Constitution of the Canton of Appenzell (Outer Rhodes) - The Canton of Appenzell Outer Rhodes

The Canton of Appenzell Outer Rhodes is a liberal, democratic, and social rule of law state.

As a sovereign canton, it is an integral part of the Swiss Confederation and cooperates with the Confederation, the other cantons, and neighboring countries.

It actively participates in the decision-making process at the federal level.

The canton of Appenzell Ausserrhoden is divided into municipalities. The law regulates the existence and the territory of the municipalities.

The right of communal citizenship forms the basis for cantonal citizenship.

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

Human dignity must be respected and protected.

All individuals are equal before the law.

No one shall be discriminated against, particularly on the grounds of sex, age, race, skin color, language, origin, political, religious, or philosophical beliefs, lifestyle, or physical or mental abilities.

Men and women are equal in rights.

They are entitled to the same education, equal pay for work of equal value, as well as equal access to public office.

The canton and municipalities promote the realization of de facto equality.

They ensure that public duties are carried out by both women and men.

Freedom of conscience and belief, as well as its exercise, are guaranteed.

No one may be compelled to perform a religious act or to profess convictions.

Protection against any arbitrary measure by public authorities and the protection of good faith are guaranteed.

Retroactive legislative acts are prohibited.

Personal freedom is guaranteed.

Torture, as well as inhuman or degrading punishment and treatment, are prohibited.

Every person has the right to respect for their private life, home, correspondence, and relationships established through telecommunications.

The right to marriage and family life is protected.

The freedom to choose another form of partnership is guaranteed.

The freedom of establishment is guaranteed.

Everyone has the right to freely form their opinion, express it without constraint, and disseminate it through speech, writing, and images, or by any other means.

Public authorities shall not exercise any control over the expression of opinions to influence their content.

Anyone providing proof of a legitimate interest has the right, within the limits of the law, to access official documents, provided that no overriding public or private interest opposes this.

The freedom of research and doctrine as well as the right to teach are guaranteed.

Every person engaged in scientific activity has the duty to assume responsibility in regard to human, animal, and plant life, as well as to the natural elements necessary for them.

The freedom of artistic expression is guaranteed.

Every person has the right to have their personal data protected.

Every person can obtain information about the data concerning them and can request the correction of any inaccuracies.

Every person has the right to address a petition to the authorities and to collect signatures for this purpose. They should not incur any disadvantage as a result of doing so.

The authorities are obligated to examine the petitions on the merits and to respond to them as quickly as possible.

The freedom of association and the freedom of assembly are guaranteed.

The law or a municipal regulation may require authorization for events taking place on public property. Events are permitted if an orderly conduct appears assured and the impact on the interests of third parties seems tolerable.

Property is guaranteed.

Full compensation is granted in the event of expropriation or a restriction of property equivalent to an expropriation.

The free choice of profession and free economic activity, as well as the rights of professional association and trade union formation, are guaranteed.

Every person has the right to have their case heard by independent, impartial judges established by law.

Persons lacking necessary resources are entitled to free legal assistance.

Every person is presumed innocent until they have been convicted by a final and binding judgment. Doubts shall benefit the accused.

Parties have the right to be heard in every procedure and to receive a reasoned decision within a reasonable time; they must be informed of the avenues for appeal.

No one shall be deprived of their liberty except in the cases and according to the procedures provided by law.

Any person deprived of liberty must be informed, in a language that they understand, of the reasons for this measure and of their rights. They have the right to have their close relatives informed.

Any person detained and suspected of an offense must be brought before a judicial authority as soon as possible.

Any person deprived of liberty has the right to be assisted by legal counsel and to have the legality of the deprivation of liberty reviewed by a court according to a simple and rapid procedure.

If the deprivation of liberty is unjustified, the public authorities must compensate the person who has been a victim for the damage suffered, and possibly for moral harm.

Free communication with legal counsel can only be restricted in cases of risk of abuse and only to the extent authorized by law.

Fundamental rights must be realized within the entire legal order.

Foreigners also enjoy fundamental rights unless federal law provides otherwise.

Minors capable of discernment may assert themselves the fundamental rights related to their personality.

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

A fundamental right can only be restricted if: a. a legal basis permits it; b. an overriding public interest justifies it; c. the restriction is proportionate to the aim pursued.

A fundamental right may be temporarily restricted without a legal basis in the case of a grave, imminent, and obvious danger.

Under no circumstances can the essence of fundamental rights be infringed upon.

Any person in need who cannot overcome hardship by their own means has the right to shelter, essential medical care, and the necessary resources to lead a life in accordance with the requirements of human dignity.

Every child has the right to protection and assistance. During the period of compulsory education, they are entitled to free basic education that corresponds to their abilities.

Victims of serious offenses have the right to assistance that enables them to overcome their difficulties.

The canton and the municipalities, in addition to private initiative and personal responsibility, set the following goals within the scope of available resources: a. that every person can meet their needs through their work; b. that every person can have adequate housing; c. that every person can educate and train themselves in accordance with their tastes and abilities; d. that all parents enjoy material security before and after the birth of a child; e. that every elderly, weak, sick, or disabled person who needs help is properly cared for and supported.

Every person is responsible for themselves and bears their share of responsibility towards the community and future generations, particularly regarding the conservation of the natural elements necessary for life.

For the purpose of fulfilling tasks of public interest, the law may require the population to provide personal services. The service in kind may be replaced by an exemption tax.

Public tasks must be carried out in such a way that the natural elements necessary for life are conserved and preserved; they must meet the needs and contribute to the prosperity of all.

Existing and new tasks must be constantly examined to determine whether they are necessary, whether they can be financed, and whether they can be accomplished in a profitable and appropriate manner.

The canton only undertakes tasks that cannot be performed as satisfactorily by the municipalities or individuals. It encourages private initiative and personal responsibility as well as regional cooperation.

The canton ensures public order and security.

It takes the necessary measures to manage extraordinary situations.

The natural environment must be preserved for present and future generations and, insofar as possible, restored when it has been altered. State and private activities must harm it as little as possible.

The canton and municipalities protect the wildlife and flora in their diversity as well as their habitats.

Natural elements necessary for life may only be utilized to the extent that their sustainability remains guaranteed.

The canton and municipalities may introduce incentive measures to conserve natural elements necessary for life and to reduce waste and pollutant production.

Personal responsibility is encouraged, and support may be provided to organizations working towards the preservation of natural elements necessary for life.

The costs of environmental protection measures are generally borne by those responsible for making them necessary.

The emission of pollutants and other nuisances must be combated at the source, eliminated, or at least reduced.

The canton and the municipalities take measures to safeguard and preserve landscapes and sites worthy of protection, as well as cultural assets and natural monuments.

They collaborate with private organizations and may partake in the financing of their activities.

The canton and the municipalities ensure a rational use of the land, an appropriate and measured utilization of the soil, as well as the protection of the landscape.

The environment must be respected during the construction of buildings and installations of all kinds.

The canton and the municipalities ensure that transportation respects the environment, is safe, and serves all users.

They encourage the transfer from individual modes of transport to collective modes insofar as significant public interest justifies it.

The canton and the municipalities ensure water supply and promote the economical use of water.

They strive to minimize any impact on water quality as much as possible and ensure that wastewater is treated in an environmentally friendly manner.

The canton and the municipalities promote a secure and environmentally friendly energy supply, as well as the economical and rational use of energy.

They particularly encourage the use of renewable energies.

The canton and the municipalities take measures to reduce waste production and encourage recycling.

They ensure that waste is disposed of appropriately.

The aim of education and training is to develop personal responsibility, a commitment to promoting social justice, and accountability towards the surrounding world.

The school supports parents in their educational role; together with them, it provides the child with training that corresponds to their abilities and potential.

The canton and the municipalities establish kindergartens and schools.

They may allocate subsidies to private schools.

Everyone is free to attend the public school or, at their own expense, a recognized private school.

The canton and the municipalities promote education and continuing education, as well as adult education.

The canton facilitates access to universities, universities of applied sciences, and vocational schools.

It encourages collaboration in the field of schools and education.

The canton and the municipalities support people in need in collaboration with other organizations.

They strive to prevent situations of social distress and encourage personal precautionary measures.

They may supplement the social benefits of the Confederation.

The canton exercises supervision over care institutions.

The canton and the municipalities coordinate and support the placement of job seekers, professional retraining, and the reintegration of the unemployed.

In the event of conflicts between social partners, the canton offers its assistance.

The canton and the municipalities support families and other communities raising children in their tasks; they may encourage the creation of an appropriate environment for the care of children. They address the issues and needs of young people and elderly persons and collaborate with other organizations.

The canton and the municipalities, in collaboration with private organizations, promote the training and professional and social integration of persons with disabilities.

The canton and the municipalities create conditions conducive to diversified and balanced economic development; they strive to maintain existing jobs and create new ones.

They may support economic promotion organizations.

They ensure, within the scope of their possibilities, to mitigate economic crises and their consequences.

The Canton takes measures with the aim of promoting productive agriculture and forestry adapted to topographical conditions.

It particularly supports family businesses, environmentally friendly management, and comprehensive basic agricultural training.

It ensures the maintenance of forests in their protective, economic, and social functions.

The canton may take a stake in a bank to cover the cash and credit needs of the population and the economy of the canton; it may also establish a bank itself for this purpose.

The canton may establish an organization to insure buildings, real estate, and crops against damages, or participate in such an institution.

Buildings and real estate must be insured.

The following regal rights grant the canton an exclusive economic exploitation right: a. water rights; b. hunting and fishing rights; c. mining rights, including the right to store substances beneath the earth's surface and to exploit geothermal energy; d. salt rights.

The canton may exercise these exploitation rights itself or grant them to municipalities or individuals.

Existing private rights are reserved.

The canton and the municipalities create the necessary conditions for adequate and reasonably priced medical and paramedical assistance to the population.

The canton encourages collaboration between private and public institutions, both within the canton and the region.

The canton and the municipalities promote personal responsibility; they support health prevention and education and combat the dangers posed by dependency.

The canton and the municipalities encourage medical care and home health care.

The canton exercises supervision over public and private health institutions, medical and paramedical professions, and the pharmaceutical sector.

The freedom of therapeutic activity is guaranteed.

The canton and the municipalities promote culture.

They support scientific activities.

They encourage the judicious organization of leisure activities.

All Swiss citizens who are domiciled in the canton and are at least 18 years old have the right to vote on cantonal matters.

The popular initiative may request: a. the total or partial revision of the constitution; b. the adoption, repeal, or amendment of laws and acts submitted to the popular vote.

The popular initiative must be signed by 300 citizens.

The popular initiative may be framed in general terms or, unless it requests a total revision of the constitution, take the form of a fully drafted proposal.

Insofar as the initiative neither requests a total revision nor explicitly concerns a partial revision of the constitution, the Grand Council decides whether the proposal should be developed at the constitutional or legislative level.

The Grand Council may oppose a counterproposal to the initiatives.

The citizens can validly approve both the initiative and the counterproposal and decide which of the two projects should prevail in the event that both are accepted.

The State Council decides on the success of initiatives, and the Grand Council decides on their validity.

An initiative is entirely or partially invalidated if: a. it does not respect the principle of unity of matter; b. it violates superior-ranking law, or c. it is not executable.

Initiatives are examined without delay.

Every resident of the canton may submit written proposals to the Grand Council regarding matters that are subject to mandatory or optional referendum and may personally present their reasons before the Council, in accordance with the regulations.

Interested parties are consulted on constitutional and legislative projects and other important matters.

The results of the consultation procedure are published.

Repealed

Citizens shall decide on: a. the total or partial revisions of the constitution; [tab] b. and c. ... d. principle decisions; e. expenditures exceeding the allocations of the Grand Council; f. ... g. initiatives that the Grand Council does not approve or for which it proposes a counter-project; h. decisions of the Grand Council that are subject to an optional referendum according to Art. 60 bis, when one-third of the members present demand it.

Citizens elect: a. the members of the State Council and, among them, the Landammann; b. the members of the Higher Court; c. the representative of the canton to the Council of States, for a term of four years.

When at least 300 persons with voting rights demand it within 60 days following the official publication, citizens shall vote on: a. the adoption, repeal, and amendment of laws; b. inter-cantonal and international agreements of a legislative nature.

The Grand Council, the Council of State, and the courts are organized according to the principle of separation of powers.

The authorities collaborate with each other and coordinate their activities.

Any person who undertakes a public duty must comply with the constitution and the law. They must act in the public interest, according to the principles of good faith, the prohibition of arbitrariness, and proportionality.

The State Council and the courts do not apply cantonal normative acts that violate superior law.

Citizens of the canton are eligible for cantonal authorities. The law regulates the exceptions.

No one may simultaneously be a member of the following authorities: a. the Grand Council, the State Council, and a cantonal judicial authority; b. a cantonal court and a municipal council or the personnel of the canton or one of its establishments; bbis. the Grand Council and the personnel of the canton or one of its establishments, if they hold a senior position designated by law or a role providing direct support to the State Council; c. the State Council and a parliament or municipal council; d. the Cantonal Court and the Superior Court; e. as a member of a conciliation authority, a cantonal judicial authority.

Parents and children, siblings, spouses, and individuals linked by a registered partnership or effectively living as a couple cannot simultaneously be part of the same authority, with the exception of the Grand Council.

Members of the authorities and officials of the cantonal administration must recuse themselves when matters that concern them are being addressed.

The law establishes the procedures.

The members of the cantonal authorities are elected for four years.

All elected candidates serve for the duration of a term or for the remainder of that term.

Cantonal and communal authorities must inform the population in a timely and adequate manner.

Information regarding items submitted to a vote must allow the population to form an opinion freely.

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

Members of the Grand Council and the Council of State disclose their connections with interest groups.

The law may delegate powers to the Grand Council or the Council of State if the delegation is limited to a specific area and the law determines its framework. Direct delegation of powers to other authorities is excluded.

Delegation of powers from the Grand Council to the Council of State is possible under the same conditions.

The Council of State may delegate its powers to departments and other bodies if authorized by the Grand Council. It may delegate the powers of the departments without the authorization of the Grand Council.

All fundamental or important norms of cantonal law must be enacted in the form of a law. This is especially true for provisions for which the constitution expressly requires the legal form and for those concerning: a. the foundations of the legal status of individuals; b. the subject of public contributions, the principles of calculation, and the circle of those liable, with the exception of minor fees; c. the purpose, nature, and scope of important cantonal services; d. the main outlines of the organization and tasks of the authorities; e. the institution of a new and lasting task.

The canton and other public bodies entrusted with public tasks are liable for damage unlawfully caused by their organs in the exercise of public authority.

They are also liable for damage lawfully caused by their organs when individuals suffer serious harm and it cannot reasonably be expected that they bear the damage themselves.

The law regulates the liability of members of the authorities and employees towards the canton and other public bodies entrusted with public tasks.

The Grand Council is the legislative authority of the canton; it exercises supreme oversight.

The Grand Council comprises 65 members.

Each municipality has at least one seat.

The remaining seats are allocated among the municipalities in proportion to the number of inhabitants.

The Grand Council is elected according to the majority system. The municipalities are the electoral districts; they may adopt the proportional system.

The law sets out the procedures.

The Grand Council exercises supervision over the government and the management of the courts.

It exercises high supervision over the cantonal administration and public law institutions.

The Grand Council elects: a. the president of the Grand Council and the other members of the Grand Council Bureau for one year; abis. the president and the vice-president of the Superior Court; b. the president, the vice-president, and the other members of the Cantonal Court; bbis. the presidents and the other members of the conciliation authorities; c. on the proposal of the Council of State, the State Chancellor; d. the head of the Parliamentary Service; e. the Financial Control; f. the supervisory body for data protection.

Further electoral competencies may be conferred upon the Grand Council by law.

The Grand Council approves the draft revisions of the cantonal constitution for the citizens. It may submit subsidiary proposals to them.

It enacts laws subject to the optional referendum and ordinances within the framework of the constitution and the law.

The Grand Council participates in the definition of relations with foreign entities.

It approves or terminates intercantonal and international agreements. The optional referendum is reserved.

It supports projects for intercantonal or international collaboration.

The Grand Council deliberates on the planning of affairs, finances, and investments, as well as other important plans of the Council of State.

The Grand Council approves the budget and the tax rate in consideration of the financial plan.

Subject to contrary legal provisions, it determines: a. new one-time expenditures related to the same object that are between 1 and 5 percent of a fiscal unit; b. new periodic expenditures that are between 0.5 and 1 percent of a fiscal unit.

The Grand Council: a. exercises the participatory rights that the federal constitution grants to the cantons; b. adopts decisions of principle within the scope of its competencies; c. rules on appeals for clemency; d. rules on conflicts of competencies that arise between the higher authorities of the canton; e. approves the state account.

If a member of the State Council is, manifestly and permanently, no longer able to exercise their function, the Grand Council may declare their incapacity with a three-quarters majority of the members present.

The Grand Council may task the State Council with conducting a preliminary examination of the matters.

Other tasks may be assigned to the Grand Council by law.

The law regulates the principles of the organization and conduct of the business of the Grand Council.

The Grand Council has a Parliamentary Service.

The Grand Council may establish permanent commissions and assign ad hoc commissions to conduct the preliminary examination of certain matters. The State Council and the administration provide the commissions with all the information they need for their activities. The law may delegate certain minor powers to the commissions, excluding legislative powers.

The members of the Council of State participate in the meetings of the Grand Council. They have an advisory voice and may make proposals.

Members of the Grand Council and the Council of State speak freely before the Councils and commissions; they can only be prosecuted criminally or civilly if two-thirds of the members present give authorization.

They vote and deliberate without instructions.

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

It directs the cantonal administration and supervises the public prosecutor's office and the municipalities in accordance with the law.

The State Council consists of five members serving in a full-time capacity.

Its members may be re-elected three times.

...

The Grand Council sets the remuneration and regulates the occupational pension scheme for the State Councillors.

The landamman presides over the State Council.

He directs, plans, and coordinates the work of the State Council.

The election of the landamman takes place every two years. At the end of a full term, he must step down for the duration of one term.

The Council of State determines, subject to the powers of the citizens and the Grand Council, the objectives and means of state activity.

It plans and coordinates state activities. It establishes medium-term business planning and scheduling, and prepares for the Grand Council a financial plan, an investment plan, and other important plans.

The State Council drafts legislative acts and decrees for the Grand Council.

...

It issues ordinances within the framework of the constitution and legislation.

In urgent cases, it may issue ordinances with the provisions necessary for the introduction of superior law; these provisions must be incorporated into ordinary law without delay.

It may enact the necessary provisions for the implementation of superior law, insofar as they are limited to the organization and responsibilities of cantonal authorities.

The State Council defines the collaboration with the Confederation, other cantons, and foreign countries and represents the canton externally.

It concludes and terminates inter-cantonal and international agreements concerning matters within its ordinary competencies.

It defends the interests of the canton before the Confederation.

It ensures the respect of the participation rights of the Grand Council.

The State Council determines the budget and the state account for the attention of the Grand Council.

II determines: a. the committed expenditures and changes to financial assets that are not limited; b. new one-time expenditures up to a maximum of 1 percent of a fiscal unit; c. new periodic expenditures up to a maximum of 0.5 percent of a fiscal unit.

All powers that are not expressly assigned to another authority fall under the responsibility of the State Council.

In particular, it is incumbent upon the State Council to: a. ensure public order and security; b. ... c. draft opinions during federal consultation procedures; d. decide, in cases of emergency, to initiate or support a cantonal referendum; e. implement legislation as well as enforce judgments that have become final; f. grant cantonal citizenship rights; g. appoint members of the cantonal administration, insofar as no other authority is competent in the matter; h. prepare an annual management report for the consideration of the Grand Council.

Legislation may assign additional powers to the State Council.

The State Council shall take measures, even without an express legal basis, to address actual or imminent disruptions of public order and safety or social crisis situations.

It must immediately submit the emergency ordinances to the Grand Council for approval; these ordinances shall become void no later than one year after their entry into force.

The Council of State makes its decisions according to the principle of collegiality.

Standing committees or ad hoc committees tasked with the preliminary examination of certain matters may be established by a law, ordinance, or decree of the Council of State.

The administration carries out its tasks in accordance with the principles of legality, efficiency, and cost-effectiveness.

The law regulates the broad outlines of the organization of the administration and the administrative procedure.

The State Chancellery serves as the staff, coordination, and liaison body of the State Council and the Grand Council; it is headed by the State Chancellor.

The judiciary is exercised by: a. conciliation authorities, in civil matters; b. ... c. the Cantonal Court, responsible for civil and criminal jurisdiction in the first instance; d. the Higher Court, responsible for civil, criminal, and administrative jurisdiction either as a sole instance or as an appellate instance; e. ...

The law regulates the organization, procedure, and competencies.

The Grand Council sets the remuneration and regulates the professional provision and allowances of the members of the courts.

Judgments must be provided in writing with reasons.

The law regulates the exceptions.

The canton and the municipalities manage their finances in a frugal, efficient, and cost-effective manner in the medium term.

They ensure comprehensive planning in financial matters and investments.

New tasks can only be undertaken if their financing is secured.

Independent bodies from the administration examine whether the finances are managed in accordance with legal provisions.

The law regulates the procedures.

The canton derives its resources: a. from the collection of taxes and other public contributions; b. from the income of its assets; c. from contributions from the Confederation and third parties; d. from the conclusion of loans and borrowings.

The canton and the municipalities impose taxes on the income and wealth of individuals as well as the profit and capital of legal entities.

The law may provide for other cantonal or municipal public contributions.

The tax system is based on the principle of legal equality and takes into account the economic capacity of taxpayers.

All expenditures require a legal basis, budget approval, and a decision by the financially competent authority.

The municipal commune is the only type of commune existing in the canton.

The municipal commune is a public law entity with legal personality.

It performs all local tasks that do not fall under the responsibility of the Confederation or the canton and which are not appropriate to be left to private individuals.

Communal autonomy is guaranteed. Cantonal law and federal law determine its scope.

Cantonal bodies grant communes the greatest possible autonomy.

Any modification to the number and territory of municipalities requires the approval of the electorate of each concerned municipality.

The canton provides administrative and financial support to municipalities intending to merge.

The law determines the procedures.

Within the framework of the constitution and the law, the municipalities establish their organization in a municipal regulation.

The municipal regulation must be approved by the populace; it is subject to the sanction of the Council of State.

Municipalities may establish a municipal parliament.

In the performance of their duties, municipalities collaborate among themselves, with the canton, and, if necessary, with municipalities of other cantons.

They may, with the approval of the Council of State, create municipal associations and participate in other organizations.

The Council of State may compel two or more municipalities to collaborate when a task cannot be otherwise accomplished.

The purpose of financial equalization is to balance the tax burden of the municipalities.

The right to vote belongs to any person who has the right to vote in cantonal matters. Municipalities may also grant the right to vote to foreigners who have been residing in Switzerland for ten years, including five years in the canton, and who apply for it.

The initiative may request the adoption, modification, or repeal of regulations and decrees that are subject to a mandatory referendum or an optional referendum.

The initiative may be conceived in general terms or be drafted from scratch.

When an initiative aims at the adoption or modification of plans or prescriptions subject to an objection procedure, only the project conceived in general terms is permitted.

Moreover, Articles 51, paragraph 1, 52, 54, and 55 apply analogously.

The law particularly defines the main aspects of municipal organization, oversight of municipalities, and finances.

To the extent provided by law, public duties may be carried out by public law entities and institutions.

The Evangelical Reformed Church and the Roman Catholic Church are autonomous public law entities.

Religious communities freely manage their internal affairs. They are authorized to collect taxes from their members.

The decrees and decisions of ecclesiastical authorities cannot be appealed to state bodies.

Membership in a Church is regulated by its statutes. The right to leave a Church through a written declaration is guaranteed.

Other religious communities are governed by civil law. The Grand Council may recognize them as public-law entities if their statutes do not contravene federal and cantonal law.

The constitution may be subject to a total or partial revision at any time.

Constitutional revisions are conducted according to the procedure applicable to laws.

Partial revision allows for the modification of one provision or several intrinsically linked provisions.

The Grand Council shall examine every twenty years, starting from the entry into force of the present constitution, whether a total revision is appropriate.

The decision to undertake a total revision must be submitted to the citizens. Additionally, they shall decide whether the revision should be undertaken by the Grand Council or by a constituent assembly.

A citizen municipality is deemed dissolved by operation of law if, within five years following the entry into force of this constitution, it is not transformed by decision of its members into a public law corporation.

Upon the dissolution of the citizen municipality, the municipal municipality is substituted in its place for all its rights and obligations.

When ecclesiastical buildings are owned by the municipal community, the rights of co-utilization must be regulated, and an agreement regarding the use and maintenance must be concluded within five years following the entry into force of the present constitution.

The incompatibilities arising from the present partial revision of the constitution are eliminated by the end of the current term of office.

Upon the entry into force of the present partial revision, the members of the Administrative Court elected for the current term of office shall become members of the Higher Court, until the end of the term.

Mediators elected by the citizens of the municipalities shall handle, by the end of the current term of office, the requests for mediation that they receive until December 31, 2010.

Upon the grant of federal guarantee, the present constitution enters into force on May 1, 1996.

The constitution of the Canton of Appenzell Outer Rhodes dated April 26, 1908, is simultaneously repealed.