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Constitution of the Canton of St. Gallen, (2001)

127 Articles / Provisions · Switzerland · Federal Legislation (SR / Fedlex)
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Table of Provisions (127)

Art. 1 2001 Art. 2 2001 Art. 3 2001 Art. 4 2001 Art. 5 2001 Art. 6 2001 Art. 7 2001 Art. 8 2001 Art. 9 2001 Art. 10 2001 Art. 11 2001 Art. 12 2001 Art. 13 2001 Art. 14 2001 Art. 15 2001 Art. 16 2001 Art. 17 2001 Art. 18 2001 Art. 19 2001 Art. 20 2001 Art. 21 2001 Art. 22 2001 Art. 23 2001 Art. 24 2001 Art. 25 2001 Art. 26 2001 Art. 27 2001 Art. 28 2001 Art. 29 2001 Art. 30 2001 Art. 31 2001 Art. 32 2001 Art. 33 2001 Art. 34 2001 Art. 35 2001 Art. 36 2001 Art. 37 2001 Art. 38 2001 Art. 39 2001 Art. 40 2001 Art. 41 2001 Art. 42 2001 Art. 43 2001 Art. 44 2001 Art. 45 2001 Art. 46 2001 Art. 47 2001 Art. 48 2001 Art. 49 2001 Art. 50 2001 Art. 51 2001 Art. 52 2001 Art. 53 2001 Art. 54 2001 Art. 55 2001 Art. 56 2001 Art. 57 2001 Art. 58 2001 Art. 59 2001 Art. 60 2001 Art. 61 2001 Art. 62 2001 Art. 63 2001 Art. 64 2001 Art. 65 2001 Art. 66 2001 Art. 67 2001 Art. 68 2001 Art. 69 2001 Art. 70 2001 Art. 71 2001 Art. 72 2001 Art. 73 2001 Art. 74 2001 Art. 75 2001 Art. 76 2001 Art. 77 2001 Art. 78 2001 Art. 79 2001 Art. 80 2001 Art. 81 2001 Art. 82 2001 Art. 83 2001 Art. 84 2001 Art. 85 2001 Art. 86 2001 Art. 87 2001 Art. 88 2001 Art. 89 2001 Art. 90 2001 Art. 91 2001 Art. 92 2001 Art. 93 2001 Art. 94 2001 Art. 95 2001 Art. 96 2001 Art. 97 2001 Art. 98 2001 Art. 99 2001 Art. 100 2001 Art. 101 2001 Art. 102 2001 Art. 103 2001 Art. 104 2001 Art. 104a 2001 Art. 105 2001 Art. 106 2001 Art. 107 2001 Art. 108 2001 Art. 109 2001 Art. 110 2001 Art. 111 2001 Art. 112 2001 Art. 113 2001 Art. 114 2001 Art. 115 2001 Art. 116 2001 Art. 117 2001 Art. 118 2001 Art. 119 2001 Art. 120 2001 Art. 121 2001 Art. 122 2001 Art. 123 2001 Art. 124 2001 Art. 125 2001 Art. 126 2001

Statutory Text (127 Articles)

2001; I. Dispositions générales; Canton de Saint‑Gall

The Canton of St. Gallen is a member state of the Swiss Confederation.

It is a liberal, democratic, and social constitutional state built on Christian and humanist values.

It actively collaborates with the Confederation, with other cantons, and with foreign countries.

Its capital is St. Gallen.

2001; II. D Droits fondamentaux, devoirs fondamentaux et principes de l’activité de l’État régi par le droit; 1. D Droits fondamentaux; Droits fondamentaux; a. garantis par la Constitution fédérale

Fundamental rights are guaranteed in accordance with the Federal Constitution, including: a. respect for and protection of human dignity; b. equality in and before the law, protection against any form of discrimination, and equality between women and men; c. protection against arbitrariness and protection of good faith; d. the right to life and personal freedom, notably physical and mental integrity; e. the rights of children and young people to be protected and encouraged; f. the right to assistance in situations of distress; g. the right to the protection of privacy, including the right to protection against the misuse of personal data; h. the right to marriage and family; i. freedom of conscience and belief; j. freedom of opinion and freedom of information; k. freedom of the media; l. freedom of language; m. the right to sufficient and free basic education; n. freedom of teaching and scientific research; o. freedom of art; p. freedom of assembly; q. freedom of association; r. freedom of establishment for Swiss citizens; s. protection of Swiss citizens against expulsion, extradition, and deportation; t. guarantee of property; u. economic freedom; v. trade union freedom of social partners and their organizations; w. the right of petition; x. the free formation of opinion by citizens as well as the faithful and secure expression of their will in the exercise of their political rights.

2001; II. D Droits fondamentaux, devoirs fondamentaux et principes de l’activité de l’État régi par le droit; 1. D Droits fondamentaux; Droits fondamentaux; b. garantis par la Constitution cantonale

The present Constitution further guarantees: a. the right to establish, manage, or attend a private school; b. the right of children of compulsory school age to receive assistance if attending school disadvantages them due to their place of residence, a disability, or social reasons; c. the right of individuals who have completed compulsory schooling to receive, for their education or further training, assistance that varies according to their own financial capacity and that of their parents; d. the right to receive a response to a petition within a reasonable timeframe.

2001; II. D Droits fondamentaux, devoirs fondamentaux et principes de l’activité de l’État régi par le droit; 1. D Droits fondamentaux; Droits fondamentaux; c. dans le cadre d’une procédure

In accordance with the Federal Constitution, every person has the right in a judicial or administrative procedure, in particular: a. to have their case handled fairly; b. to have their case judged within a reasonable time; c. to be heard; d. to free legal assistance as well as to the free assistance of a defense counsel; e. to have their case judged by an independent tribunal; f. to be protected in case of deprivation of liberty; g. to a fair criminal trial.

2001; II. D Droits fondamentaux, devoirs fondamentaux et principes de l’activité de l’État régi par le droit; 1. D Droits fondamentaux; Droits fondamentaux; d. Restrictions

In accordance with the Federal Constitution, any restriction imposed by the State on a fundamental right must be based on a legal foundation, except in cases of serious, direct, and imminent danger.

Such restrictions must be justified by a public interest or by the protection of a fundamental right of others and must be proportionate to the intended aim.

The essence of fundamental rights is inviolable.

2001; II. D Droits fondamentaux, devoirs fondamentaux et principes de l’activité de l’État régi par le droit; 2. D Devoirs fondamentaux; Principe

Every person is responsible for themselves and jointly responsible for the community as well as for the preservation of natural resources.

2001; II. D Droits fondamentaux, devoirs fondamentaux et principes de l’activité de l’État régi par le droit; 2. D Devoirs fondamentaux; Prestations personnelles

Every person may be required to provide certain personal services, notably public utility work in the event of a disaster or emergency situation.

The law establishes the conditions related to the provision of these services.

2001; II. D Droits fondamentaux, devoirs fondamentaux et principes de l’activité de l’État régi par le droit; 3. P Principes de l’activité de l’État régi par le droit; Légitimité

The activity of the State is based on the law.

It must serve a public interest and be proportionate to the intended purpose.

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

2001; III. B Buts de l’État; Principe

Within the limits of their competencies and available means, the citizens as well as the authorities of the canton and the municipalities strive to achieve the goals set by the State.

No right to state benefits can be directly inferred from the state's goals.

2001; III. B Buts de l’État; Formation

The State sets the following goals for itself: a. to provide children and young people with education and training in line with their aspirations and abilities; b. to ensure equal opportunities at all levels; c. to ensure the existence of public educational institutions as well as a wide range of high-quality courses; d. to enable the improvement of skills and abilities acquired during education.

It ensures the development of the intellectual, social, creative, emotional, and physical faculties of children and adolescents and encourages collaboration between schools and parents in the areas of education and training.

It strives to ensure that school and scientific education is provided and research is conducted in a manner that is responsible towards human beings and their environment.

2001; III. B Buts de l’État; Culture

The State aims to ensure: a. the creation and development of cultural values; b. the preservation and transmission of cultural heritage; c. the dissemination of contemporary cultural creations.

2001; III. B Buts de l’État; Sécurité sociale

In addition to individual responsibility and private initiative, the State aims to ensure the social security of the population, particularly families, children, young people, as well as individuals who are alone, elderly, or disabled.

2001; III. B Buts de l’État; Protection de la famille

The State aims to protect and promote the family.

In particular, it encourages the creation of appropriate conditions for child care.

2001; III. B Buts de l’État; Intégration sociale

The State sets as its goal the assurance of social integration.

2001; III. B Buts de l’État; Santé

The State aims to ensure that the population can: a. benefit from adequate healthcare services under reasonable conditions; b. benefit from a wide range of effective prevention and education services in the field of health; c. engage in sports.

2001; III. B Buts de l’État; Protection de l’environnement

The State sets itself the goal of: a. preserving human beings and their natural environment from harmful or nuisance impacts; b. ensuring the sustainability of the regenerative capacity of natural resources; c. ensuring that the burdens are appropriately borne by those who cause them.

2001; III. B Buts de l’État; Aménagement du territoire

The State aims to ensure: a. a rational use of the territory; b. a judicious and measured use of the land; c. the protection of the landscape.

2001; III. B Buts de l’État; Transports

The State aims to ensure that: a. the entire cantonal territory is sufficiently accessible; b. public and private means of transportation are used wisely and according to needs.

It takes into consideration the needs of the most vulnerable among road users.

2001; III. B Buts de l’État; Économie et travail

The State sets the following objectives: a. to ensure the existence of a diversified and competitive economy that provides stable and varied employment and serves the goal of common prosperity; b. to maintain good relations between social partners; c. to ensure that the working population can earn a living under acceptable conditions; d. to make the canton and municipalities economically attractive both to the population and businesses.

2001; III. B Buts de l’État; Agriculture et économie forestière

The State aims to ensure the sustainability of an agricultural and forestry economy that produces in a manner both sustainable and efficient, and capable of fulfilling the numerous tasks it undertakes in service of nature, the community, and the economy.

2001; III. B Buts de l’État; Approvisionnement et élimination des déchets

The State aims to ensure that: a. the supply of water and energy is guaranteed, and these resources are used sparingly; b. resources are used sustainably; c. waste is avoided, reduced, and recycled.

2001; III. B Buts de l’État; Sécurité et ordre publics

The State sets the goal of ensuring public security and order.

2001; III. B Buts de l’État; Relations extérieures

The State aims to collaborate with the Confederation, other cantons, and abroad, particularly: a. to fulfill common tasks; b. to ensure and develop mutual understanding among populations as well as to contribute to the maintenance of peace.

It ensures that the Confederation respects cantonal independence.

2001; IV. T Tâches de l’État; Principe

The State endeavors, in the fulfillment of its tasks, to achieve the goals it has set for itself.

Individuals who assume tasks of public interest may receive assistance from the State.

2001; IV. T Tâches de l’État; Accomplissement

The State shall perform, in accordance with the law, tasks that must be fulfilled in the public interest and whose fulfillment is not sufficiently ensured by private individuals.

The State shall perform itself the tasks incumbent upon it, especially when it involves: a. ensuring the basic supply for the population; b. deriving a benefit in a fair manner.

The law shall regulate the conditions under which the fulfillment of the State's tasks may be delegated to private individuals, as well as the avenues of appeal and supervision.

2001; IV. T Tâches de l’État; Répartition entre le canton et les communes

The law mandates the canton to undertake state responsibilities when the municipalities are unable to fulfill them in an economical and efficient manner, either alone or in collaboration with other municipalities.

When the municipalities carry out state responsibilities, they decide how they intend to do so and are responsible for their financing.

When a state responsibility is to be jointly fulfilled by the canton and the municipalities, the law determines whether the canton or the municipalities will be primarily responsible for the fulfillment and financing of this task.

2001; IV. T Tâches de l’État; Accomplissement décentralisé

The canton performs the functions of the State in a decentralized manner, particularly when the nature of the task, the economy of resources, or the effectiveness of task fulfillment so require.

2001; IV. T Tâches de l’État; Monopoles et régales

When public interest requires it, the State may establish and operate monopolies through legislative means.

Existing sovereign rights and special rights are reserved.

2001; IV. T Tâches de l’État; Souveraineté sur les eaux

The waters fall under the sovereignty of the State.

Existing private rights are reserved.

2001; IV. T Tâches de l’État; Examen

The tasks of the State must be subject to regular review to determine whether they are still necessary and financially sustainable, and if they are being fulfilled in an economical and efficient manner.

2001; V. D Droits politiques; 1. D Droit de vote; Personnes ayant le droit de vote

Have the right to vote Swiss women and men who: a. are at least 18 years old; b. are not prohibited from voting due to mental illness or cognitive impairment.

2001; V. D Droits politiques; 1. D Droit de vote; Exercice du droit de vote

Persons entitled to vote may exercise this right during: a. cantonal ballots if they reside in the canton; b. communal ballots if they reside in the concerned municipality. The law may provide for exceptions.

Persons entitled to vote may participate in cantonal and communal votes and elections, as well as sign initiatives or requests for referenda.

2001; V. D Droits politiques; 1. D Droit de vote; Éligibilité; a. Principe

All persons who have the right to vote may be elected to an authority.

The law may subject eligibility for the courts to special conditions.

2001; V. D Droits politiques; 1. D Droit de vote; Éligibilité; b. Incompatibilités

Parents and children, siblings, spouses and cohabiting partners, grandparents and grandchildren, sisters-in-law and brothers-in-law, as well as parents-in-law and sons-in-law or daughters-in-law, cannot simultaneously be members of the same authority. The law may provide for other cases of incompatibility.

The cases of incompatibility do not apply to the Cantonal Parliament and the municipal legislative assemblies.

No one can belong to an authority that exercises direct supervision over them. The law may provide for exceptions.

2001; V. D Droits politiques; 1. D Droit de vote; Exercice d’une fonction

To perform their function, elected persons must meet the conditions required for the exercise of voting rights.

The law may provide exceptions to the domicile requirement.

2001; V. D Droits politiques; 2. É Élections; Étendue

Persons entitled to vote elect: a. the members of the Cantonal Parliament; b. the members of the Government; c. the representatives in the Council of States and, in accordance with federal law, the members of the National Council; d. the presidents and other members of the civil and criminal courts of first instance, except for special judges designated by law; e. the presidents and members of the municipal councils; f. the members of the municipal legislative assemblies; g. the members of other authorities designated by law.

2001; V. D Droits politiques; 2. É Élections; Parlement cantonal

The deputies to the Cantonal Parliament are elected according to the system of proportional representation.

The election takes place in the electoral districts of Saint-Gall, Rorschach, Rheintal, Werdenberg, Sarganserland, See-Gaster, Toggenburg, and Wil.

The number of deputies to be elected is distributed among the electoral districts in proportion to their population. The law determines the method of calculating this distribution.

2001; V. D Droits politiques; 2. É Élections; Gouvernement et Conseil des États

The members of the Government and the deputies to the Council of States are elected according to the majority system.

The canton serves as the electoral district.

2001; V. D Droits politiques; 2. É Élections; Tribunaux civils et pénaux de première instance

The presidents and other members of the civil and criminal courts of first instance are elected according to the majority system.

The law defines the electoral districts.

2001; V. D Droits politiques; 2. É Élections; Autorités communales

Members of community legislative assemblies are elected according to the system of proportional representation. Communities may define electoral districts.

When a community defines electoral districts, the number of members to be elected is distributed among the electoral districts proportionally to their population. The law and the local regulations determine the method of calculation for this distribution and regulate the procedure.

The president, as well as the members of the municipal councils and members of other municipal authorities designated by law, are elected by the majority system.

2001; V. D Droits politiques; 3. I Initiative; Initiative constitutionnelle

The constitutional initiative allows 8,000 persons with the right to vote to request: a. the total revision of the cantonal Constitution or b. a partial revision of the cantonal Constitution, either in the form of a proposal conceived in general terms or as a drafted project.

2001; V. D Droits politiques; 3. I Initiative; Initiative législative

The legislative initiative allows 6000 individuals with the right to vote to request, in the form of a drafted proposal, the adoption, amendment, or repeal of a law.

2001; V. D Droits politiques; 3. I Initiative; Initiative de type unique

The unique-type initiative allows 4,000 persons with the right to vote to grant, in the form of a proposal drafted in general terms, a legislative mandate to the cantonal Parliament.

The cantonal Parliament fulfills the legislative mandate either by proposing a partial revision of the cantonal Constitution, or by adopting, amending, or repealing a law.

2001; V. D Droits politiques; 3. I Initiative; Recevabilité

The law defines the conditions of admissibility and regulates the procedure.

An initiative is particularly inadmissible in whole or in part when it

a. violates the higher law;

b. is not feasible;

c. does not respect the principle of the unity of form and that of the unity of substance.

2001; V. D Droits politiques; 3. I Initiative; Délai

Signatures must be collected within a period of five months.

2001; V. D Droits politiques; 3. I Initiative; Contre-projet

The Cantonal Parliament may submit a counter-proposal to an initiative.

The citizens vote simultaneously on the initiative and the counter-proposal. They may approve both proposals at the same time. In the event that both proposals are accepted, they decide which one they prefer.

2001; V. D Droits politiques; 3. I Initiative; Initiative au niveau communal

The law and the municipal regulations determine the potential subjects of an initiative at the municipal level, as well as the applicable deadlines and procedures.

2001; V. D Droits politiques; 4. V Votations; Votation obligatoire

The following must be submitted to a mandatory popular vote: a. projects for the total or partial revision of the Constitution; b. intergovernmental treaties which, due to their content, must be considered as having constitutional status, particularly if they provide for the transfer of legislative powers; c. initiatives that the Cantonal Parliament does not approve or to which it proposes a counter-proposal; d. decisions related to new expenditures exceeding the amount provided by law, as well as the laws that give rise to such expenditures.

2001; V. D Droits politiques; 4. V Votations; Référendum facultatif; a. Objets

The optional referendum allows 4,000 eligible voters or one-third of the members of the cantonal Parliament to demand a popular vote on: a. a law; b. an inter-state treaty which, due to its content, must be considered to have legislative status; c. a decision concerning new expenditures exceeding the amount stipulated by law.

Normative acts regarding the remuneration of state personnel and primary level teachers are not subject to the referendum.

2001; V. D Droits politiques; 4. V Votations; Référendum facultatif; b. Délai et procédure

Signatures must be collected within a period of forty days. The law determines the other conditions of admissibility of the referendum and regulates the procedure.

2001; V. D Droits politiques; 4. V Votations; Majorité

The proposal submitted to a popular vote is accepted if it receives the majority of the validly cast votes in the canton.

2001; V. D Droits politiques; 4. V Votations; Votations au niveau communal

The law and the municipal regulation determine the matters that, at the municipal level, are obligatorily subject to a popular vote or are subject to an optional referendum, as well as the deadlines and the procedure.

2001; V. D Droits politiques; 5. P Participation au processus de formation de l’opinion; Consultation

The adoption of constitutional or legislative provisions or the implementation of other cantonal projects may be preceded by a public consultation procedure or a consultation with interested parties.

2001; V. D Droits politiques; 5. P Participation au processus de formation de l’opinion; Partis politiques

Political parties contribute to forming public opinion and will.

The canton and the municipalities may support them in the fulfillment of this task.

2001; VI. A Autorités; 1. P Principes; Séparation des pouvoirs; a. Principe

The following authorities make their decisions independently from one another: a. the Cantonal Parliament, the Government, and the courts; b. the parliaments, executives, and local naturalization councils.

The judicial authorities deliver their judgments with complete independence. They are only bound by the law.

Members of the naturalization council who have been appointed by the civic community and who belong to the local parliament are required to recuse themselves when the local parliament deliberates on granting communal citizenship.

2001; VI. A Autorités; 1. P Principes; Séparation des pouvoirs; b. Parlement cantonal

The following are not permitted to sit in the Cantonal Parliament: a. members of the Government as well as the Secretary of State; b. judges of the Cantonal Court and the Administrative Court as well as members of other judicial authorities designated by law; c. employees of the cantonal administration designated by law.

2001; VI. A Autorités; 1. P Principes; Séparation des pouvoirs; c. Autorités judiciaires

Not admitted as members of a judicial authority are: a. members of the Government as well as the Secretary of State; b. employees of the cantonal administration designated by law.

2001; VI. A Autorités; 1. P Principes; Séparation des pouvoirs; d. Parlements communaux

The following are not permitted to sit in municipal parliaments: a. the president or the members of the municipal executive, as well as the municipal secretary; b. employees of the municipal administration designated in the municipal regulations.

2001; VI. A Autorités; 1. P Principes; Durée de fonction

The term of office is: a. four years for members of the Cantonal Parliament, the Government, and other authorities of the canton and municipalities; b. one year for the President of the Cantonal Parliament; c. one year for the President of the Government; d. four years for the Secretary of State; e. six years for members of the courts. In the case of other authorities, the law may, in particular cases, provide for a different term of office.

2001; VI. A Autorités; 1. P Principes; Information

The authorities inform the public of their activities either spontaneously or upon request, insofar as no public interest or private interest worthy of protection opposes it.

The law regulates the dissemination of information as well as access to official information.

2001; VI. A Autorités; 1. P Principes; Immunité

The members of the Cantonal Parliament and the Government cannot be criminally prosecuted for statements they make during the deliberations of the Cantonal Parliament and its bodies.

The Cantonal Parliament may, in a specific case, lift immunity in the event of clear abuse.

2001; VI. A Autorités; 1. P Principes; Responsabilité

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

The law provides for liability for damages lawfully caused in situations where equity demands it.

2001; VI. A Autorités; 2. P Parlement cantonal; Composition

The Cantonal Parliament consists of 120 members.

2001; VI. A Autorités; 2. P Parlement cantonal; Compétence; a. Élections

The Cantonal Parliament elects: a. its bodies, in accordance with its internal regulations; b. its representatives in inter-cantonal or international assemblies and parliamentary commissions; c. the President of the Government; d. upon proposal by the Government, the Secretary of State; e. the President as well as the other members of the Cantonal Court and the Administrative Court; f. the members of other authorities and bodies designated by law.

2001; VI. A Autorités; 2. P Parlement cantonal; Compétence; b. Affaires traitées

The Cantonal Parliament: a. enacts constitutional amendments; b. adopts, amends, or repeals laws; c. approves the conclusion or denunciation of inter-state treaties of constitutional or legislative rank; d. establishes its internal regulations and defines parliamentary instruments; e. informs itself about foreign relations and sets objectives to be achieved in this domain; f. decides on the budget as well as the tax rate and approves the state account; g. decides on new expenditures that exceed the amount fixed by law; h. examines task planning as well as financial planning in accordance with the law; i. discusses reports; j. exercises supervision over the Government and the state administration; k. exercises supervision over the management of the courts; l. submits cantonal initiatives in accordance with the Federal Constitution; m. fulfills other tasks assigned to it by law.

2001; VI. A Autorités; 2. P Parlement cantonal; Vote

Decisions are made by the majority of the voting members of the Cantonal Parliament.

The internal regulations may require that certain matters need the acceptance of the majority of all the members of the Cantonal Parliament.

2001; VI. A Autorités; 2. P Parlement cantonal; Législation

The Cantonal Parliament is called upon to legislate, with the express or tacit agreement of the people, particularly when it concerns, in a general form: a. defining the rights and obligations of individuals as well as those of the canton, the municipalities, and other public law corporations or b. outlining the fundamental principles of organization and procedures at the cantonal and municipal levels as well as for other public law corporations and institutions.

2001; VI. A Autorités; 2. P Parlement cantonal; Urgence

In cases of urgency, and with the approval of the majority of its members, the Cantonal Parliament may decide on the immediate entry into force of a law or a financial decree. Normative acts enacted under the emergency procedure must be submitted to a referendum at the latest within the year following their entry into force.

2001; VI. A Autorités; 3. G Gouvernement; Collège gouvernemental

The Government consists of seven members.

It makes and defends its decisions as a collegial authority.

2001; VI. A Autorités; 3. G Gouvernement; Présidence

The president of the Government: a. presides over the meetings; b. supervises the work of the Government; c. represents the Government when this task is not entrusted to another member; d. fulfills the special tasks assigned by law to the president of the collegial authority.

2001; VI. A Autorités; 3. G Gouvernement; Compétence; a. Tâches gouvernementales

The Government defines, within the limits set by legislation, the objectives and means of state action. It plans and coordinates the activities of the State.

It represents the State.

It directs the administration of the State and decides on its organization.

2001; VI. A Autorités; 3. G Gouvernement; Compétence; b. Élections

The Government conducts the elections which it is responsible for pursuant to the law.

It appoints its representatives in non-state organizations.

2001; VI. A Autorités; 3. G Gouvernement; Compétence; c. Tâches

The Government: a. generally prepares the files for the Cantonal Parliament; b. ensures the execution of the Constitution, laws, interstate treaties as well as the decrees of the Cantonal Parliament, particularly through: 1. ordinances, 2. execution acts, 3. the conclusion of agreements; c. submits an activity report to the Cantonal Parliament; d. submits the budget and state accounts to the Cantonal Parliament; e. submits task planning and financial planning to the Cantonal Parliament, in accordance with the law; f. responds to consultation procedures from federal authorities when it does not delegate this task to subordinate services; g. ensures the management of the canton in exceptional situations; h. settles certain specific disputes; i. decides on appeals for clemency; j. handles other tasks assigned to it by the law.

2001; VI. A Autorités; 3. G Gouvernement; Compétence; d. Relations extérieures

The Government directs the collaboration of the State with the Confederation, other cantons, and foreign countries.

Within the limits of its competencies

a. it concludes inter-state treaties;

b. it appoints the representatives of the State in inter-state bodies;

c. it informs the cantonal Parliament of all matters relating to external relations, particularly ongoing negotiations aimed at concluding significant inter-state treaties.

In accordance with the Federal Constitution, the Government has the authority

1. to submit cantonal initiatives when this right is not exercised by the cantonal Parliament;

2. to participate in cantonal referendums.

2001; VI. A Autorités; 3. G Gouvernement; Compétence; e. Urgence

When a regulation must be enacted without delay and the ordinary procedure cannot be adhered to due to a lack of time, the Government may provisionally legislate by way of ordinance. It must immediately request the cantonal Parliament to enact the necessary legal provisions. The maximum duration of the ordinance's applicability is two years.

2001; VI. A Autorités; 3. G Gouvernement; Compétence; f. Délégation

Within the limits prescribed by law, the Government may delegate its powers to: a. subordinate services; b. commissions with executive powers; c. public law institutions; d. individuals.

2001; VI. A Autorités; 4. J Justice; Principes

In the event of a dispute, everyone has the right to have their case judged by a judicial authority. In matters of public law, the law may exclude access to a judge in specific cases.

The law regulates, subject to federal law, the civil and criminal procedures, constitutional and administrative law procedures, as well as the organization of the courts.

The procedure and judicial organization ensure that justice is administered swiftly and reliably.

2001; VI. A Autorités; 4. J Justice; Procédure; a. en matière civile

Civil jurisdiction is exercised by the civil courts of first instance and the Cantonal Court. The law may provide for other courts.

The law provides for two ordinary jurisdictions ruling respectively in first and second instance. It deviates from this principle when

a. only the supreme court of the canton is competent;

b. the dispute concerns a matter of minor importance.

2001; VI. A Autorités; 4. J Justice; Procédure; b. en matière pénale

Criminal jurisdiction is exercised by the criminal courts of first instance and by the Cantonal Court.

The law may delegate certain jurisdictional powers in the field of administrative criminal law to the administrative authorities of the canton and the municipalities. Access to a judge is reserved.

The law provides for two ordinary jurisdictions ruling respectively in first and second instance. It deviates from this principle when the dispute concerns a matter of minor importance.

2001; VI. A Autorités; 4. J Justice; Procédure; c. en matière constitutionnelle et en matière administrative

Jurisdiction in constitutional and administrative matters is exercised by: a. the administrative authorities of the canton and municipalities; b. the administrative court as the supreme instance; c. other judicial authorities responsible for administrative jurisdiction.

2001; VI. A Autorités; 4. J Justice; Contrôle concret des normes

Judicial authorities review the conformity of the provisions of laws and ordinances with higher law on the occasion of their application in a specific case.

2001; VII. R Régime des finances; Principes de gestion financière

The law ensures the balance of cantonal and communal finances.

The canton and the communes use public funds economically and efficiently.

They establish the budget and the state account or the communal accounts in accordance with the principles of transparency and publicity.

2001; VII. R Régime des finances; Recettes; a. canton

The canton derives its financial resources in particular from: a. taxes and fees it levies; b. income from its assets; c. contributions and compensations for services paid by third parties.

It may borrow funds to finance its investments and to ensure its liquidity.

Taxes are levied according to the principles of equal treatment, universality, and economic capacity.

2001; VII. R Régime des finances; Recettes; b. communes

The law establishes the municipal taxes.

Each municipality determines its other sources of revenue insofar as they are not set by the law.

2001; VII. R Régime des finances; Péréquation financière

Financial equalization is governed by law. Its purpose is to provide political municipalities with the resources they need, to mitigate the differences between the financial capacities of the municipalities, and to compensate for the excessive financial burdens of the municipalities.

2001; VII. R Régime des finances; Compensation des avantages

The law may provide for the payment of compensation to the canton when a political municipality receives particular benefits due to certain tasks being carried out by the canton.

It may also provide for the payment of compensation to a political municipality when other municipalities or the canton receive particular benefits due to certain tasks being carried out by the municipality in question.

A right of participation is guaranteed to all interested parties.

2001; VII. R Régime des finances; Contrôle des finances

The finances of the canton and the municipalities are audited in accordance with the law by independent specialized bodies.

2001; VIII. C Communes; Types de communes

The following are considered as municipalities: a. political municipalities; b. school municipalities; c. municipal municipalities.

School municipalities and municipal municipalities are forms of special municipalities.

The law may provide for other types of special municipalities.

2001; VIII. C Communes; Autonomie communale

Municipalities are autonomous to the extent that the law does not restrict their decision-making freedom.

Municipalities are authorized to legislate in areas not exhaustively governed by law and in all areas where the law expressly authorizes them.

The canton takes into consideration the consequences that its actions may have on the municipalities.

2001; VIII. C Communes; Tâches

The municipalities fulfill the tasks that the canton assigns to them pursuant to the Constitution and the laws, as well as the public interest tasks they impose upon themselves within the limits of their autonomy.

2001; VIII. C Communes; Communes politiques

The territory of the Canton of St. Gallen is divided into political municipalities.

Their number and names are determined by law.

The political municipalities perform the municipal tasks that are not carried out by the special municipalities.

2001; VIII. C Communes; Communes scolaires

The school municipalities fulfill the tasks assigned to them by law in the fields of education and training.

2001; VIII. C Communes; Communes municipales

Municipal communities fulfill, with the means at their disposal, tasks of public utility, cultural or otherwise, in the interest of the community. Their services benefit the entire community.

2001; VIII. C Communes; Organisation; a. Fondements

The law regulates political rights and outlines the general framework of the organization and financial system of the municipalities.

Each municipality adopts a municipal regulation that specifically addresses its organization and the authorities' competencies.

2001; VIII. C Communes; Organisation; b. Organes communaux

The communal bodies are as follows: a. the electorate, which decides during a communal assembly or at the ballot box; b. the communal council; bbis. the naturalization council; c. the communal parliament in communes without a communal assembly; d. the management commission in communes with a communal assembly.

The law may establish other communal authorities.

2001; VIII. C Communes; Collaboration; a. Principe

Every municipality collaborates, through agreements, with other municipalities, in particular: a. by transferring tasks or accomplishing them jointly; b. by creating: 1. municipal syndicates for the fulfillment of certain tasks; 2. associations with a specific purpose for accomplishing one task or multiple related tasks. Corporations and institutions that fulfill municipal tasks may join if their activities have a particular relation to the purpose of these associations.

The law regulates the procedure and encourages intermunicipal collaboration.

If a municipality refuses a collaboration that is necessary, the law may provide for the additional costs resulting from this refusal not to be considered in financial equalization or to reduce certain contributions.

2001; VIII. C Communes; Collaboration; b. Syndicat de communes et association à but déterminé

The decision to join a municipal syndicate or an association with a specific purpose is within the jurisdiction of the municipalities. A municipality may, in accordance with the law, be compelled to join a syndicate if the economic use of resources or the efficient execution of tasks requires it. The individuals who have voting rights in the member municipalities of the syndicate constitute the electorate of the syndicate.

The electorate of the member municipalities of an association with a specific purpose makes its decisions in accordance with the founding agreement of the association and the municipal regulations.

2001; VIII. C Communes; Modification de l’effectif des communes; a. Procédure

The law regulates: a. the merger of municipalities; b. the division of a municipality to merge part of it with another municipality or to form a new one; c. the dissolution of municipalities that no longer perform tasks of public interest.

It regulates the transfer of rights and obligations.

2001; VIII. C Communes; Modification de l’effectif des communes; b. Encouragement des fusions

The law encourages the merger of municipalities in the interest of the economical use of resources and the efficient performance of tasks. If a municipality refuses a necessary merger or if, through its refusal, it significantly hinders other municipalities in the performance of their tasks, the law may provide for: a. disregarding the additional costs resulting from this refusal in financial equalization, or reducing certain contributions; b. an obligation to merge.

2001; VIII. C Communes; Surveillance

The municipalities are under the supervision of the canton.

In areas falling under municipal autonomy, supervision is limited to legality control.

In areas not falling under municipal autonomy, it includes control of both legality and appropriateness, unless otherwise provided by law.

2001; IX. A Acquisition du droit de cité; Principe

The right of citizenship in the political municipality establishes the cantonal right of citizenship.

2001; IX. A Acquisition du droit de cité; Octroi du droit de cité communal

The right of municipal citizenship is granted jointly by the political commune and the municipal commune. When the political commune encompasses several municipal communes, the person applying for the grant of the right of citizenship designates the competent municipal commune.

If there are no municipal communes, the political commune alone is competent.

2001; IX. A Acquisition du droit de cité; Conseil de naturalisation

The naturalization council is composed equally of members from the municipal council of the municipal commune and members from the communal council of the political commune. The president of the communal council of the political commune presides over the naturalization council and casts the deciding vote in the event of a tie.

If there are no municipal communes, the communal council of the political commune assumes the tasks of the naturalization council.

Unless a special regulation is provided by law, the provisions relating to the communal council of the political commune apply by analogy.

2001; IX. A Acquisition du droit de cité; Conseil de naturalisation; a. Procédure

The Naturalisation Council decides on the granting of the municipal and local citizenship rights. It announces the naturalisation in the official publication organ of the political municipality and publicly lays out its decision along with information regarding the applicant's suitability for naturalisation. Qualified voters of the political municipality may lodge a written and substantiated objection against the naturalisation with the Naturalisation Council in accordance with the law. The Naturalisation Council shall give the person applying for citizenship the opportunity to comment.

In municipalities with a citizens' assembly, the citizens' assembly decides on the naturalisation against which a valid objection has been raised; in municipalities with a parliament, the municipal parliament decides.

The Government decides on the granting of cantonal citizenship after municipal citizenship has been granted.

2001; IX. A Acquisition du droit de cité; Conseil de naturalisation; b. Réglementation complémentaire

The law may establish minimum conditions for the granting of municipal citizenship.

It regulates: a. the further course of the procedure; b. the criteria determining the validity of the opposition, in particular the requirements that must be met by the statement of reasons; c. the means of appeal.

2001; IX. A Acquisition du droit de cité; Cas spéciaux; a. Suissesses et Suisses

The communal and cantonal citizenship rights are granted, upon request, to Swiss women and men who have been residing in the political commune for at least five years.

2001; IX. A Acquisition du droit de cité; Cas spéciaux; b. Jeunes étrangers et apatrides

The communal and cantonal rights of citizenship are autonomously granted to young foreigners and stateless persons: a. if they submit their application before their twentieth birthday; b. if they have been domiciled in Switzerland for ten years, at least five of which are in the political municipality.

The law establishes the other conditions.

2001; IX. A Acquisition du droit de cité; Cas spéciaux; c. Compétence

The naturalization council grants the right of citizenship of the political municipality.

Persons who obtain the right of citizenship of the political municipality also acquire the citizenship of the municipal commune in which they reside.

Once the municipal citizenship is granted, the Government decides on the granting of cantonal citizenship.

2001; IX. A Acquisition du droit de cité; Cas spéciaux; d. Procédure

The law governs the procedure and the means of appeal.

2001; X. C Communautés religieuses de droit public; Liste des communautés reconnues

The following religious communities are recognized as public law entities: a. the Catholic Church and its parishes; b. the Reformed Church and its parishes; c. the Christian Catholic community; d. the Jewish community.

The Diocese of St. Gallen, the Reformed Church, the Christian Catholic Church, and the Jewish community are self-constituting entities.

2001; X. C Communautés religieuses de droit public; Autonomie

Religious communities are autonomous.

The law may grant them sovereignty in fiscal matters and provide for the collection of taxes by the State.

2001; X. C Communautés religieuses de droit public; Organisation

Religious communities shall define the main outlines of their organization in a constitutive act which they must submit to the vote of their members.

The Government approves the constitutive act: a. if the right to vote and the organization of the religious community as a church recognized by the State are in accordance with democratic principles; b. if the financial management of the community is in accordance with the principles of transparency and publicity; c. if it does not contain any provision contrary to federal or cantonal law.

2001; XI. R Révision de la Constitution; 1. P Procédure de révision; Principe

The cantonal constitution may be amended by means of a total or partial revision.

Unless otherwise provided by this Constitution, the revision follows the procedure applicable to laws.

2001; XI. R Révision de la Constitution; 2. R Révision totale; Ouverture

The process of total revision of the cantonal Constitution is initiated by a resolution of the cantonal parliament or by a constitutional initiative.

2001; XI. R Révision de la Constitution; 2. R Révision totale; Votation préliminaire

The electorate shall decide on the principle of a total revision during a preliminary vote.

During the same vote, they are called upon to decide whether the total revision should be carried out by the Cantonal Parliament or by a Constituent Assembly.

2001; XI. R Révision de la Constitution; 2. R Révision totale; Assemblée constituante

If it decides to entrust the revision to a Constituent Assembly, the electorate elects its members by applying by analogy the provisions relating to the election of the Cantonal Parliament.

The Constituent Assembly is composed of 180 members.

The provisions of this Constitution concerning the separation of powers in relation to the Cantonal Parliament and the term of office are not applicable.

2001; XI. R Révision de la Constitution; 2. R Révision totale; Votation

The draft of a new Constitution adopted by the Constituent Assembly or the Cantonal Parliament is submitted in full or in parts to the electorate.

The parts may be submitted to the electorate simultaneously or in stages. They come into force on the same date.

If a part of the new Constitution is rejected, the electorate must vote either on a revised version of the rejected part or on the entire draft of the new Constitution. If the proposal is rejected again, the total revision is considered to have failed.

2001; XI. R Révision de la Constitution; 3. R Révision partielle; Ouverture

The procedure for partial revision of the cantonal Constitution is initiated by: a. a decree of the Cantonal Parliament adopted spontaneously or following a single-type initiative; b. a constitutional initiative.

2001; XII. D Dispositions finales; Abrogation

Are repealed: a. the Constitution of the Canton of St. Gallen of November 16, 1890; b. the decree of the Grand Council concerning the partial amendment of the cantonal Constitution of February 4, 1912; c. the decree of the Grand Council concerning the partial amendment of the cantonal Constitution for the introduction of the financial referendum of January 20, 1924.

2001; XII. D Dispositions finales; Adaptation des lois en vigueur

The Cantonal Parliament shall adapt the laws that are not in conformity with this Constitution within three years following its entry into force.

It may, exceptionally, extend this period if it does not have, for pertinent reasons, the possibility to make the necessary adaptations within the allotted time.

2001; XII. D Dispositions finales; Dispositions transitoires; a. Durée de fonction

The members of the bodies and authorities of the canton and the communes shall remain in office until the end of their term. Replacement elections are governed by the former law.

2001; XII. D Dispositions finales; Dispositions transitoires; b. Élection du Parlement cantonal

Until the entry into force of legal provisions implementing Art. 37, para. 2, of the present Constitution, the electoral districts of the canton are as follows: a. electoral district of St. Gallen, comprising the political municipalities of St. Gallen, Eggersriet, Wittenbach, Häggenschwil, Muolen, Waldkirch, Andwil, Gossau, and Gaiserwald; b. electoral district of Rorschach, comprising the political municipalities of Mörschwil, Goldach, Steinach, Berg, Tübach, Untereggen, Rorschacherberg, Rorschach, and Thal; c. electoral district of Rheintal, comprising the political municipalities of Rheineck, St. Margrethen, Au, Berneck, Balgach, Diepoldsau, Widnau, Rebstein, Marbach, Altstätten, Eichberg, Oberriet, and Rüthi; d. electoral district of Werdenberg, comprising the political municipalities of Sennwald, Gams, Grabs, Buchs, Sevelen, and Wartau; e. electoral district of Sarganserland, comprising the political municipalities of Sargans, Vilters-Wangs, Bad Ragaz, Pfäfers, Mels, Flums, Walenstadt, and Quarten; f. electoral district of See-Gaster, comprising the political municipalities of Amden, Weesen, Schänis, Benken, Kaltbrunn, Rieden, Gommiswald, Ernetschwil, Uznach, Schmerikon, Rapperswil, Jona, Eschenbach, Goldingen, and St. Gallenkappel; g. electoral district of Toggenburg, comprising the political municipalities of Wildhaus, Alt St. Johann, Stein, Nesslau, Krummenau, Ebnat-Kappel, Wattwil, Lichtensteig, Oberhelfenschwil, Brunnadern, Hemberg, St. Peterzell, Krinau, Bütschwil, Lütisburg, Mosnang, Kirchberg, Mogelsberg, and Ganterschwil; h. electoral district of Wil, comprising the political municipalities of Jonschwil, Oberuzwil, Uzwil, Flawil, Degersheim, Wil, Bronschhofen, Zuzwil, Oberbüren, Niederbüren, and Niederhelfenschwil.

2001; XII. D Dispositions finales; Dispositions transitoires; c. Initiative et référendum

Initiative requests that have been submitted and declared valid before the entry into force of this Constitution are governed by the former law regarding the number of required signatures and the timeframe for collecting signatures.

Single-type initiatives are handled in accordance with the provisions of the law of November 27, 1967, on the referendum and the initiative relating to legislative initiatives, which apply by analogy.

Laws and decrees concerning inter-state agreements or new expenditures, which are subject to an optional referendum, are subject to the application of the former law regarding the timeframe for collecting signatures if the final vote in the Grand Council took place before the entry into force of this Constitution.

2001; XII. D Dispositions finales; Dispositions transitoires; d. Communes municipales

The municipal communes existing at the time of the entry into force of this Constitution are recognized as special communes if they perform tasks of public utility, cultural or other, in the interest of the community, and if they possess assets.

The Government determines the dissolution of municipal communes that do not meet the conditions set out in paragraph 1 of this article. Their rights and obligations are transferred to the political commune.

2001; XII. D Dispositions finales; Dispositions transitoires; e. Droit de cité

From the effective date of this Constitution, the citizens of municipal communes automatically receive the right of municipal citizenship according to the new law.

2001; XII. D Dispositions finales; Dispositions transitoires; f. Acquisition du droit de cité

From the entry into force of the present Constitution, the authority to grant citizenship is determined in accordance with its provisions.

2001; XII. D Dispositions finales; Entrée en vigueur

This Constitution shall enter into force on January 1, 2003.

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