Constitution of the Canton of Appenzell Innerrhoden, (1872)

The Constitution is that of a sovereign State, a member of the Swiss Confederation. Sovereignty essentially resides with the people and is exercised by them at the Landsgemeinde.

The people establish a Constitution, decide on the acceptance or rejection of laws, and participate in elections that fall within the competence of the Landsgemeinde.

All decisions of the people and councils are made by an absolute majority of those voting. Districts and municipalities have the option to replace the show of hands vote in communal assemblies with a secret ballot vote using ballot boxes. The introduction of voting by ballot boxes is decided by a secret ballot. The Grand Council regulates the necessary aspects in an ordinance.

1 This Constitution shall come into force at the ordinary Landsgemeinde of 1873, on Sunday, April 27. 2 All laws, ordinances, and other cantonal acts containing general and abstract norms must be published in the compendium of laws. Those not included as of July 1, 1992, are considered repealed. ...

1 The new procedure for the allocation of seats in the Grand Council pursuant to Art. 22, para. 2, shall apply only as of the 2023 elections. 2 Until the 2023 elections, all districts shall retain their current seats in the Grand Council; the district of Schwende-Rüte shall take over those of the districts of Schwende and Rüte. 3 The mandates in the Grand Council for the 2019 to 2023 legislative term shall remain in effect until the 2023 elections.

The Constitution fundamentally recognizes full freedom and the following rights are guaranteed: equality of citizens and equality before the law and individual freedom; additionally, within the limits of legal provisions, freedom of opinion through speech and writing as well as the right of association and assembly; the inviolability of the home is also guaranteed.

The freedom of commerce, movement, and industry are guaranteed within the limits of the relevant provisions.

The canton holds the monopoly on lotteries, within the bounds of federal law.

The Roman Catholic Church and the Evangelical Reformed Church are recognized as public law corporations. They independently regulate their internal affairs.

The property of any kind is inviolable, whether it belongs to individuals, companies, associations and foundations recognized by the State, or to municipalities.

The transfer of ownership or the establishment of real property rights may be required in exchange for full compensation when it is in the interest of the canton or a region of the country. However, expropriation is only lawful to the extent necessary to achieve the intended purpose and if an amicable agreement is not possible or would incur disproportionate costs.

The law regulates the details.

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The State guarantees the security of the assets of religious corporations as well as their use and acquisition for purposes in accordance with their statutes.

The administration of conventual assets is carried out as it has been until now under the protection of the State.

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No one may be removed from their natural judge.

The parties are at liberty to have their disputes settled by arbitration tribunals, by mutual agreement.

All inhabitants of the canton, as well as communities and districts, have the right to present their wishes and demands to local and cantonal authorities.

Every citizen may, by submitting an initiative in accordance with the following provisions, request the amendment of the Constitution as well as the drafting, amendment, or repeal of laws.

The initiative may be presented in the form of a proposal drafted in general terms, or, if a total revision of the Constitution is not requested, in the form of a specifically drafted bill. It may only pertain to a specific area. If it does not meet this requirement, the various matters it deals with must be addressed separately.

The initiative may not request anything contrary to federal law or, unless it seeks to amend the cantonal Constitution, contrary to the latter.

If the initiative is submitted in the form of a proposal drafted in general terms and if the Grand Council approves it, it drafts a corresponding bill and submits it to the Landsgemeinde for acceptance or rejection. If the Grand Council rejects the proposal drafted in general terms, it submits it to the Landsgemeinde with a possible counter-proposal. If the Landsgemeinde approves the initiative or the counter-proposal, the Grand Council drafts a bill in accordance with the Landsgemeinde's decision and submits it for acceptance or rejection.

An initiative submitted in the form of a specifically drafted bill must be submitted to the Landsgemeinde. The Grand Council may propose a counter-proposal, which must be submitted to the vote simultaneously with the initiative.

Initiatives must be submitted in writing to the Grand Council for review and opinion by May 31. They must be submitted to the next ordinary Landsgemeinde; bills that the Grand Council must draft following a prior vote, in accordance with paragraph 4, must be submitted to the ordinary Landsgemeinde following the prior vote. The Grand Council may extend these deadlines by a maximum of two years, by a two-thirds majority of its members, when special circumstances require it, such as the drafting of new laws or significant revisions of the Constitution or laws or important counter-proposals.

The remainder of the procedure for exercising the right of initiative may be regulated by an ordinance of the Grand Council.

The free decisions of the Grand Council concerning single expenditures of at least 1,000,000 francs or benefits of at least 250,000 francs recurring for at least four years are subject to a referendum.

Two hundred individuals residing in the canton and possessing the right to vote may submit to the Landsgemeinde any freely adopted decree by the Grand Council, provided that such decree incurs a new state expense amounting to or exceeding 500,000 francs for a single occurrence or amounting to or exceeding 125,000 francs for recurring benefits lasting a minimum of four years. Expenditures related to state personnel remuneration are not subject to a referendum.

A decision subject to referendum becomes effective if, within 30 days from its official publication, no legally valid request for a decision by the Landsgemeinde has been submitted to the Standeskommission (State Council).

The Grand Council's decisions on expenditures are not subject to a referendum when their execution must not be delayed. The Grand Council decides on the urgency by secret vote. The decision requires a two-thirds majority of the members present.

The remaining procedure concerning the optional referendum is governed by an ordinance of the Grand Council.

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Every citizen of the canton as well as every Swiss person residing in the canton is, within the limits of federal law, subject to military service.

Changes to the tax system are the sole responsibility of the Landsgemeinde.

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The canton exercises comprehensive oversight over the activities of the authorities and their management of all areas of communal life.

The canton may also intervene in the affairs of the communes in cases where the interest of a part of the country or the country as a whole requires it.

It also holds the right to prevent the distribution of cooperative assets to individual members.

The administration of the State's budget is public for all accounts that must be reported at the end of each year.

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All laws and ordinances as well as official decisions that are of general interest are duly published.

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Public education is under the jurisdiction of the State.

Mandatory public education is free of charge. The school communities bear the costs with appropriate assistance from the State, which aims to improve the school system.

The Grand Council decides on the granting of cantonal citizenship rights.

The conditions for establishment are regulated according to the provisions of federal law.

The Canton of Appenzell Inner Rhodes is divided into five districts: [tab] Appenzell, Schwende-Rüte, Schlatt-Haslen, Gonten, Oberegg.

Appenzell is the capital of the canton and, as such, the seat of the cantonal authorities.

All Swiss citizens domiciled in the canton have the right to vote at the Landsgemeinde and municipal assemblies, provided that they are at least 18 years old and are registered in the electoral roll.

Parishes may grant the right to vote and eligibility to their foreign members holding a settlement permit.

Persons who, due to a permanent incapacity of judgment, are protected by a general guardianship or a mandate due to incapacity do not have the right to vote.

In municipal matters, those entitled to vote exercise their rights at their political domicile.

Each beneficiary of the right to vote is not only authorized but also obliged to participate in all Landsgemeinde and public constitutional assemblies.

Until the age of 65 years is completed, every voter is obligated to accept their election to the Council of State or the Cantonal Tribunal or their appointment to a position entrusted to them by the Grand Council, by the Council of State, by a district assembly, by a parish, or by a school municipality, or alternatively by a tribunal, by the district council, by the parish council, or by the school commission.

Persons who have been members for a total of at least eight years of one of the authorities mentioned in paragraph 1 are exempt from this obligation before reaching 65 years. No one can be compelled to hold one of these positions for more than four years.

The Grand Council is the authority of appeal.

The Landsgemeinde is the supreme authority of the canton.

It convenes regularly on the last Sunday of April, or extraordinarily by decision of the Grand Council.

If Easter falls on the last Sunday of April, the Landsgemeinde takes place on the first Sunday of May.

The Landsgemeinde exercises the legislative power and is the highest electoral authority. It elects each year: [tab] 1. the Council of State, composed of the following seven members: ‒ the incumbent Landammann, who, after two years, is not eligible for re-election to this position in the following year, ‒ the Vice-Landammann, ‒ as well as the Statthalter (representative of the Vice-Landammann), the Director of Finance, the Director of Agriculture, the Director of Public Works, and the Director of Police; 2. the Cantonal Court, composed of a president and twelve members, including one representative from each district; 3. ...

In the year when the National Council is fully renewed, the ordinary Landsgemeinde elects the canton's representative to the Council of States.

The following provisions still apply to the Landsgemeinde: 1. it accepts a report on the offices of the cantonal administration; 2. Landsgemeinde convened extraordinarily may only vote on the item or items for which the convocation has been requested.

The Grand Council has 50 seats.

Each district initially receives four seats, which are deducted from the 4/50 of the number of inhabitants in the district. The remaining 30 seats are allocated proportionally to the number of remaining inhabitants, with fractions rounded down to the nearest whole number. The remaining mandates are allocated to the districts based on the value of the rounded fractions; in the event of a tie, the decision is made by drawing lots.

The seats are allocated based on the number of inhabitants recorded by the cantonal inhabitant's registry on the last day of the year preceding the complete renewal of the Grand Council.

The Council of State allocates the seats to the districts. The Grand Council resolves any disputes.

The Grand Council meets in regular session five times a year.

It meets in extraordinary session when the President of the Grand Council or the Council of State deems it necessary or when ten members of the Grand Council require it.

Appenzell is the meeting place. The Council may decide to meet elsewhere.

The convocation for the first meeting of a new legislature is made by the Council of State. Until the president of the Grand Council has been elected, the dean directs the deliberations.

Meetings of the Grand Council are generally public. Meetings are held behind closed doors during the examination of petitions for clemency and, in particular cases, upon decision of the Council.

The Grand Council establishes its regulations by means of ordinance.

The members of the Council of State have a consultative voice and the right to make proposals during the deliberations of the Grand Council.

The Grand Council determines the agenda of the Landsgemeinde.

The Grand Council submits to the Landsgemeinde the drafts of constitutional revisions and draft laws; furthermore, it reviews the proposals submitted by the State Council, by other authorities, or by citizens, either for resolution by the Council itself or for submission to the Landsgemeinde.

The items submitted to the Landsgemeinde must be presented to the Grand Council no later than by the third regular session preceding the Landsgemeinde. For urgent or simple matters, the Grand Council may, by a two-thirds majority of its members, decide to deviate from this rule.

The Grand Council enacts ordinances and implementation regulations for cantonal legislation as well as, in cases of lesser importance, for federal legislation.

It determines the boundaries of districts and municipalities.

It makes decisions concerning the adhesion to, modification, and denunciation of concordats, and may regulate their implementation.

It decides whether a referendum request (Art. 141, para. 1, Const.) or an initiative (Art. 160, para. 1, Const.) should be launched in the name of the Canton.

The Grand Council decides on appeals for clemency in cases provided for by the law.

It grants the right of citizenship.

The Grand Council oversees the conduct of affairs of all authorities. It may regulate the rights and duties of the cantonal authorities and employees, and establish the organization of the cantonal administration, including with regard to emoluments. It regulates what is necessary for the cantonal insurance fund.

It examines the annual reports submitted to it by the State Council and the cantonal court, as well as by other authorities in cases provided by law.

It sets the rate of taxation.

It establishes the budget for revenue and expenditures of all administrations and courts of the Canton for each administrative year.

Each year, it also examines and approves the state account.

The Grand Council elects for one year: a. the president, the vice president, and three scrutineers; b. its committees.

It elects the president of the district court and makes an appointment decision to that effect.

It conducts other elections incumbent upon it by law and its ordinances.

The Council of State is composed of the members designated in Art. 20, ch. 1, and elected by the Landsgemeinde, who cannot belong to the Grand Council, a district council, a court, or any local authority.

It allocates governmental affairs among its members.

It ensures the execution of the laws and decrees of the Landsgemeinde and the ordinances and decrees of the Grand Council.

It manages diplomatic relations.

It handles all matters that pertain to a government and are not expressly assigned to another authority by the Constitution.

It enacts the necessary provisions on establishment and residence.

It particularly supervises churches and the administration of cooperative property.

It ensures that appeals addressed to it regarding the administration of justice and the activity of local authorities are resolved promptly in accordance with legislation.

It concludes program agreements with the Confederation. If the financial obligations associated with a program agreement exceed the amounts stipulated by Art. 7 ter of the Cantonal Constitution or if concluding such an agreement necessitates the amendment of the Constitution, a law, or an ordinance, it must be submitted to the Grand Council or the Landsgemeinde. In such cases, the Grand Council is involved in the negotiations.

The following cannot sit simultaneously on the Council of State or in the courts: – two individuals who are married, in a registered partnership, or living in a de facto union. Neither the dissolution of the marriage nor that of the registered partnership ends the incompatibility; – direct line relatives or up to the second degree in a collateral line; – direct line in-laws.

In important matters, district presidents and, if necessary, their deputies may be consulted.

It convenes as often as the acting Landammann or three members of the authorities deem it necessary.

Decisions are validly made when four members are present.

The presiding Landammann chairs the Landsgemeinde and the Council of State.

He signs the documents originating from these authorities and is the custodian of the seals.

The State Chancellery is directly subject to the orders of the President of the Government; the latter supervises the execution of the Government's decisions.

In case of impediment, he is replaced by the Vice-Landammann.

The district assembly is composed of all citizens of the canton and all other Swiss citizens domiciled in the district who have the right to vote according to Art. 16.

It takes place every year one week after the ordinary Landsgemeinde.

It elects a Hauptmann and a deputy Hauptmann, the other members of the district council, and a member of the district court.

In the years when federal election renewals occur, the district assembly elects, according to Art. 22, the number of members of the Grand Council to which the district is entitled.

In the districts that conduct elections by ballot voting, the aforementioned elections occur no later than the third Sunday in May.

Outgoing members of the Grand Council must be replaced as soon as possible. The newly elected member remains in office until the end of the current legislature.

Districts may set the term of office for district counselors, district court members, and conciliation judges at a maximum of four years.

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The district assembly makes all the most important decisions that, in accordance with the present Constitution, are in the common interest.

In the event of a potential election in different electoral districts, individuals who are related by family ties, within the meaning of Art. 30, are not eligible to be elected simultaneously. A new election will then take place in the next ranking district.

The district council consists of at least five members.

The District Assembly may determine other responsibilities within the scope of a regulation.

The Hauptmann, the deputy Hauptmann, and the district councilors are responsible for the implementation of public authority decisions, the execution of the District Assembly's decisions, and the preliminary examination of projects submitted to the District Assembly by the municipal authority or an individual.

In each district, there is a conciliation office. The district assembly appoints the head of this office. The organization, management of the office, and the functions of the conciliator as a judicial body are determined by legislation.

The district court is the court of first instance for civil and criminal cases within its jurisdiction under the legislation.

The district court consists of the president and judges elected by the district assembly. The Grand Council may enter into an inter-cantonal agreement regarding the appointment of judges for the court of coercive measures.

The organization of the district court is determined by law.

The Cantonal Court serves, as both a civil and criminal court, as the appellate instance against the judgments of the district courts.

The Cantonal Court acts, as an administrative court, as the appellate body for decisions made by the administrative authorities of the canton in the fields of public law, administrative law, and social insurance law.

The organization of the Cantonal Court is regulated by law.

Unless otherwise provided by law, court proceedings and the pronouncement of judgments are public.

The legislation determines the quorum.

It makes the necessary provisions regarding the keeping of minutes and the chancery service.

Members of the courts cannot simultaneously belong to more than one judicial authority of the canton.

Members of the Council of State, the Grand Council, and the district councils cannot be members of the judicial authorities of the canton.

Those who professionally represent parties are not eligible to be elected as conciliation judges.

The judicial organization (civil, criminal, and administrative justice), as well as the procedure, are furthermore, within the limits of the Constitution, regulated by legislation. The legislation may also establish supplementary rules, provided that these rules are not contrary to the Constitution.

The adjudication of civil and criminal cases (misdemeanors) may be entrusted by the legislation itself to non-judicial authorities.

The parishes and school communities consist of individuals who have the right to vote according to Art. 16.

They hold an ordinary assembly each year; exceptionally, they may convene upon the call of their parish and school councils.

They elect the parish and school councils.

The parish councils and school commissions consist of five to nine members.

The parishes review the annual report on the financial management of their administrations. They decide, without affecting the funds, on the coverage of expenses that cannot be offset by revenues, as well as on the completion of significant projects.

It may be decided by an agreement with another canton that the inhabitants of both cantons who profess the Roman Catholic or Evangelical Reformed religion are fully recognized as members by the parishes of the other canton, with all associated rights and duties.

Parish councils and school commissions manage the administrations entrusted to them by taking, in particular, all initiatives likely to promote the welfare of these administrations.

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

The Grand Council may, on its own initiative, submit proposals for partial revision to the Landsgemeinde. In such cases, votes must be taken separately on the different sections that are unrelated to one another.

The provisions of Art. 7 bis apply analogously to initiatives aimed at a partial revision.

If a total revision is requested by the Grand Council or by means of an initiative, the Landsgemeinde must first decide whether or not to proceed with such a revision. If the Landsgemeinde decides on a total revision, the Grand Council shall draft a new Constitution and submit it no later than the third ordinary Landsgemeinde following the preliminary vote. This deadline may be appropriately extended during the second ordinary Landsgemeinde following the preliminary vote.

Total and partial revisions of the Constitution must be processed by the Grand Council in two readings.