Constitution of the Canton of Basel-Landschaft, (1984) - Role of the Canton

The Canton of Basel-Landschaft is a sovereign canton of the Swiss Confederation. It actively participates in the organization of the Confederation and supports the central State in the fulfillment of its tasks. Its authorities act to ensure that it becomes a full-fledged canton, possessing a full vote in the voting of the cantons and two representatives in the Council of States.

The power resides with the entire people.

It is exercised by the active citizens and by the authorities.

The authorities of the Canton of Basel-Landschaft strive to strengthen collaboration within the region and Northwestern Switzerland. They cooperate with the authorities of other cantons—particularly those of the Cantons of Basel-Stadt, Aargau, Solothurn, and Jura—and with the municipalities of the region and neighboring foreign regions to accomplish common or regional tasks.

They endeavor to conclude agreements with Swiss and foreign authorities from the region, particularly Northwestern Switzerland, to create common institutions, regulate the distribution of burdens, and harmonize legislation.

They act to obtain the support of the Confederation for projects of regional, intercantonal, and international interest.

Rules should be established to ensure effective collaboration among authorities. The State Council may, for this purpose, take appropriate measures—if necessary, with the authorities of the concerned cantons and territorial collectivities—and in particular, commission studies to simulate the collaboration mandate as per paragraphs 1 to 3.

Democratic participation rights must be guaranteed.

All authorities must respect the Constitution and the law.

Their actions must be guided by the public interest and be proportionate to their purpose.

The authorities and individuals shall act in accordance with the rules of good faith.

Human dignity is inviolable.

Everyone must respect it, and the most noble task of the State is to protect it.

The State protects individual freedoms. The following are particularly guaranteed: a. the right to life, integrity of body and mind, as well as freedom of movement; b. freedom of belief and conscience; c. freedom of information, opinion, and press; d. freedom of association, assembly, and demonstration; e. freedom of education, research, and art; f. protection of privacy, postal and telecommunications secrecy, as well as domicile; g. protection against data misuse; h. the right to marriage and family; i. freedom of establishment; k. the right to freely choose and practice a profession as well as to freely engage in economic activity.

Property and proprietary rights are protected. The canton and municipalities encourage the acquisition of property by individuals for personal use.

Men and women are all equal before the law.

No one shall particularly suffer a disadvantage or gain an advantage based on their sex, birth, origin, race, social status, or their philosophical, political, or religious beliefs.

Men and women are equal in rights. The canton and the municipalities ensure equality.

All the rights guaranteed to individuals by this Constitution, all the duties it imposes on them, as well as the popular rights, equally belong to both men and women.

Everyone has the right to legal protection. This protection is free for individuals in modest circumstances.

The canton and the municipalities promote the knowledge of the law and the free provision of legal information.

In all cases, the parties have the right to be heard and to obtain, within a reasonable time, a reasoned decision indicating the avenues for appeal.

Any person who is deprived of their freedom of movement has the right: a. to be informed immediately and comprehensively of the reasons for this measure and their rights; b. to be heard by an authority determined by law within the time frame set by law following their arrest; c. to have the deprivation of liberty reviewed by a court.

Everyone can, without any prejudice to them, submit petitions or other requests to the authorities. The authorities shall respond within a reasonable period.

Everyone can address the mediator.

Legislative acts cannot have retroactive effect when such retroactivity extends over an excessive duration or imposes disproportionate burdens.

Legislative acts that are subject to a popular vote shall enter into force no earlier than the day following the vote. All other legislative acts shall, as a general rule, enter into force no earlier than eight days after having been duly published.

The canton and the municipalities are liable for damages caused unlawfully by their authorities.

They are also liable for damages caused lawfully by their authorities if individuals suffer significant harm and cannot reasonably be expected to bear the burden alone.

Anyone unjustifiably and significantly restricted in their personal liberty has the right to compensation for damages as well as compensation for moral harm.

In the event of expropriation or significant restriction of property, compensation corresponding to the restriction is provided.

Fundamental rights must be realized in all areas of the legal order.

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

In particular, no one may infringe upon them by abusing their dominant position.

Fundamental rights may only be limited when an overriding public interest justifies it. They must not be undermined in their essence.

Limitations of fundamental rights require a legal basis; the more severe ones must be expressly stipulated by law. Exceptions are made for cases of serious, obvious, and imminent danger.

The fundamental rights of persons who are in a special relationship of dependency with the State may only be further limited to the extent required by the particular public interest that justified the establishment of this relationship.

Arrests, searches, and seizures may only be carried out in the cases and forms provided for by law. Torture and other treatments contrary to human dignity are in no case admissible.

Everyone has the right to receive aid and assistance in distressing situations, as well as the necessary means to lead a life consistent with human dignity.

The canton and municipalities shall particularly protect persons who require assistance due to their age, health condition, or economic and social situation.

Within the scope of their competencies and available resources, and to complement efforts stemming from personal responsibility and initiative, the canton and the municipalities shall ensure that: a. everyone can obtain, at any age, an education that corresponds to their aptitudes and preferences, and participate in cultural life; b. everyone can, under reasonable conditions, support themselves through work; c. everyone receives equal pay for equal work and benefits from paid vacations and sufficient rest opportunities; d. everyone can, under reasonable conditions, find suitable housing and, as tenants, be protected against abuse.

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

Within the framework of federal law, the law may grant a right to naturalization.

Naturalization cannot be made more difficult by disproportionate burdens.

Everyone must fulfill the duties imposed on them by the legal order of the Confederation, the canton, and the municipality.

The right to vote is guaranteed.

Every person who has Swiss nationality, is at least 18 years old, has their political domicile in the canton of Basel-Landschaft, and is not prohibited due to mental illness or weakness of mind, has the right to vote.

The law regulates the voting rights of Swiss citizens abroad and in the municipal corporations.

Active citizens have the right: a. to participate in cantonal and communal referendums; b. to submit electoral lists, to participate in elections, and to be elected to public office; c. to launch and sign popular initiatives and referendum requests.

Every active citizen is entitled to ensure that, during elections and voting, the will of all active citizens can be determined securely and expressed without distortion.

The right to vote is exercised in the municipality of residence. The law regulates the exceptions.

Every person who possesses Swiss nationality acquires the right to vote on cantonal and municipal matters upon establishing residence.

The secrecy of the vote must be preserved during elections and voting by ballot.

The canton and the municipalities ensure that the right to vote can be exercised without excessive complications.

The people elect the representatives of the Canton of Basel-Landschaft to the National Council and the Council of States by voting.

The members of both Councils are elected for the same duration.

The people elect by ballot: a. the Grand Council; b. the Council of State; c. ... d. the justices of the peace.

The law may provide for other elections by the people.

The people elect by means of the ballot: a. the general council or the municipal commission; b. the municipal council; c. the president of the commune.

The law or municipal regulations may provide for other elections by means of the ballot or by the municipal assembly.

The municipalities may provide in their regulations that members of their authorities are not immediately eligible for re-election to their office if they have already held it for a determined period.

The Grand Council and the general councils are elected according to the system of proportional representation.

For all other authorities, the majority system is applied unless the municipal regulations prescribe the system of proportional representation.

1,500 active citizens may, through a drafted or non-drafted initiative, request that constitutional or legal provisions be enacted, amended, or repealed.

The deadline for submitting the signatures is two years.

A drafted initiative contains a written draft. It is expressly submitted either as a constitutional initiative or as a legislative initiative.

Through a non-drafted initiative, the signatories request the Grand Council to draft a proposal in accordance with the wishes of the initiative.

An initiative aimed at a total revision of the Constitution may not contain directives or a draft.

The right of active citizens to submit initiatives in the municipalities is governed by the provisions of the law and municipal regulations.

The Grand Council declares initiatives that are impossible or manifestly contrary to law as invalid.

Written initiatives are submitted to a public vote within 18 months without any changes in form or content. ...

If the Grand Council does not approve an unwritten initiative, it is submitted to a public vote within two years. If the people or the Grand Council approve the initiative, the Grand Council drafts a proposal to implement it within two years. It determines whether the text will be of constitutional or legal degree.

The law regulates exceptions and consequences in case of non-compliance with the deadline for processing popular initiatives.

The Grand Council may oppose a counter-proposal to any initiative.

The following are subject to a popular vote: a. amendments to the Constitution and international treaties that amend the constitution; b. laws and international treaties that contain provisions of a legal level and legislative acts developed on the basis of an unwritten initiative that has been withdrawn, if they have been adopted by a majority that is less than four-fifths of the members present in the Grand Council or if the Grand Council decides, by a separate decree, to submit them to a mandatory referendum; c. written initiatives and the counter-proposals that are opposed to them at the same time; d. unwritten initiatives that the Grand Council rejects, the counter-proposals that are opposed to them at the same time, and legislative acts developed on the basis of an unwritten initiative; e. decisions of the municipal assembly or the general council in accordance with the provisions of the law and the municipal regulations.

The following shall be submitted to a vote by the people upon the request of 1,500 active citizens: a. decisions made by the Grand Council on plans that are binding, of fundamental importance, and are subject to an optional referendum according to the Constitution or law; b. decisions made by the Grand Council regarding new and unique expenditures exceeding one million francs or recurring new expenditures each year exceeding 200,000 francs; c. laws and international treaties that contain provisions of a legal nature and legislative acts developed based on a withdrawn non-drafted initiative, if they are not subject to a mandatory referendum; d. as an exception to § 63, para. 3, the determination by decree of the rate of the cantonal income tax for the upcoming fiscal year if its value is other than 100% of the cantonal tax usually levied on the income of individuals.

The request must be submitted within eight weeks following publication.

Decisions by the communal assembly and the general council are subject to an optional referendum in accordance with the provisions of the law and the communal regulations.

Popular referenda may take place on fundamental questions that arise in the context of formulating constitutional and legal provisions and in connection with decisions on planning matters. Variants may be presented.

When developing proposals, the authorities are bound by the results of referenda that have taken place on fundamental questions.

In referenda on legislative acts or decisions, the vote may concern both the entirety of the act or decision and specific provisions thereof.

The law regulates the procedure for votes on multiple issues, particularly during votes on an initiative accompanied by a counter-proposal and during votes on principle questions with variations.

The following directives must be adhered to: a. the procedure must be simple and understandable and prevent abuse; b. through their vote, the active citizen must be able to indicate which of the different issues they prefer.

To be accepted, an issue must receive the majority of valid votes.

The public shall be informed in a timely manner during the development of legislative acts or decisions of the Grand Council. Interested parties shall be heard in appropriate forms. Everyone may make proposals.

Regarding projects subject to a referendum, political parties and interested organizations shall be consulted.

The Council of State shall ensure balanced information to active citizens.

Political parties and organizations contribute to forming the opinion and will of the people. The canton supports political parties in the accomplishment of this task provided that their organization conforms to the principles of democracy, they demonstrate regular and comprehensive activity in a significant part of the canton, and they publicly account for the origin and use of their resources.

The legislator cannot delegate to other bodies the competence to enact fundamental or important provisions.

The Grand Council or, exceptionally, the Council of State, may be authorized by law to make final decisions on new expenditures.

Any active citizen may appeal to the Constitutional Court for violations of voting rights. In particular, the following may be challenged: a. violation of voting rights; b. irregular preparation or conduct of elections or referendums; c. non-compliance with popular initiatives by the Grand Council; d. inadmissible delegation of the people's competences to other bodies.

The law contains more precise provisions concerning the content and exercise of popular rights as well as political parties.

The Canton of Basel-Landschaft comprises the territory guaranteed to it by the Swiss Confederation.

Modifications to the cantonal territory must be subject to a popular vote.

Border adjustments must be approved by the Grand Council.

The capital of the Canton of Basel-Country is Liestal.

The Grand Council, the Council of State, and the Cantonal Court are seated in Liestal.

Districts are territorial organizations responsible for carrying out public tasks.

The canton comprises the districts of Arlesheim, Laufon, Liestal, Sissach, and Waldenburg.

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

The canton is divided into two civil justice districts.

The law regulates the division of the cantonal territory between these two civil justice districts.

Cantonal elections and popular votes are organized within electoral districts contained within the boundaries of the districts.

...

The law governs the duties, number, and organization of the electoral districts.

The municipalities are autonomous corporations of public law.

The municipal municipalities carry out tasks of local importance insofar as these are not within the competence of other organizations, as well as tasks that are delegated to them by the canton.

The civic municipalities grant the right of citizenship, promote cultural life, administer civic property, and manage their forests. They collaborate with the municipal municipalities.

In the absence of a civic municipality, the municipal municipality grants the right of citizenship.

Within the limits of the Constitution and the laws, the communes have the authority to self-organize, elect their authorities, hire their employees, execute their own tasks according to their own discretion, and autonomously administer public affairs under their jurisdiction.

All cantonal bodies respect and protect the autonomy of the communes. ...

The State Council oversees the communes.

The merging and division of municipal communes must be approved by the concerned communes or parts of communes through a ballot vote and regulated by law.

Boundary modifications must be approved by the concerned communes through a ballot vote as well as by the Grand Council.

Boundary adjustments between municipal communes must be approved by the State Council.

A civil commune may merge with a municipal commune when both decide to do so through a ballot vote. The decision of the civil commune must be made by a two-thirds majority of the voters.

When there is no existing civil commune, such a commune may be created through a ballot vote if the municipal commune and two-thirds of the citizens participating in the vote decide so.

Within the limits of the Constitution and the laws, the municipal communes establish their organization in a municipal regulation. According to the ordinary communal organization, popular rights are exercised through the ballot box and in the communal assembly; according to the extraordinary communal organization, through the ballot box and by the general council. The communal council is the highest executive authority. It directs the administration.

In the assignment of tasks, the authorities enacting legislative acts follow the principle of the primacy of municipalities (subsidiarity). They take into account, whenever possible, the principle whereby the public authority responsible for a given task is the one that possesses the necessary financial means for its accomplishment (fiscal equivalence).

They grant the municipalities as much freedom as possible regarding regulation and execution (municipal autonomy) and may provide for varying regulations according to the municipalities (variability).

They may provide for the delegation of cantonal execution tasks to municipalities or associations of municipalities that request it.

The municipalities strive to collaborate. The canton supports them in these efforts.

The collaboration aims for increased efficiency in the execution of tasks.

The law: a. may require municipalities to collaborate in the execution of certain tasks; b. regulates the forms of collaboration and the rights of citizen participation.

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Five municipal communes can request: a. that constitutional or legal provisions be enacted, amended, or repealed; b. that an optional referendum be organized.

The provisions concerning popular initiatives and referendum requests emanating from the people are applicable with respect to the conditions and procedure.

During the preparation of legislative acts or decisions by the Grand Council and the Council of State, the concerned communes shall be heard in a timely manner.

The members of the cantonal authorities are elected for an administrative term. The employees of the canton are, in principle, engaged based on a public law contract, unless the Constitution or the law provides for election or appointment for an administrative term.

Every active citizen is eligible for the Grand Council, the Council of State, and the courts.

The law may stipulate that election to other positions is contingent upon being an active citizen.

It may set other conditions for election or appointment.

Members of the Grand Council and the Council of State, the Ombudsman, as well as judges, deputy judges, clerks, and deputy clerks of the Cantonal Court can only be part of one of these authorities.

Judges, clerks of first instance courts, members of the authorities of autonomous cantonal bodies, as well as senior employees of the cantonal administration, cannot be part of the Grand Council.

The law regulates the details.

May not simultaneously belong to the same authority, except for the Grand Council: a. parents and their children; b. siblings; c. spouses; d. grandparents and their grandchildren; e. brothers-in-law and sisters-in-law; f. parents-in-law and their son-in-law or daughter-in-law; g. registered partners; h. individuals living under a registered partnership and the siblings of their partners; i. the parents of individuals living under a registered partnership and the partners of those individuals; k. individuals living under a registered partnership and the children of their partners.

The administrative period is four years for the authorities and employees who are elected.

Anyone who is a member of the Grand Council for four consecutive terms is not eligible for the following term.

Incomplete terms are considered equivalent to complete terms.

The debates of the Grand Council and the courts are public. The law determines the exceptions.

The authorities provide the public with information on their activities.

Any person can have access to the information held by the authorities.

The law governs the details, particularly the protection of public and private interests.

The official language is German.

The authorities and administrative services of the canton and the municipalities also accept requests drafted in another official language of the Confederation.

Members of the authorities and employees must recuse themselves in matters that directly concern them.

The obligation to recuse applies to anyone who is called upon to prepare a decision, provide advice, or make a decision.

Upon assuming office, the members of the authorities pledge to uphold the Constitution and the laws.

The law regulates the liability of members of authorities and employees with respect to the canton and the municipalities.

Members of the Grand Council cannot be prosecuted for their statements made in the Grand Council and its committees. However, the Grand Council may lift this immunity by a two-thirds majority of the members present if it is manifestly abused.

The Grand Council is the legislative authority of the canton. It exercises high supervision over all authorities and bodies that perform cantonal tasks.

It is composed of 90 members.

The members of the Grand Council deliberate and vote without instructions.

They must make public their obligations towards interest groups.

The Grand Council enacts all fundamental and important provisions in the form of law.

Laws are subject to two readings.

The Grand Council may enact implementing provisions in the form of a decree insofar as a law expressly authorizes it. Decrees are not subject to a referendum.

Laws whose entry into force cannot be delayed may be enforced immediately if the Grand Council decides by a two-thirds majority of the members present. The popular vote takes place within six months following the entry into force.

The Grand Council approves: a. treaties subject to the referendum; b. all other treaties insofar as the law does not authorize the State Council to conclude them independently.

If the treaties require amendments to the Constitution or laws, the Grand Council proceeds with these amendments at the same time it approves the treaties.

During the preparation of important treaties that must be submitted for its approval, it may establish commissions that advise the government during negotiations.

The Grand Council approves the fundamental plans concerning State activities, particularly the multi-year mission and financial plan. It enacts the cantonal master plans.

The approval granted binds the Grand Council and all concerned authorities. Any deviation from the plan requires a modification of the plan.

The Grand Council acknowledges the government program.

The Grand Council: a. establishes the budget corresponding to the first year of the mission and financial plan; b. decides on new and one-time expenditures exceeding one million francs as well as new recurring annual expenditures exceeding 200,000 francs; c. approves the annual accounts.

The Grand Council: a. approves the annual reports of the Council of State and the cantonal courts; b. exercises the participatory rights that the Federal Constitution grants to the cantons; c. rules on jurisdictional conflicts insofar as this task does not fall within the remit of a court; d. regulates the salaries, pensions, and retirements paid by the canton; e. elects for one year the president and vice-president of the government as well as, for an administrative period, the president, vice-president, and other members of the cantonal courts, the State Chancellor, and the Ombudsman; f. grants cantonal citizenship rights to foreigners; g. exercises the rights of pardon and amnesty. The law may grant additional competences to the Grand Council.

The Grand Council shall appoint its president and two vice-presidents from among its members, for a term of one year.

The Grand Council may appoint committees from among its members to prepare its discussions.

The law may transfer specific competences of the Grand Council to the committees.

The members of the Grand Council may form groups. Contributions may be granted to the groups as well as to meetings of deputies that do not comprise a sufficient number of members to form a group.

The law regulates the main outlines of the organization of the Grand Council and its relations with the Council of State and the supreme courts.

The regulations of the Grand Council contain other provisions of organization and procedure.

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

It is composed of five members.

Members of the Council of State cannot engage in any remunerated private activities. They may work for profit-oriented enterprises only as representatives of the canton.

Members of the Council of State cannot be part of the Federal Assembly.

The State Council determines the main objectives and means of State action. It plans and coordinates the activities of the State.

At the beginning of each legislative session, it establishes a government program and reports on its implementation at the end of the session.

Each year, it prepares the mission and financial plan draft.

The powers of the electorate and the Grand Council are reserved.

The Council of State submits to the Grand Council proposals for constitutional amendments, laws, and decrees.

It enacts ordinances based on and within the framework of laws and treaties insofar as the law does not exceptionally authorize the Grand Council to enact implementing provisions.

It may also enact ordinances to prevent or cease current or imminent disturbances of public order or security, or to address situations of necessity. Such ordinances must be immediately submitted for the approval of the Grand Council. They cease to have effect no later than one year after entering into force.

The State Council

a. decides on new and one-time expenditures up to one million francs and on new recurring annual expenditures up to 200,000 francs;

b. decides on related expenditures;

c. records fund deposits within the framework of the mission and financial plan;

d. manages the financial assets;

e. prepares the annual accounts.

The State Council is at the head of the cantonal administration. It exercises oversight over other institutions that undertake public tasks.

It ensures that the administration acts in accordance with the law and in an efficient manner and determines, within the limits of the Constitution and laws, the proper organization of the administration.

It decides, to the extent provided by law, on administrative appeals.

It does not apply legislative acts that are contrary to federal law, cantonal constitutional law, or cantonal laws.

The State Council a. maintains public order and security; b. represents the canton domestically and internationally; c. maintains relations with the federal authorities and other cantons; d. concludes, within its competence, treaties and administrative agreements independently; e. conducts elections or appointments to the extent that these are not the responsibility of other bodies; f. grants cantonal citizenship rights to Swiss citizens.

The law may grant additional powers to the State Council.

The Council of State makes its decisions collegially.

The president of the government assumes the presidency. He directs the work and fulfills governmental obligations.

The law may delegate specific decision-making powers of the Council of State to the president of the government.

The cantonal administration consists of five departments and the State Chancellery.

Each member of the State Council heads a department.

The State Chancellery serves as the general coordination service for the Grand Council and the State Council. It is headed by the State Chancellor.

The law determines which auxiliary administrative functions are eligible for all active citizens.

The law may establish autonomous administrative agencies.

To fulfill its tasks, the canton may participate in municipal associations and public or mixed-economy institutions.

It may transfer administrative tasks to autonomous administrative agencies, municipalities, intercantonal or intermunicipal organizations, mixed-economy enterprises, and private law organizations.

The legal protection of citizens and supervision by the Grand Council and the Council of State must be guaranteed in each case.

The law regulates: a. the main aspects of the organization of the Council of State and the cantonal administration; b. the main aspects of personnel law; c. administrative procedure and justice.

Other organizational and procedural provisions are set out in the regulations of the Council of State and in ordinances.

All courts are subject only to the law and are independent in their decisions.

They oversee the administration of justice. The law may authorize them to issue implementing provisions.

The Cantonal Court represents the courts in relations with other authorities.

Civil jurisdiction is exercised by a. the justices of the peace; b. the district civil courts; c. the Cantonal Court.

The law may submit certain disputes to special courts.

Arbitral jurisdiction in matters of pecuniary disputes is recognized. Arbitral awards can be referred to the courts of the canton in accordance with the law.

Criminal jurisdiction is exercised by a. the Criminal Court; b. the Juvenile Court; c. the Court of Coercive Measures; d. the Cantonal Court.

The authorities responsible for criminal prosecution are the police, the public prosecutor's office, and the juvenile prosecutor.

The law regulates the competence of administrative services and municipal authorities to impose fines.

Administrative jurisdiction is exercised by: a. the Tax Court and the Expropriations Court; b. repealed c. repealed d. the Cantonal Court. e. the Court of Coercive Measures.

The Cantonal Court rules on jurisdictional disputes involving administrative authorities.

Constitutional jurisdiction is exercised by the Cantonal Court.

As a Constitutional Court, the Cantonal Court hears: a. appeals for violation of constitutional rights, particularly fundamental rights and popular rights; b. competency conflicts between the canton and the municipalities or among the municipalities themselves; c. appeals for violation of municipal autonomy. [tab] 3 The following cannot be challenged: a. constitutional provisions and laws, except their implementing acts; b. decisions of the Grand Council and the Council of State for which federal law or the law provides an exception; c. the emergency clause of a law.

The law regulates the main outlines of the organization and competence of the courts as well as the procedure before them. A rapid and secure course of procedure must be guaranteed.

A court may be subdivided into several chambers and be engaged in several orders of jurisdiction.

The Cantonal Court exercises supervision over the courts of the canton and reports annually to the Grand Council.

The law regulates the conditions and competence for the election of extraordinary members of the courts.

The ombudsman ensures that the administrations of the canton and the municipalities, as well as the judiciary, function in a manner that is lawful and judicious.

He performs his duties independently. He is not bound by the instructions of other authorities.

The law regulates the incompatibilities.

The Ombudsman shall express his opinion in an appropriate manner on the matters he has examined and shall primarily strive to settle them amicably.

He may formulate criticisms, identify deficiencies in current law, and make recommendations. He cannot modify or repeal legislative or administrative acts.

He has the right to consult files and request all necessary information. He is bound by confidentiality in the same manner as the authorities or employees concerned.

He reports to the Grand Council at least once a year.

A modification of the Constitution is necessary for the canton to undertake a new cantonal task that federal law does not require it to perform. It is presented to the people simultaneously with the implementing legal provisions.

The canton collaborates with the municipalities in the execution of public tasks.

The canton and the municipalities ensure public order and security.

The canton and the municipalities take precautionary measures in anticipation of disasters and to ensure the operation of essential state services in emergency situations.

The school, in cooperation with the parents, ensures that students receive an education and training that corresponds to their dispositions and abilities. The subjects taught are the same for both girls and boys.

The relationships between school authorities, teachers, students, and parents are based on mutual respect for each other's rights and personality.

The law regulates the participation of parents, teachers, and students.

All schools are subject to the supervision of the canton.

School attendance is mandatory for children whose ages fall within the limits set by law.

Education in public schools is free for residents of the canton. The law determines the exceptions.

Attendance at public schools must be possible without infringing upon the freedom of belief and conscience.

The canton and the municipalities promote the integration of children with disabilities into society by providing them with an educational program tailored to their disabilities.

The law determines who is responsible for public schools and other public institutions intended for education or vocational training.

The canton supports the municipalities in the execution of their tasks in the field of education.

It may enter into treaties with other cantons and jointly maintain schools and educational institutions with them.

The canton guarantees and supports vocational and continuing education.

It oversees vocational training and encourages apprentices to acquire a general education.

The canton and the municipalities promote adult education.

The canton provides an equitable contribution in favor of Swiss universities and specialized schools, as well as in favor of scientific research.

It ensures access to Swiss universities and specialized schools.

It participates, within the limits prescribed by law, in the University of Basel.

Private schools are subject to the supervision of the canton.

The canton may support private schools within or outside of the canton.

School authorities shall ensure that compensatory measures are taken in favor of children who are disadvantaged due to their home situation, a disability, or social reasons.

The canton provides scholarships and educational loans.

The canton and the municipalities encourage artistic and scientific creation as well as the promotion and cultural activities.

They strive to make the discoveries and works of artists and scientists accessible to everyone.

They may maintain institutions for cultural purposes and support efforts undertaken to promote recreational activities.

The canton and the municipalities encourage the protection of nature and the landscape, as well as the conservation of historical monuments.

They protect sites that deserve to be preserved, as well as natural monuments and cultural assets.

The canton and the municipalities, in collaboration with private organizations, take care of individuals who need assistance.

They particularly strive to prevent situations of social distress, eliminate their causes, and mitigate their consequences. They encourage measures taken by the concerned individuals themselves to overcome their difficulties.

They may establish or support institutions of provident and assistance as well as supplement the benefits provided by the Confederation concerning social security.

Within the limits of federal law, the canton enacts provisions concerning labor relations and the protection of workers.

The canton and the municipalities take measures to prevent unemployment and mitigate its consequences.

The canton takes and supports measures intended to promote professional retraining.

It may intervene as a mediator in case of disputes between social partners.

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

The canton and the municipalities may grant rent allowances.

The municipalities assist those seeking housing and take care of the homeless.

The canton maintains a conciliation commission for disputes concerning leases.

The canton promotes the construction of housing, the acquisition of homes intended for personal use by natural persons, and the development of housing by public utility developers. It takes into account the principle of measured land use through increased construction density and promotes housing adapted for the elderly.

In particular, it adopts provisions establishing incentive measures for public utility developers in favor of the construction and acquisition of affordable housing in the canton and provisions on the financing of property renovation in the canton, notably in the areas of energy savings and environmental protection.

It specifically regulates the exemptions granted during the first acquisition in the canton of a home inhabited by its owner and for owners who live in their property, provided their other income and wealth not invested in real estate are in a situation of sustained imbalance relative to the maintenance costs of their real estate property and mortgage interests.

In particular, it adopts provisions for owner-occupied homes establishing incentive measures for the creation of tied savings to invest in the acquisition of a first home in the canton and provisions on the financing of energy-saving measures and environmental protection applicable to existing owner-occupied homes in the canton.

It specifically adopts provisions on the reasonable estimation of the rental value.

The canton and the municipalities protect the family, parental roles, and maternity.

They attend to the needs of the youth and the elderly, in collaboration with private organizations.

The canton and the municipalities promote, in collaboration with private organizations, the well-being and integration of foreign nationals.

The canton and the municipalities assist nomads in finding parking spaces.

Everyone is primarily responsible for maintaining their own health.

Health insurance is mandatory within the limits set by law.

The canton creates the conditions necessary to ensure adequate medical care for the population and provides for public hygiene.

It monitors and coordinates health services.

The canton, in collaboration with the municipalities, neighboring cantons, and private individuals, takes measures to maintain and restore health and to care for those who are in long-term need of care.

It operates medical facilities, oversees private clinics, and coordinates various hospital structures.

The canton and the municipalities ensure that the population has access to sufficient outpatient medical care in collaboration with private individuals. The municipalities promote home nursing and home care services.

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

The canton and the municipalities promote general sports activities.

The canton and the municipalities strive to establish a long-term balance between, on one hand, natural forces and their capacity for renewal and, on the other hand, their use by humans.

They protect humans and their natural environment against harmful and disruptive impacts.

It is particularly important to preserve the purity of the soil, air, and water, to maintain the beauty and uniqueness of landscapes, to protect wildlife and flora by providing sufficient spaces, and to limit noise.

The canton promotes the use of environmentally friendly technologies.

The canton and the municipalities ensure that wastewater is diverted and waste is disposed of in an environmentally friendly manner. The individual or company that produced the wastewater and waste also assumes this obligation.

Waste must be recycled insofar as it is possible and appropriate.

The canton ensures that regional water needs are met. It may delegate this task to third parties.

It is the responsibility of the municipalities to ensure water supply within their territory. They are particularly responsible for the distribution of water.

The canton and the municipalities promote an energy supply that is secure, economically optimal, and environmentally friendly, along with a measured and economical use of energy.

The canton enacts a plan that contains the principles of the cantonal energy policy. It ensures that no nuclear power plant operating on the principle of nuclear fission, no facility for the reprocessing of nuclear fuel, and no repository for medium and high-level radioactive waste are erected on cantonal territory or in its vicinity.

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

The canton and the municipalities ensure the rational occupation of the land, the judicious use of the soil, and the maintenance of recreational areas.

The canton enacts master plans that establish the objectives of the canton or a region in terms of planning and harmonizes the planning measures of the canton and the municipalities with each other, as well as detailed plans intended to achieve the planning objectives.

The municipalities enact zoning plans within the limits of the master plan.

The significant advantages and disadvantages resulting from planning measures are equitably compensated within the limits of the law.

The total area allocated to agricultural and forestry exploitation must be conserved.

The canton and the municipalities take into account the opinions of the concerned population groups during the drafting of plans.

Master plans and detailed plans are developed in collaboration with the municipalities, neighboring cantons, and neighboring foreign regions. Furthermore, the municipalities participate in their finalization.

The canton issues regulations concerning public property.

It exercises sovereignty over cantonal roads and waters.

The canton may provide in the law parking facilities valid across the entire municipal and cantonal road network for vehicles used for commercial purposes; it regulates the collection of taxes.

The canton regulates constructions as well as cadastral measurements and the cadastre.

It regulates land consolidations and boundary adjustments.

The canton and the municipalities regulate transportation and roads.

They ensure that the transportation system is environmentally friendly and as economically favorable as possible.

The canton, in collaboration with the municipalities, promotes public transportation.

The canton encourages, in collaboration with the municipalities, a balanced development of the economy. It strives in particular to maintain a diverse economic structure and full employment.

The encouragement measures must take into account the interests of small and medium-sized enterprises and agriculture, as well as the requirements of spatial planning and environmental protection.

The canton aligns those of its activities that have economic importance with the objectives of cantonal economic and social policy.

The canton and the municipalities promote decentralized retail trade. In particular, limits should be set on the construction of new shopping centers and the expansion of existing shopping centers.

The canton takes measures to maintain an independent and healthy farming community as well as a productive agriculture.

It encourages and supports in particular: a. agricultural training as well as agricultural advisory and experimentation centers; b. family businesses and enterprises where the operation constitutes a secondary activity; c. the maintenance of rural land ownership; d. improvements to agricultural structures, land consolidations, and land improvements; e. cooperation on a cooperative basis; f. the granting of credits and insurance.

The canton ensures the conservation of forests in their extent and geographical distribution. It guarantees that forests can fulfill their functions sustainably.

The canton and the municipal communes jointly support the forest economy. They ensure that forestry operations consider the general interest.

The municipal communes exercise supervision over the forests that fall under their territorial sovereignty.

The canton and the municipalities enact regulations to ensure the rational exercise of economic activities.

The regalian rights over salt and mines, as well as the right to dispose of the groundwater, belong to the canton, while the regalian rights over hunting and fishing belong to the municipalities. Existing private rights are reserved.

The regalian rights ensure the exclusive right to economic activity and exploitation.

The canton and the municipalities may exercise this right themselves or transfer it to third parties.

The canton maintains a cantonal bank with the purpose of providing capital and promoting economic and social development.

The canton provides for the maintenance of port facilities on the Rhine. The law determines the port territory and its use.

Buildings, land, and crops must be insured against damage with an institution of the canton, within the limits provided by law.

The canton may, through legal means, declare other property insurance mandatory.

Finances must be managed economically and in accordance with economic imperatives. ...

The profit and loss account must be balanced in the medium term.

If the equity capital does not reach the amount required by law, the deficit must be covered in the medium term.

The canton and municipalities ensure financial planning that is tailored to public duties.

Before a decision is made, and periodically thereafter, each task and expenditure must be examined to determine if it is necessary and sensible, what its financial consequences are, and whether these are bearable.

The canton, the municipalities, and the associations of municipalities collect the contributions necessary for the execution of their tasks. Their expenditures are furthermore covered by: a. the income from their assets; b. contributions and shares in the revenues of the Confederation as well as other corporations, enterprises, and public institutions; c. other potential income; d. loans. The associations of municipalities do not levy taxes.

The canton levies: a. an income and wealth tax on individuals; b. a profit or capital tax on legal entities; c. a tax on real estate capital gains; d. transfer taxes; e. an inheritance and gift tax; f. a church tax on legal entities; g. a motor vehicle tax; h. a tax on slot machines, gaming parlors, and casinos; i. a lodging tax; j. a tax on the permanent disposal of waste in landfills.

The introduction of new cantonal taxes requires an amendment to the Constitution. This must be submitted to the public at the same time as the legal implementation provisions.

The municipalities levy: a. a tax on the income and wealth of natural persons; b. a tax on the profits and capital of legal entities.

They levy these taxes in accordance with cantonal law. They determine the rates within the limits provided by law.

A basis in cantonal legislation is necessary for other municipal taxes.

The following elements must be taken into consideration in the definition of taxes: a. the principles of universality, solidarity, and economic capacity; b. the preservation of the incentive to produce on the part of individuals; c. the limits arising from the guarantee of property and the overall tax burden borne by taxpayers; d. the implications for the functioning of the economy and competition; e. the possibility of tax evasion and the reduction of taxable matter; f. equal treatment between legal entities, irrespective of their legal form, subject to a tax exemption provided for by law in special cases.

Particularly to be fiscally favored are: a. the family as well as individuals with maintenance obligations; b. personal savings, notably the formation of a fair estate; c. the personal use of a dwelling by its owner.

Tax fraud and evasion must be combated with effective sanctions.

The law on taxes must be simple, easily understandable, and consistent. The tax declaration should be able to be completed in a short amount of time and be easily verifiable.

The cantonal authorities work towards the simplification of federal law in the sense of paragraph 1.

The canton ensures financial equalization.

Financial equalization must allow for achieving a balance concerning the tax burden borne by taxpayers and the services of the municipalities.

The law governs the principles regulating finances, the collection of public contributions, and financial equalization. It determines the share of the municipalities in the proceeds of cantonal taxes.

The Evangelical Reformed Church, the Roman Catholic Church, and the Christian Catholic Church are recognized as national churches.

They are public law corporations endowed with legal personality.

Other religious communities may be recognized by the canton. The law regulates the conditions and content of recognition as well as the recognition procedure.

Within the limits of the Constitution and the laws, the national churches manage their affairs autonomously. The ecclesiastical constitutions, as well as any amendments thereto, must be approved by the majority of the church members who participate in the vote and by the Council of State. The latter grants its approval when they do not contradict either federal law or cantonal law.

The inhabitants of the canton are part of the national church of their confession when they fulfill the conditions set out in the ecclesiastical constitution.

It is possible to leave at any time through a written declaration.

The ecclesiastical constitution regulates the right to vote in the national church and in the parishes.

The national churches are subdivided into parishes in accordance with the provisions of their Constitution.

The parishes are public law corporations endowed with legal personality.

The ecclesiastical constitutions determine the role and organization of the parishes. They regulate the procedure concerning the meetings or divisions of parishes.

To carry out their tasks, parishes levy a church tax in accordance with the provisions of the law and the ecclesiastical constitution from members of their denomination. The national churches manage the financial equalization among their parishes.

The revenue from the cantonal church tax collected from legal entities is distributed among the national churches in proportion to the number of their members.

The canton provides subsidies to the national churches to the extent provided by law.

The national churches establish an authority responsible for ruling on disputed legal matters and for reviewing contested legislative acts. This authority can be approached by the members of the churches and by the parishes.

The national churches may allow or require the parishes to establish a first-instance authority.

The legislative acts and final decisions of the national churches can be challenged before the Administrative Court by the members of the churches and by the parishes.

The Administrative Court examines whether the contested act complies with federal law, cantonal law, and, insofar as the ecclesiastical constitution provides, the law of the national church.

The Roman Catholic population of the canton is part of the Diocese of Basel. The relations between the canton and the diocese are governed by the agreements of the diocesan cantons with the Pontifical Curia.

The Constitution may be revised at any time, in whole or in part.

To the extent that the following provisions do not state otherwise, constitutional revisions are carried out according to the rules of the legislative procedure in accordance with the provisions on popular rights.

The people decide in each case whether to proceed with a total revision.

The total revision is carried out by a Constituent Assembly elected by the people in accordance with the provisions on the election of the Grand Council. The rules concerning incompatibilities and the duration of mandates do not apply.

The fully revised Constitution can be submitted to a vote as a whole or in parts, either simultaneously or at different times.

If a draft is rejected by the people, the Constituent Assembly must submit a second draft. If this latter is also rejected, the total revision is deemed to have failed.

Partial revision may concern a specific provision or multiple provisions that are materially related to one another.

If the Grand Council decides on a partial revision or approves a popular or communal initiative requesting a partial revision, it may submit this decision to a popular vote.

This Constitution shall enter into force on the 1st of January following its acceptance by the people and the granting of the guarantee by the Federal Assembly.

The Constitution of the Canton of Basel-Landschaft dated April 4, 1892, is repealed. Provisions whose content is contrary to the present Constitution cease to have effect.

Provisions that were enacted under a procedure no longer permitted by this Constitution shall remain in force.

The modification of such provisions shall follow the procedure laid down by this Constitution. In particular, provisions that henceforth must take the form of law can only be amended according to the rules of the legislative procedure.

If new provisions must be enacted, this task shall be executed without delay.

If a request for a referendum is submitted according to the former law, the period is eight weeks even if it started running before the new Constitution came into effect.

Until the entry into force of legal provisions, the following regulation shall be applied: a. initiatives or referendum requests from municipalities in accordance with § 49, para. 1, shall be submitted by the municipal assembly or the general council. These decisions are not subject to referendum; b. the right of municipalities to be heard in accordance with § 49, para. 3, is exercised by the municipal council.

The authorities and officials shall remain in office until the expiration of the administrative term according to the former law.

The provisions of the present Constitution apply to renewal elections and supplementary elections.

The new authorities established by the present Constitution must be elected without delay.

Until the entry into force of legal provisions on constitutional jurisdiction, the law on administrative justice and social insurance matters shall apply by analogy to the procedure in constitutional matters.

The provisions regarding the execution of public tasks which lack a constitutional basis pursuant to § 90 shall remain in force until they are amended.

If the asset liquidation with the Canton of Bern concerning the Laufon district results in expenses for the Canton of Basel-Landschaft, they are definitively accepted.

The administrative period 2010–2014 ends on December 31, 2010, for the members of the following authorities: a. the prefects; b. the head of special investigating judges.

The administrative term 2010–2014 shall expire for the presidents and other members of the criminal procedure court as soon as all appeal procedures pursuant to Art. 453, para. 1, of the Swiss Code of Criminal Procedure are concluded. The criminal division of the Cantonal Court will then take over from the criminal procedure court, provided that federal law does not designate another jurisdiction.