revenue in accordance with the state principles of sound financial management.

The cantonal churches may collect balanced contributions from their parishes to fulfill their duties.

They provide for financial equalization among the parishes.

Parishioners with the right to vote shall in any case decide on the selection of members of their bodies, the adoption of important legal regulations, the establishment of the budget, the rate of tax, and the approval of accounts.

To fulfill the Church's duties, parishes may levy taxes.

The status of taxpayers and the collection of taxes are subject to the rules of cantonal tax legislation.

The cantonal churches provide legal protection for their members and parishes.

The decisions of the final authorities of the cantonal churches may be appealed to the Administrative Court within the limits of cantonal law.

The Administrative Court reviews compliance with the law.

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

Partial revision may concern one provision or several provisions related to the same subject.

Normative acts enacted and decisions made under the former Constitution remain in force. Their modification is governed by the present Constitution.

If the present Constitution requires the adoption of new legal provisions or the adaptation of existing law, the authorities shall proceed without delay.

To the extent that they do not contradict the present Constitution, the provisions of the former Constitution regarding the districts and communes remain in force until new legal provisions are adopted.

If, before the entry into force of this Constitution, the Grand Council has adopted acts subject to or eligible for a referendum, these are governed by the former Constitution.

The Grand Council shall determine the date of entry into force.

This Constitution shall be published in the Official Gazette and incorporated into the Compendium of Laws following its entry into force.

The Constitution of the Canton of Schwyz of October 23, 1898, shall be repealed upon the entry into force of this Constitution.