CH
Constitution of the Canton of Obwalden, (1968)
Table of Provisions (125)
Statutory Text (125 Articles)
The Canton of Obwalden is a free democratic state and, within the limits of the federal constitution, a sovereign state, member of the Swiss Confederation.
The canton comprises the seven municipalities of Sarnen, Kerns, Sachseln, Alpnach, Giswil, Lungern, and Engelberg. Sarnen is the capital of the canton and the seat of the cantonal authorities.
The Roman Catholic Church, which is the one of the majority of the population, and the Evangelical Reformed Church are recognized as public law institutions with legal personality and enjoy the protection of the State.
All other religious communities are subject to private law unless they are recognized by law as public law institutions.
Religious communities organize themselves according to the principles of their Church.
For the Catholic Church, canon law determines the ecclesiastical organization. The parish is organized in accordance with the cantonal constitution.
The Evangelical Reformed Church establishes an organization that must be approved by the Grand Council; approval will be granted if there is nothing contrary to federal law or to cantonal constitutional law.
The right of ecclesiastical bodies to manage the affairs of their community is recognized. Ecclesiastical functions are considered public functions, and the right to levy an ecclesiastical tax is guaranteed to the parishes.
The churches recognized as public law institutions manage their affairs independently.
In matters of a mixed character that concern the entire canton, the education council must discuss the case with a representative of the denomination involved and submit a proposal to the Council of State.
Ecclesiastical corporations, foundations, and establishments not recognized as public law institutions by the constitution or legislation acquire legal personality under the provisions of the Swiss Civil Code. The Grand Council may recognize them as public law institutions.
The canton guarantees them ownership, management rights, and the disposition of their assets according to their statutes.
The preservation of monasteries is guaranteed, as well as the right of ecclesiastical authorities to oversee religious foundations.
Any concordat relating to membership in a diocese must be ratified by the Grand Council.
The Council of State is authorized to participate in the conclusion of a concordat.
Religious education is a school subject at all levels.
It is provided by religious teachers of Churches recognized as public law institutions; with the consent of the Churches, schools may entrust biblical instruction to their teaching staff.
The official holidays are determined by the Grand Council, which will consult with the churches recognized as public law institutions beforehand.
The person, dignity, and freedom of an individual are inviolable.
All citizens are equal before the law.
No one may be deprived of their natural judge.
The right to be heard by a court is guaranteed.
Indigent persons are entitled to free legal assistance.
Arrest, house search, confiscation, and other interferences with private life may only be ordered in cases provided for by criminal procedure. Any person who is unjustifiably arrested and judged may claim compensation from the canton.
The following are particularly guaranteed within the limits of federal law and cantonal laws aimed at safeguarding public order: a. freedom of belief and worship; b. freedom of opinion; c. freedom of the press; d. freedom of association and assembly; e. freedom of establishment; f. bodily integrity; g. freedom of movement and the inviolability of the home; h. freedom of commerce and industry; i. freedom of education.
The property of individuals, foundations, and private and public legal entities is inviolable.
The deprivation of property may only occur pursuant to the law and in the public interest.
In cases of expropriation or restrictions on property amounting to expropriation, fair compensation is due to the owner.
The expropriation procedure is governed by law.
Holders of political rights are all citizens of the canton domiciled therein and all Swiss citizens established in the canton who are over the age of eighteen and who have not been deprived of the status of active citizens by virtue of the law.
The law determines the conditions to be met and the procedure for the acquisition and loss of municipal and cantonal citizenship rights.
The establishment and residence of Swiss citizens and foreigners are subject to federal law.
Other provisions concerning the establishment and residence will be enacted by ordinance.
Every active citizen may, in the canton and in their municipality of residence: 1. participate in votes and elections; 2. exercise the right of initiative and referendum; 3. be elected to a public office or function in accordance with the legislation.
Everyone has the right to address petitions to the authorities.
The authorities are obliged to respond to petitions within the limits of their competence.
Every citizen is obligated to fulfill the duties imposed by the legislation.
Citizens have the civic duty to participate in the Municipal Assembly, as well as in the popular consultations at the ballot boxes of the commune, the canton, and the Confederation.
Everyone must exercise their right to vote according to their conscience on all occasions.
The canton and the municipalities ensure the maintenance of public peace, order, security, and morality.
In the fulfillment of their duties, the canton and the municipalities strive to support the family as the foundation of the State and society.
They particularly ensure the protection of young people, the elderly, and the infirm.
The canton encourages and supervises public education and teaching.
In accordance with the legislation, it is the responsibility of the canton to establish: a. special schools; b. vocational schools for arts and crafts, commerce, and agriculture; c. secondary schools; d. higher education institutions. [tab] The canton may enter into agreements or concordats for this purpose.
Primary education is the responsibility of the municipalities within the limits of the legislation.
Public schools shall be conducted in a patriotic and Christian spirit. They must be accessible to members of all faiths without infringing on their freedom of belief and conscience.
The freedom of private education is guaranteed subject to the supervision exercised by the canton.
The canton and the municipalities promote, through subsidies and within the limits of the legislation, vocational and scientific training and the advancement of knowledge in these fields.
The canton and the municipalities encourage scientific and artistic activity, as well as efforts aimed at developing popular culture.
They may create or support institutions that carry out important tasks of a cultural nature.
The canton and the municipalities must protect landscapes and localities worthy of preservation, sites evocative of the past, as well as natural curiosities and monuments.
They encourage efforts made in favor of the protection of nature, landscape, and sites, the protection of cultural property, and the conservation of historical monuments.
They take or encourage, in particular, measures related to the protection of water and air against pollution, the conservation of forests, and the protection of alpine sites, fauna, and flora.
The canton and the municipalities promote the well-being and social security of the people.
The responsibilities and authority of the canton and municipalities in terms of guardianship, assistance, and social institutions are determined by law.
The canton and the municipalities may complement, through subsidies, the services of the social institutions and welfare works of the Confederation, create their own social welfare institutions, introduce special insurance schemes, and promote personal provision.
The canton and the municipalities promote public health and assistance to the sick.
They may maintain or support hospitals and other medical institutions.
The law may establish mandatory health insurance.
The canton and the municipalities endeavor to develop the economy of the country.
They may create or support establishments and institutions serving the economic development of the canton.
They encourage industry, crafts, commerce, and communications.
They ensure the rational use of land and encourage efforts undertaken in the field of spatial planning at the national, regional, and local levels.
The canton and the municipalities support measures aimed at maintaining a capable peasantry.
They notably strive to maintain rural land ownership and to encourage land consolidation and land improvements.
The canton exercises oversight over the forests; its sovereignty extends to waterways and means of communication, within the limits of the legislation.
It may regulate by law the use of waters, the correction of waterways, and matters related to roads.
The canton holds the monopoly on salt, hunting, fishing, and mining. The current rights of private individuals, corporations, and alpine pasture associations are reserved.
The financial system of the State must be adapted to the requirements of the economy. Cantonal affairs must be administered in a rational and economical manner.
For this purpose, it is important to establish financial programs and to exercise effective financial control. The organization, tasks, and procedure are determined by the Grand Council.
The Grand Council establishes the budget based on a proposal submitted to it by the Council of State and the courts.
The budget includes the probable revenues and expenditures for the accounting period. It must show the expenditures allocated for a specific purpose, as well as the expenditures deemed necessary by the Grand Council and the Council of State within the limits of their competence in the matter.
The account must include the income and expenditures of the accounting period, as well as the state of the canton’s assets at the end of said period.
The Council of State and the courts submit the accounts for examination and approval by the Grand Council.
The canton and the municipalities are sovereign in fiscal matters.
The law specifies the nature and scope of taxes that the canton and the municipalities may levy. The legislation regulates the procedure for assessment and collection.
Measures to promote financial equalization may be taken to mitigate significant disparities in municipal taxes.
The legislation establishes the basis for determining the financial capacity of municipalities, as well as the method of financial equalization and the procedure to be followed.
The law may require municipalities to provide contributions for the execution of joint tasks of the canton and the municipalities. Ordinances issued by the Grand Council may determine the municipal contributions for burdens that fall upon the canton by virtue of federal legislation or concordat commitments.
In principle, the legislative, executive, and judicial powers are separated.
The members of the Grand Council, the prosecutors, the juvenile prosecutor, and their deputy cannot belong to either the Cantonal Court or the Court of Appeal.
Members of the Council of State cannot be part of the Grand Council, a court, or a communal council.
Members of a conciliation authority or a court cannot simultaneously belong to a superior jurisdiction.
Every citizen who has the right to vote and is domiciled in the canton is eligible for a position within a cantonal or communal authority. Persons under guardianship are not eligible. Legislation determines the cases in which eligibility is not contingent upon the status of an elector or the obligation to be domiciled in the canton.
The legislation regulates the procedures related to initiatives, referendums, votes, and elections.
The legislation determines, among the matters that fall under the competence of the Communal Assemblies, those which require the organization of a popular consultation by ballot.
Popular elections in the canton and the municipalities, as well as elections incumbent upon the Grand Council, are held every four years, unless otherwise provided by legislation.
The Council of State and the Municipal Council appoint, for a term of four years, the permanent authorities and commissions that are provided for by law and perform their activities as ancillary duties.
Vacancies that occur during a four-year administrative period must be filled anew for the remainder of that period.
The term of office is limited to sixteen years for members of the Grand Council, the courts, and the municipal councils.
The rule does not apply to the presidents of the courts.
No person who, as a principal occupation or full-time, is connected to the canton by a service relationship or employment contract is eligible for a position within a cantonal authority that is hierarchically superior to them or the executive of a political municipality or district. Legislation may provide for additional restrictions.
No person who, as a principal occupation or full-time, is connected to a municipality by a service relationship or employment contract is eligible for a position within a municipal authority that is hierarchically superior to them.
No person who, as a principal occupation or full-time, is connected to a public legal entity by a service relationship or employment contract can be elected to the appointment authority of the entity.
No individual may serve simultaneously on the Council of State, the Grand Council, in a court or other judicial authority, on a commission, or in a communal authority with: 1. a person related by blood or marriage in direct line or collateral line up to the third degree; 2. his or her spouse or the spouse of one of his or her siblings; 3. his or her registered partner or the registered partner of one of his or her siblings; 4. a person with whom he or she is effectively living as a couple.
The rules of personal incompatibility based on marriage or registered partnership also apply when the marriage or partnership has ended.
If necessary, the individual who must withdraw due to personal incompatibility will be selected by drawing lots.
The administrative year of the cantonal and communal authorities begins on July 1 and ends on June 30, unless otherwise provided by legislation or municipal regulation.
A position may be resigned at the end of the administrative year. Legislation may provide for exceptional cases of early withdrawal.
The canton, the municipalities, and other public law entities and institutions are liable for damages unlawfully caused by their organs in the exercise of public authority.
They are also liable for damages lawfully caused by their organs when individuals suffer harm to such an extent that they cannot reasonably bear the consequences alone.
Members of authorities and employees are responsible, within the limits of the law, for the acts they perform in the exercise of their functions.
At the beginning of the legislature or the term of office, the members of the Grand Council, the Council of State, and the courts take an oath or make a promise to respect the constitution and the laws and to faithfully fulfill their duties. Legislation further determines who else must be bound by the oath or promise.
The deliberations of the Grand Council and the Communal Assembly are public, as are judicial proceedings, except for the deliberations preceding the judgment. Legislation enumerates the cases in which the canton or private individuals have an interest in non-public proceedings; it defines the scope of the right to access files.
Active citizens elect by secret ballot: a. the Grand Council and the Constitutional Assembly; b. the Council of State; c. the deputy to the Council of States; d. the presidents of the Supreme Court, the Administrative Court, and the Cantonal Court; e. the members of the Supreme Court, the Administrative Court, and the Cantonal Court.
The following are subject to popular vote at the polls: a. the adoption and amendment of the cantonal constitution as well as the decision to proceed with a total revision; b. the exercise of the right of initiative of the cantons provided for in Art. 93, para. 2, of the Federal Constitution, when a popular initiative proposes this exercise and the Grand Council opposes it; c. the popular initiative which, having been regularly concluded, concerns a law or a financial decree, if the Grand Council does not approve it or opposes it with a counter-proposal.
Upon request, the following are submitted to a vote: a. the adoption, amendment, or repeal of a law; b. decisions concerning all single expenditures that are freely determinable and allocated to a specific purpose, where the amount exceeds one million francs, and annually renewable expenditures where the amount exceeds 200,000 francs.
A popular vote takes place if: a. one-third of the members of the Grand Council request it; b. 100 active citizens request it within 30 days following the official publication of the legislative text or decree.
The general and abstract provisions that confer rights or establish obligations for natural and legal persons, as well as those that determine the organization of the canton and the municipalities, shall be enacted in the form of law.
A popular initiative is successful when: a. 500 active citizens request a total or partial revision of the cantonal constitution; b. 500 active citizens request the adoption, repeal, or amendment of a law or a financial decree subject to an optional referendum; c. 500 citizens request that the canton exercises the right of initiative conferred upon it by Art. 93, para. 2, of the Federal Constitution. A popular motion is successful when an active citizen or a Municipal Council requests the adoption, repeal, or amendment of a law or a financial decree subject to an optional referendum and the Grand Council supports their request.
Initiatives may take the form of proposals framed in general terms or, if they do not aim at a total revision of the constitution, of fully drafted proposals.
Initiatives must not be contrary to federal law or the cantonal constitution, unless they aim at a revision of the latter.
They must concern only one substantive matter and must be accompanied by a rationale.
An initiative formulated in general terms must be submitted to a popular vote within one year if the Grand Council does not approve it. If the Grand Council approves it or the people accept it, the Grand Council shall draft a text, which must be submitted to a popular vote within two years.
The Grand Council must process fully drafted popular initiatives that are in accordance with the constitution in such a manner that they are submitted to a popular vote, possibly accompanied by a counter-proposal, within a two-year period.
Repealed
The Grand Council is composed of 55 members. It is elected by proportional representation.
The seats are distributed among the municipalities proportionally to the resident population. The determinant for this purpose is the state of the population as of December 31st of the second-to-last year preceding the election. Each municipality is entitled to a minimum of four seats in the Grand Council.
Every four years, new general elections are held.
The Grand Council elects its president and vice-president, as well as the tellers, for one year, all chosen from among its members.
The Grand Council publishes internal regulations regarding its deliberations.
The members of the Council of State participate in the deliberations of the Grand Council with a consultative voice and the right to make proposals.
The Grand Council shall be convened by its president: a. when the regulations require it or the council decides; b. upon request of the Council of State; c. when one third of the members of the council request it in writing, specifying the subjects to be addressed.
The Grand Council elects each year the Landammann, chosen from among the members of the Council of State, and the Vice-Landammann (Landstatthalter). The Landammann is not immediately eligible for re-election to this position. A member of the Council of State may not serve more than four times as Landammann.
Furthermore, the Grand Council elects, for the duration of the constitutional legislature: a. the Vice-Presidents of the Supreme Court, the Administrative Court, and the Cantonal Court, chosen from among the members of these courts; b. the State Chancellor, on the proposal of the Council of State; c. the prosecutors and, among them, the Attorney General and their deputy, as well as the juvenile prosecutor and their deputy; d. ... e. ... f. the Cantonal Commission for Management and Audit of Accounts; g. other authorities and commissions whose election, by law, falls to the Grand Council.
The Grand Council is furthermore competent to: 1. examine projects and make proposals for popular votes; 2. interpret the cantonal constitution, laws, and ordinances, excluding matters pending before the judge; 3. exercise high oversight over the cantonal administration and the administration of justice, notably by examining and approving management reports; 4. establish the annual budget, examine and approve the State account, the administrative accounts, and the accounts of special funds; 5. decide on the expenditures incumbent upon the canton pursuant to federal law, the expenditures which the Grand Council is authorized to determine under a law, and, subject to financial referendum, the one-time expenditures freely determinable and allocated to the same purpose as well as renewable annual expenditures, when they do not fall under the competence of the Council of State; 6. acquire land intended for the realization of tasks incumbent upon the canton; 7. decide on the launching and renewal of long-term loans; 8. exercise the right of pardon for custodial sentences; 9. decide on the conflicts of competence between cantonal authorities and between a cantonal authority and a municipal authority; [tab] 10. decide on the constitutionality (admissibility) of popular initiatives and process them; [tab] 11. ... 12. exercise the rights recognized to the canton by the federal constitution with regard to the Confederation; 13. decide on adherence to a concordat and conclude legal agreements with the diocese, subject to financial referendum and the competences delegated by legislation to the Council of State; 14. undertake all other tasks entrusted to it pursuant to legislation.
The Grand Council is competent for the adoption of: 1. autonomous ordinances on matters of secondary importance; 2. executive ordinances for provisions of federal law and cantonal laws; 3. ordinances that are based on a delegation of powers.
The State Council is composed of five members.
The legislation determines the tasks and responsibilities of the various departments of the State Council.
The allocation of departments is the responsibility of the State Council.
The Council of State is competent to enact: 1. implementing provisions for federal law prescriptions, provided they are limited to regulating procedure and competence; 2. implementing provisions for cantonal laws that provide for delegation to the Council of State as well as ordinances of the Grand Council; 3. urgent decrees of limited duration. These must be submitted to the Grand Council as soon as possible, which decides whether they should continue to be applied and until what term.
The Council of State is the highest executive authority of the canton; it is required to manage all matters within the attributions of a government. It represents the canton externally.
The Council of State is, in particular, competent to: 1. execute the constitution, laws, and ordinances by making decisions itself and issuing instructions to the administration; 2. execute decisions and orders of other cantonal authorities, unless this competence is reserved for other bodies; 3. organize the cantonal administration and conduct elections and appointments when the legislation does not set other organizational rules nor entrust other bodies with the responsibility for conducting elections and appointments; 4. supervise the entire state administration and monitor within the legal limits the municipalities, corporations, as well as autonomous collectives and establishments; 5. rule on appeals against municipalities and corporations, as well as against departments, if the courts are not competent; 6. grant cantonal concessions; 7. grant authorizations and licenses, unless this competence has been entrusted by legislation to another authority; 8. decide, subject to broader powers conferred by legislation or by an order of the Grand Council, on one-time expenditures freely determinable up to 200,000 francs, concerning a single object, as well as expenditures up to 50,000 francs renewable annually; 9. administer the cantonal assets, namely, to ensure the maintenance of cantonal buildings and facilities; 10. give opinions; [tab] 11. ... 12. exercise the right of pardon, unless this competence is reserved for the Grand Council; 13. perform all tasks entrusted to it by legislation.
The courts administer justice with complete independence and are subject only to the law and legal statutes.
Judicial authorities are under the supervision of the Supreme Court and the high supervision of the Grand Council.
The courts manage themselves within the limits established by law. To this end, the Supreme Court represents the other courts in their dealings with other authorities. It regularly submits a management report to the Grand Council.
The presidents of the courts are authorized, subject to broader powers that may arise from legislation or a decree by the Grand Council, to incur expenses within the limits of the approved budget.
The organization, composition, duties, and powers of the courts and judicial authorities are governed by law. The procedure is regulated by ordinances.
In matters of civil law, the judicial authorities are: the conciliation authority, the presidents of the Cantonal Court, the Cantonal Court, the Supreme Court, and its president. Arbitration tribunals are reserved.
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Criminal justice is administered by: the public prosecutor's office, the president of the Cantonal Court, the Cantonal Court, the Supreme Court, and its president.
Juvenile criminal justice is administered by: the public prosecutor's office for minors, the president of the Cantonal Court, the Cantonal Court acting as the juvenile court, the Supreme Court, and its president.
In administrative matters, justice is administered by the Administrative Court or its president, unless the law grants this competence to the Grand Council, the Council of State, or an independent appellate authority, elected by the Grand Council.
The law may establish a special court as the Administrative Court or assign this task to the Supreme Court.
The municipalities are autonomous entities under public law.
The existence and autonomy of the municipalities are guaranteed by the canton.
The municipalities independently regulate all matters within their competence within the limits of the legislation.
The assets of the municipalities must be carefully managed and judiciously used for the tasks that are incumbent upon them.
The municipalities may operate joint institutions or enterprises and create intermunicipal associations under public law.
The organization of any intermunicipal association must be subject to a special statute.
Legislation may establish provisions with general binding force to regulate the creation and administration of specific intermunicipal associations.
The Municipal Assembly, the Municipal Council, the municipal president, and the audit commission are the municipal bodies.
The audit commission consists of three to five members, who cannot be part of the Municipal Council. It is required to examine the financial system, particularly the municipality's accounts, and present proposals to the Municipal Assembly.
The law may establish other provisions concerning the organization of the municipality.
Moreover, the organization and administration of the municipality may be subject to a municipal regulation.
Every active citizen has the right to submit requests to the Communal Council at any time, either in the form of a proposal conceived in general terms or in the form of a fully drafted project, concerning matters that fall within the competence of the Communal Assembly. The Communal Council is obliged to submit these requests to a popular vote within one year. If a proposal designed in general terms is accepted, a detailed project must be submitted to the Communal Assembly within a year.
The proposals may only relate to a single subject and must be justified.
Ordinances and regulations having general binding force, adopted or amended by the Communal Council, must be submitted to the Communal Assembly within 30 days following their publication, when 50 active citizens request it in writing.
An appeal may be lodged within 20 days with the Council of State against the decisions of the Communal Council and the Communal Assembly.
The ordinary civil procedure is reserved in the case of infringement of private rights.
Municipalities are subject to the oversight of the Council of State. The powers of the Council of State in this matter are limited to the legality of decisions, unless legislation provides otherwise.
In the case of a serious breach of duties, the Council of State may order appropriate measures and, if necessary, restrict a municipality's right to self-administration. The municipal authority affected by these measures has the right to appeal to the Grand Council within 20 days.
Municipal ordinances are subject to the formal approval of the Council of State.
The following are considered as municipalities: 1. the political municipalities and the district municipalities; 2. the civic communities; 3. the parishes.
All individuals residing within the municipal boundaries constitute the political commune.
The political commune regulates, within the limits of legislation, all local matters that do not fall under the jurisdiction of the Confederation, the canton, or another type of commune.
The Communal Assembly is composed of active citizens residing in the commune.
It must be convened at least once a year, ordinarily in the spring.
Extraordinary assemblies shall take place whenever the Communal Council decides or when ten percent of the citizens with voting rights request it in writing, specifying the matters to be addressed. In this case, the Communal Assembly must take place within three months following the receipt of the request.
The location, date, and agenda items shall be publicly announced one week in advance.
The Communal Assembly has the following competencies: 1. to determine the number of Communal Councilors, which shall range from five to thirteen; 2. to elect for an administrative period of four years: a. the communal councilors, b. the members of the Grand Council, c. ... d. the communal usher, e. the accounts verification commission; 3. to elect the president and vice-president of the Communal Council, who are referred to in Engelberg as talammann and statthalter, for a duration of one year, unless the communal regulations provide for a longer term; 4. to decide on the adoption, repeal, and amendment of ordinances and regulations having general obligatory force, if an initiative has been submitted or if a referendum has been requested; 5. to approve, each year, the accounts of the commune and the budget; 6. to determine the tax rate; 7. to make decisions regarding proposals from the Communal Council and the electors.
The Communal Council has the following competencies: 1. to approve the minutes of the Communal Assembly; 2. to execute the decisions of the Communal Assembly; 3. to apply the constitution, laws, ordinances, and regulations, as well as to execute decisions and directives from cantonal authorities; 4. to prepare proposals to be submitted to the Communal Assembly; 5. to ensure public peace, order, morals, and public health; 6. to establish the budget; 7. to decide on any single, freely determinable expenditure up to 50,000 francs, concerning a single object, expenditures up to 10,000 francs renewable annually, subject to other limits provided by the communal regulation, expenditures incumbent on the communes under legislation or for which the Communal Council has broader powers based on legislation or a decree from the Communal Assembly, as well as expenditures relating to the maintenance of buildings, installations, and equipment owned by the commune; 8. to adopt ordinances and regulations; 9. to appoint communal staff and conclude necessary contracts; 10. to manage the communal assets.
Within a political municipality, specifically delineated territories may be organized into district municipalities for the purpose of fulfilling certain tasks of the political municipality; these municipalities have their own administrative authorities and may adopt special regulations for this purpose.
The provisions relating to the political municipality apply analogously to the election of these authorities and the creation of the necessary organization.
District municipalities may be abolished and reintegrated into the political municipality.
The establishment and abolition of district municipalities must be approved by the assembly of the political municipality, the assembly of the district municipality, and the Council of State.
The bourgeois municipality is composed of all persons holding the right of citizenship in the municipality, regardless of their domicile.
It regulates all matters that fall within its competence pursuant to the law.
The assembly of the bourgeois community is composed of the bourgeois residents who have the right to vote in the community. Other active citizens of the community may also vote if the matters to be addressed do not exclusively concern the bourgeois community.
The assembly of the bourgeois commune has the following competencies: 1. the election, for an administrative period of four years, of a bourgeois council comprising five to nine members; 2. it grants municipal citizenship to foreigners.
The assembly of the bourgeois commune may, in the municipal regulation, delegate the competence to grant municipal citizenship to foreigners to the bourgeois council or to a naturalization commission.
If it delegates this competence to a naturalization commission, it may also assign it the competence, in the municipal regulation, to grant municipal citizenship to Swiss citizens.
Provisions relating to the political commune apply analogously to other attributions.
The Bourgeois Council is competent to grant the right of communal citizenship to Swiss citizens.
The other competencies of the Bourgeois Council are defined by analogy to those of the Communal Council.
When the bourgeois municipality has only a small number of functions remaining, the Assembly of the bourgeois municipality may entrust the political municipality with the protection of its interests and relinquish its own legal personality.
Persons of the Catholic faith within the political municipality form the Catholic parish. An independent Catholic parish with its own Parish Council can be established by decision of a denominational assembly or by law. Financial disputes between the municipality and the parish resulting from such separation are resolved by the Administrative Court.
The existing Evangelical Reformed parish is recognized by public law. Other similar parishes may be established subject to the approval of the Grand Council.
The parishes of each denomination may form a federation of parishes for their external representation, to settle common affairs, and to establish a fair financial equalization.
The members of a recognized public-law ecclesiastical community who reside within the parish district belong to that parish.
The right to vote and the electorate of the parish members are governed by the provisions applicable to the political municipality. They may be granted to other members of the parish pursuant to the law or a decision by the parish.
The priest and the pastor hold office ex officio on the Parish Council and have the right to vote, as do the chaplains, to the extent that matters related to their ministry are being addressed.
The boundaries of a Catholic parish generally correspond to the territory of the political commune. Parishes may be merged or divided at the request of a parish and by decree of the Grand Council.
The diocesan bishop is competent to modify parish boundaries and to establish new parishes; he makes a decision after consulting the interested Parish Council. If, as a result of the division or merger of parishes, a change in boundaries becomes necessary, the Parish Council must reach an agreement on this with the diocesan bishop.
The Reformed Evangelical Parish has the right to organize itself into one or more parish districts.
The parishes administer their assets in accordance with the purposes to which they are allocated and based on the specific obligations encumbering the funds belonging to them. If a parish administers the assets of legal entities, it must present accounts to the bishop. Supervision is exercised by the State Council.
Parish taxes that allow parishes to meet their financial needs are governed by tax legislation.
Catholic parishes have, subject to preferential rights and particular duties incumbent upon third parties, and by virtue of special titles, the primary responsibility of appointing clergy and providing for the financial needs of the parishes. They may take on other responsibilities.
The oversight and administration of chapels fall under the jurisdiction of the municipal communes, subject to special circumstances. These functions and any possible commitments can be transferred by contract to the parishes. For matters related to the oversight and administration of chapels, the parish priest and chapel clergy sit on the Municipal Council and have the right to vote.
The Reformed Evangelical parish manages its internal affairs autonomously.
If multiple parishes are established in the canton, they may freely allocate competencies concerning internal affairs among themselves and the federation of parishes.
Existing Corporations, Teilsamen, and Alpine Societies are recognized as ancient public law institutions intended to administer the assets of the bourgeoisie.
They are guaranteed the management of their assets and the free disposition of their proceeds.
When investing and managing assets, particularly in the alienation of real estate, consideration should be given to economic development and the improvement of the community's prosperity.
The creation and merger of Corporations, Teilsamen, and Alpine Societies must be approved by the Grand Council.
The right to vote and eligibility are regulated by statute, as well as the organization.
The provisions concerning the supervision exercised by the Council of State over the municipalities apply by analogy to Corporations, "Teilsamen" and Mountain Pasture Societies.
The cantonal constitution can be completely or partially amended at any time.
Partial revision of the constitution is conducted according to the rules of the legislative procedure, and the revision is subject to a mandatory popular vote.
The decision to completely revise the constitution is made according to the rules of the legislative procedure and is subject to mandatory popular vote.
If the total revision of the constitution is decided, the drafting of the new constitution falls to a Constituent Assembly.
The Constituent Assembly is elected according to the rules applicable to the election of the Grand Council. All active citizens residing in the canton are eligible.
The draft prepared by the Constituent Assembly is submitted to a secret popular ballot. If it is rejected, a new draft must be submitted to a public vote within three years. If the latter also rejects the second text, the request for a total revision is deemed void.
New constitutional provisions are accepted if the proposal is approved by a simple majority of votes during a ballot vote.
The implementation of all or part of the new constitutional provisions may be deferred under special prescriptions: a. until the granting of federal guarantee; b. until the laws have been adapted accordingly.
The provisions related to the powers of the Landsgemeinde and the matters submitted to a vote at the polls shall come into force once the people have accepted the new constitution. In all other respects, the new constitution shall come into force on the day of the Landsgemeinde in 1969.
If certain provisions of the former constitution are necessary for the existence and functioning of cantonal and communal bodies, they shall remain in force until the adoption of new legislation. The competent bodies must adapt to this constitution the laws and ordinances that are in contradiction with it. Ordinances whose form alone requires modification under the constitution shall remain valid until the adoption of new provisions by the competent authorities.
Financial decrees and ordinances of the Grand Council against which a referendum was successfully invoked under the former law shall be submitted to a popular vote at the ballot. The same applies to financial decrees and ordinances subject to a referendum request, for which the signature collection deadline is still running at the time of the entry into force of this constitutional revision, and which are subsequently successful.
Amendments to ordinances in force of the Grand Council, which, under the former law, were subject to an optional referendum, are, until their replacement or repeal, subject to the optional referendum that the new law provides for laws.
When the provisions of the new constitution differ from the previous legislation regarding the deadline for appeals against decisions of the Municipal Council or the Municipal Assembly, this deadline shall be 20 days from the entry into force of the new constitution.
Catholic citizens with the right to vote in the six old municipalities must, within five years following the entry into force of the new constitution, decide through a municipal vote whether they wish to create independent parishes, each with its own Parish Council.
The Grand Council may issue, by way of ordinances, any transitional provisions that may still be necessary.
The administrative period from 1994 to 1998 for the municipal councils is extended by two years. The next full renewal of the municipal councils will take place in the year 2000.
If, within a municipal council, seats become vacant before the extended administrative period ends, individual supplementary elections must be organized.
If this constitutional addendum is adopted, the following elections are organized: a. in 2002, for the first time, regarding the full renewal of the State Council; the administrative period of the State Council elected in 1996 is extended until 2002; b. in 2003, for the first time and simultaneously with the election to the National Council, regarding the election of the deputy to the Council of States; c. in the year 2000, for the first time, regarding the courts.
If a member of the State Council, a judge, or the deputy to the Council of States resigns before the new elections are organized, or if the term of one of them expires earlier, supplementary elections are held.
The State Council sets, if necessary, the applicable guidelines for a popular election at the polls.
Amendments to the constitutional provisions concerning personal incompatibilities shall apply for the first time to terms of office commencing on July 1, 2008.
The law of May 24, 1959, on the procedure for voting and communal elections is amended as follows: Article 11 is supplemented by paragraph 2
Similarly, the bodies or voters mentioned in paragraph 1 may decide that voting at the polls or a possible second round of voting must take place outside the Communal Assembly. Article 16 is supplemented by paragraph 5
During voting at the polls or rounds of voting outside the Communal Assembly, eligibility is not limited to submitted candidate lists, and lists may be withdrawn with the consent of the proposed candidates.
Article 34, paragraphs 1 and 3, of the Public Administration Act of June 8, 1997, is repealed. The new title is as follows: "Early Withdrawal."
The bodies designated in the previous legislation remain competent to adjudicate matters of an administrative nature until the adoption of the new law on judicial organization.
The Grand Council is authorized to bring into harmony with the federal constitution the provisions of the present constitution that the Federal Assembly may declare to be contrary to the federal constitution.