Constitution of the Canton of Aargau, (1980) - People and State Power

The power of the State derives from the people. It is exercised by the electorate and the authorities.

The people and the authorities shall act in accordance with the law and in good faith. All public activity must be tailored to its objectives.

The canton actively participates, to the extent determined by federal law, in the organization of the Swiss Confederation.

It performs with prudence and loyalty the tasks entrusted to it by the Confederation.

The Canton of Aargau collaborates with other cantons for all tasks that are advisable to accomplish at the inter-cantonal level. It promotes the solidarity activities of the cantons.

The canton is divided into municipalities.

The municipalities independently regulate and administer their affairs, under the supervision of the canton.

The cantonal and communal right of citizenship is regulated by law.

Fundamental rights bind all public authorities.

To the extent that it is consistent with their nature, they also obligate individuals among themselves.

Fundamental rights may only be restricted to the extent permitted by federal law or the present constitution. For persons in a particular relationship of dependency with the State, it is permissible to further restrict the exercise of fundamental rights, but only to the extent required by the specific public interest on which this relationship is based.

The people and the authorities shall respect and protect human dignity.

All individuals are equal before the law.

No one shall be prejudiced or advantaged because of their sex, descent, origin, language, race, social position, religious affiliation, or political or religious beliefs.

Freedom of conscience and belief is inviolable.

Neither philosophical opinions nor religious prescriptions exempt individuals from fulfilling civic obligations.

The freedom of religious communities is guaranteed with respect to their teaching, organization, and worship.

Religious communities must not compromise public peace among their respective members nor the rights of citizens.

Everyone has the right to freely form an opinion, express it, and disseminate it without constraint by word, writing, image, or any other means, and to freely receive opinions expressed by others.

Everyone has the right to receive information intended for the public and to disseminate facts known to them.

Provisions concerning the protection of youth and personal interests, as well as laws on mass information media, remain reserved.

Censorship is prohibited.

Incitement to commit unlawful acts is not protected under the freedom of opinion.

Teaching and scientific research as well as artistic activity are free. Teaching and research must respect the dignity of the creature.

Personal freedom is inviolable. Everyone has the right to life, physical and spiritual integrity, and freedom of movement.

The secret and intimate sphere of private and family life, protection against data abuse, the inviolability of the home, as well as the confidentiality of correspondence and telecommunications, are guaranteed.

Reserved are the measures provided by law to protect youth and health, to allow assistance, judicial organizational procedures, criminal prosecution, and the execution of penalties. Furthermore, temporary interventions aimed at safeguarding public order and security are authorized.

Violations of the freedom of will, torture, and other inhumane treatments are not permitted under any circumstances.

All Swiss citizens have the right to free movement throughout the entire cantonal territory. They may settle wherever they wish and leave at any time.

Freedom of assembly is guaranteed.

Meetings on public property may be restricted if they pose a serious and imminent threat to public order and safety.

Freedom of association is guaranteed, provided that the objectives pursued and the means used are not illegal.

No one can be compelled to join a private law association.

Everyone has the right to submit requests and petitions to the authorities, who are obliged to respond to them.

Every person has the right to freely choose and practice a profession and economic activity.

This is subject to the provisions enacted by the police, the cantonal sovereign rights, and the economic policy measures permitted in accordance with federal law.

Property and rights related to patrimonial assets are guaranteed. Legislation defines their content.

Restrictions may be imposed on property in the public interest on the basis of a law.

Expropriations can be ordered by the Grand Council or the Council of State, but only within the limits set by the law.

In cases of expropriations or restrictions on property akin to expropriation, full compensation is due.

In administrative procedures, the parties concerned have the right to be heard and treated fairly. Borrowed persons must not be disadvantaged in the procedures. People of modest means are entitled to free justice.

Anyone deprived of their freedom of movement must be informed without delay and in an understandable manner of the reasons justifying the measure. They have the right to be heard before a judge or an official with special legal authority within twenty-four hours following their arrest, and to request that their deprivation of liberty be reviewed by a judge.

If a deprivation of liberty or any other serious restriction of personal freedom proves to be illegal or unjustified, the responsible community is obliged to fully compensate for the damage and, if applicable, to pay compensation for moral harm.

Retroactivity of legislative acts is not permitted when it results in imposing a disproportionate burden.

The State promotes general prosperity and social security.

Taking into account individual responsibility, within the limits of its legislative powers and federal law, the State takes measures enabling everyone to: a. receive education and training according to their abilities and preferences; b. provide for their needs through appropriate employment and be protected against unjust loss of employment and the consequences of unemployment; c. find suitable housing under reasonable conditions; d. possess the necessary means for their existence.

The canton must have a constitutional basis to carry out tasks that are not assigned to it by federal law.

This reservation does not apply to municipalities.

When municipalities are expressly named in this chapter of the constitution, they have the right and obligation to assume the mentioned tasks.

The canton and the municipalities ensure public order and safety. In particular, they protect life, liberty, health, and morality. They prevent social distress.

Every child has the right to an education that corresponds to their abilities.

The canton assists parents in the education and training of children.

The school system is regulated by law.

The municipalities or municipal associations are responsible for mandatory primary education.

The canton assists the municipalities and municipal associations in fulfilling these tasks, particularly by covering the salaries of teachers and school management members of primary schools.

The municipalities and municipal associations contribute to the personnel expenses of primary schools. The law determines the framework for this contribution.

The canton assists or manages special schools and homes.

It exercises oversight over primary schools, special schools, and homes.

The canton manages secondary schools and normal schools.

It supports vocational training and further education, and oversees vocational training. It may manage vocational schools and preparatory courses for technical colleges.

It addresses the general education of all adolescents, including those not following a standard educational path.

It encourages adult education.

The law determines: a. the decision-making powers of the education council and its competencies as an advisory body to the Council of State; b. the competencies of the district school councils and municipal councils.

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

It may manage a university, research institutions, or technical colleges.

The canton may support recognized private schools.

Private primary schools are subject to cantonal supervision.

Education provided in public schools and other public educational institutions is free for the inhabitants of the canton. The law governs the exceptions.

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School authorities take compensatory measures in favor of children who are disadvantaged by their home situation or for social reasons, or who are disabled.

The canton may grant subsidies for education.

Education in public schools must take into account the right of parents to educate and train their children and respect the personality of the students.

In their teaching, public school teachers are bound by the fundamental constitutional order and the objectives of public education.

The canton encourages cultural creation and community life.

It ensures the preservation of cultural assets. In particular, it protects typical localities as well as historical sites and monuments.

It maintains institutions intended for the cultivation of sciences, arts, and folklore.

The canton enacts a law on mass media with the specific aim of promoting the diversity of information.

The canton shall take measures to maintain and strengthen the family.

The canton and the municipalities take into consideration, in all their activities, the concerns and needs of the youth.

The canton and the municipalities may support the creation of infrastructures for the youth.

The canton, in cooperation with the municipalities and private organizations, looks after individuals in need. They encourage measures of mutual aid.

The canton may establish or support welfare and assistance institutions as well as institutions that complement the social insurance of the Confederation.

It assists or manages homes within the framework of social assistance.

It strives to mitigate unemployment and takes measures in favor of retraining and professional development.

The canton shall regulate by law the rights and duties of prisoners during the execution of sentences and measures, of persons in preventive detention, and of individuals interned for assistance reasons.

The canton takes measures to maintain and restore health, in collaboration with municipalities and individuals.

It creates conditions for a reasonable provision of medical services to the entire population. It encourages home care.

It promotes and regulates medical institutions. It may establish its own facilities.

It supports research as well as the training and further education of medical personnel.

It oversees and coordinates the medical system.

It promotes physical exercise and sports.

The canton and the municipalities endeavor, through their legislation and by assuming all their competencies, to best protect humans and their natural environment from nuisances.

They particularly ensure the purity of air and water, safeguard the beauty and uniqueness of landscapes, preserve soil fertility, and combat noise.

The canton and the municipalities enact the necessary provisions for the maintenance and protection of fauna and flora, geological curiosities, rock formations, and watercourses. They will pay special attention to the beauty of the landscape when exploiting raw materials.

They create and maintain protected areas.

Within twenty years from the entry into force of this constitutional provision, the Canton of Aargau shall establish a protected alluvial reserve with the aim of safeguarding the endangered habitats of alluvial zones and preserving what remains of the ancient alluvial areas of national importance and unique landscape and biological interest. This reserve comprises, starting from the confluence of rivers ("Water Gate of Switzerland"), areas adjacent to the banks of the Aar, the Reuss, and their tributaries. It extends over a contiguous area representing a maximum of one percent of the canton's total area.

The canton and the municipalities strive, through their legislation and by exercising all their powers, to protect humans and their natural environment against nuisances to the greatest extent possible.

The canton and the municipalities protect mineral water sources and spa resorts, as well as the surrounding rest and recovery areas.

Municipalities shall ensure the disposal of wastewater and waste in accordance with cantonal law, while taking into account environmental concerns. The canton may undertake special tasks related to waste disposal. The recovery of old materials should be promoted.

The canton, the municipalities, and the associations of municipalities ensure a rational occupation and wise use of the land. In all their activities, they take into account the objectives and requirements of spatial planning.

The canton establishes regulations regarding public property and its use.

The canton and the municipalities enact regulations concerning construction as well as provisions related to land development. The canton manages land consolidation and boundary corrections.

The canton regulates the system of cadastral surveying.

It may promote the construction of affordable housing, the rehabilitation of housing construction, and the distribution of home ownership.

The canton may, in collaboration with the municipalities, provide appropriate locations for a limited stay to non-sedentary ethnic minorities.

The canton and the municipalities shall organize transportation and road traffic.

They shall endeavor to organize transportation in a manner that is the most economically favorable and environmentally friendly.

The canton, in agreement with the municipalities, shall promote public transportation.

The canton, in collaboration with social partners, strives to safeguard social peace and ensure a balanced economic development.

The economy must be productive, maintain employment at the highest possible level, establish regional compensations, develop in diversity and respect for the environment, and allow for a broad distribution of property.

The canton takes necessary measures to limit regulatory density and the administrative burden on the economic sector as much as possible. In doing so, it considers the interests of small and medium-sized enterprises.

The canton aligns its economically significant activities with the objectives of the cantonal economic policy.

The canton shall regulate by law: a. the promotion of productive, sustainable agriculture that aligns with supply security and the measures to be taken to preserve natural resources and protect the rural landscape, b. the assurance that each forest is managed in a manner appropriate to its functions, c. ... d. ... e. ...

The canton enacts, within the limits of the reservations and authorizations of federal law, the regulations ensuring a rational exercise of economic activities.

The canton encourages and coordinates the measures taken by the municipalities to ensure the water supply.

The canton promotes an ecologically and economically favorable energy supply as well as a measured use of energy. It may establish and maintain energy production and distribution enterprises or participate in such enterprises.

In the absence of provisions in the law, the Grand Council may determine the legal form, tasks, and organization of energy supply enterprises. It decides on the potential participations of the canton.

Reserved to the canton, as exclusive economic activities: a. hunting; b. fishing; c. the acquisition of natural resources from the subsoil; d. the sale of salt; e. the capture and use of public water courses and sources of mineral and thermal waters; f. fire insurance for buildings; g. deep underground exploitation.

The canton may exercise these functions itself or delegate them to third parties through a law or concession. Existing private rights over regalian properties remain reserved.

The canton may, by law, declare certain insurances mandatory, as well as create or support insurance institutions.

The canton maintains a cantonal bank to promote economic and social development.

For the purpose of fulfilling its duties, the canton may, based on laws, participate in mixed economy enterprises or private enterprises.

The right to vote belongs to all Swiss citizens aged 18 years and older, who reside in the Canton of Aargau and are not under general guardianship or represented by an agent due to incapacity as a result of a permanent inability to discern.

The right to vote authorizes and obliges participation in elections and votes as well as in municipal assemblies.

In deviation from paragraph 1, the right to elect the deputies of the Council of States is granted to Swiss citizens residing abroad who have the right to vote in the Canton of Aargau on federal matters.

The right to vote is exercised in the municipality where the voter has their domicile and papers. Exceptions are established by law.

There is no waiting or adaptation period for Swiss citizens.

Citizens with the right to vote elect: a. the Grand Council; b. the Constituent Assembly; c. the Council of State; d. the deputies to the Council of States; e. the presidents of the district courts and district judges, except for specialized judges of the district courts; f. the justices of the peace; g. ... h. the municipal authorities in accordance with the provisions of this constitution and the law; i. other authorities and officials designated by law.

The Grand Council, the Constituent Assembly, and the residents' councils are designated according to the same proportional system. A quorum may be established by law for the election of the Grand Council and the Constituent Assembly.

All other authorities are designated according to the majority system.

The following shall in any event be subject to popular vote: a. amendments to the constitution; b. laws, when they have not been accepted by the absolute majority of all members of the Grand Council; if this quorum is reached, a quarter of all members of the Grand Council may nonetheless submit the law to a popular vote; c. decrees of the Grand Council and popular initiatives requesting a total revision of the constitution; d. popular initiatives requesting that constitutional provisions or laws be enacted, amended, or repealed, when the Grand Council does not wish to proceed with them or opposes them with counter-proposals; e. decrees of the Grand Council pursuant to § 63, para. 1, let. b to d and f, of this constitution, when they have not been accepted by the absolute majority of all members of the Grand Council; if this quorum is reached, a quarter of all members of the Grand Council may nonetheless submit the decree of the Grand Council to a popular vote. Decisions of the municipal assembly or the residents' council are subject to mandatory popular vote to the extent provided for by law and municipal regulations.

Subject to a popular vote, upon the request of 3000 active citizens, are: a. laws; b. fundamental plans of public activities designated by law, when they are mandatory; c. international and intercantonal treaties approved by the Grand Council; d. decrees of the Grand Council regarding new single expenditures of more than 5 million francs or new annual expenditures of more than 500,000 francs; e. decrees of the Grand Council concerning the use of external capital, when they result in additional debt for the canton; f. other decrees of the Grand Council designated by law.

A popular vote on new expenditures concerning constructions or construction subsidies cannot be excluded and final authority can only be attributed to the authorities if, following a law or a decree of the Grand Council itself subject to a popular vote, a. the costs have been determined; b. for cantonal constructions, the object and location have been fixed; c. for construction subsidies, the objects are designated.

The Grand Council may be authorized to resort to external capital for a determined purpose, provided that the amount is fixed by a law or a decree of the Grand Council, which is subject to a popular vote.

Decisions of the municipal assembly or the residents' council are subject to an optional popular vote as provided by law and the municipal regulations.

3,000 active citizens may request a total revision of the constitution or the enactment, amendment, or repeal of specific constitutional provisions or a law.

Popular initiatives are presented in general terms or, provided they do not request a total revision of the constitution, in the form of drafted proposals. Those requesting a partial revision of the constitution must be limited to a uniform area of regulation.

The Grand Council first examines whether the initiative complies with the formal requirements, whether it is not contrary to federal law, and, insofar as it relates to law at the legislative level, whether it is in accordance with cantonal constitutional law. If it does not meet any of these requirements, it is declared null and void.

If it is a valid popular initiative presented in general terms, the Grand Council drafts a proposal to implement it. If the Grand Council does not wish to proceed with the initiative, the people decide whether it should comply with the request.

The Grand Council may oppose the initiative with a counter-proposal. In this case, the people must decide simultaneously in a primary vote on the initiative and in a potential vote on the counter-proposal.

During the preparation of projects, the Grand Council or the Council of State may hear the cantonal political parties and interested organizations.

When projects are subject to mandatory or optional popular vote, it is not permissible to forgo a consultation. Everyone may make proposals.

Political parties participate in shaping the opinion and will of active citizens.

Subsidies may be granted through legislative means to cantonal parties whose aims and internal organization are based on democratic principles.

The authorities ensure compliance with the law and the efficiency of the State's activities. They uphold the public interest.

The organization of the authorities is based on the principle of the separation of powers.

Persons with the right to vote in the canton are eligible for the Grand Council, the Council of State, the courts, and the offices established by this constitution. The law determines the exceptions applicable to the courts.

For positions requiring special knowledge, additional eligibility conditions may be stipulated.

No one may simultaneously be a member of the Grand Council and the Council of State, or a member of one of these authorities and the cantonal court or the magistrate's court. Other incompatibilities are governed by law.

No one may be a member of the Grand Council if they are in a public service relationship governed by cantonal law. Exceptions compatible with the principle of separation of powers are determined by law.

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

The term of office for the authorities is four years.

The law determines, taking into account § 61, which employees are elected for an administrative period and which are employed on a contractual basis.

The seat of the Grand Council, the Council of State, and the Cantonal Court is Aarau.

The official language is German. Authorities and official services may also use another national language or English, provided that no disadvantage results for other parties involved in the procedure.

Everyone has the right to access administrative records.

The deliberations of the Grand Council and the courts are public.

The law establishes the exceptions required by public and private interests.

The public is continuously informed about the activities of the authorities.

The Council of State ensures balanced information for voters in view of cantonal referendums.

Before assuming office, members of the authorities and officials pledge to uphold the constitution and the law.

The canton and the municipalities are liable for damage unlawfully caused to third parties by their authorities or by their officials or other collaborators in the exercise of their official duties. They are also liable for damage lawfully caused when private individuals are severely harmed and it is unreasonable to expect them to bear the damage themselves. The law may provide for exceptions and regulates the exercise of the right to compensation for damage.

Organizations and individuals entrusted with executing public tasks are liable for damage they have unlawfully caused from their assets; if these assets are insufficient to cover the damage, the municipality that delegated the tasks to them is liable for the remaining amount. The law may provide for exceptions and regulates the exercise of the right to compensation for damage.

The law regulates the recourse of the canton and the municipalities against the person who caused the damage according to paragraphs 1 and 2.

Members of the Grand Council are not legally responsible for statements made in the Grand Council or in its committees. However, the Grand Council may lift immunity for a statement when it is evident that it has been abusively used.

The Grand Council is the legislative authority and the highest supervisory authority of the canton.

It is composed of 140 members.

The law regulates the substitution of members who are unable to attend for the long term.

The people elect the Grand Council according to the proportional representation system.

The districts form the electoral circles. The seats are distributed among the political groups based on their electoral strength in the canton.

The mandates are allocated among the electoral circles in proportion to the resident population.

The Grand Council enacts in the form of law all important provisions, notably those that define the rights and duties of citizens or the main outlines of the organization of the canton and municipalities. It governs the execution of federal law in the form of a law, unless federal law, this constitution, or another law provides otherwise.

It may issue decrees for execution provisions, to the extent that laws expressly authorize it to do so. Decrees are not subject to a popular vote.

Laws must undergo a double reading.

Laws, whose entry into force cannot suffer any delay, may be put into effect immediately if the absolute majority of all members of the Grand Council decide the urgency. These laws will subsequently be submitted to a popular vote in accordance with § 62, para. 1, let. b, or § 63, para. 1, let. a, of this constitution.

The law may provide for the applicability of private execution provisions. It regulates the conditions and limits of this applicability.

The Grand Council approves the state activity plans designated by the law.

The law regulates the legal effects of these plans for the authorities, the involvement of the Grand Council, and the procedure.

The Grand Council exercises high oversight over all authorities and bodies responsible for cantonal duties.

The Grand Council adopts the budget and approves the management report and annual accounts.

It decides, subject to the powers of the people, on new expenditures and the use of external capital.

The Grand Council: a. approves international and intercantonal treaties, unless the Council of State is declared competent by law to conclude them definitively; b. exercises the rights of participation in the federal state granted to the cantons by the federal constitution (Art. 86, 89, 89 bis, and 93); c. may express positions on responses to consultations that the Council of State addresses to the federal authorities; d. resolves conflicts of jurisdiction between cantonal authorities; e. regulates the salaries, pensions, retirements, and any allowances paid to invalids and survivors by the canton; f. sets the fees to be collected by the canton and its institutions, unless otherwise provided by law; g. enacts the cantonal land-use plans with general impact; h. elects: 1. the presidents and members of the courts competent at the cantonal level, except for the court for enforcement measures and the conciliation authority in matters of equality, 2. the vice-president of the cantonal court, 3. the voting members of the judicial administration; i. grants cantonal citizenship rights to foreigners; k. exercises the right to grant pardons; l. regulates public procurement by decree.

The law may attribute more extensive powers to the Grand Council, provided they are not of a legislative nature.

When international or intercantonal treaties require constitutional amendments, these must be undertaken before approval or final conclusion.

The presidency of the Grand Council is composed of the president and two vice-presidents. The president and the two vice-presidents are subject to a new election each year.

To prepare its deliberations, the Grand Council may establish committees from among its own members.

The law may assign specific decision-making powers, which are part of the Grand Council's responsibilities, to these committees. However, the Grand Council must retain the option to handle a matter itself.

Members of the Grand Council may form groups, which receive subsidies.

The right to submit new items to the Grand Council for deliberation belongs to the members, groups, and permanent committees of the Grand Council, the State Council, and the judiciary leadership.

If the constitution contains no provision on this subject, the basic principles of the organization of the Grand Council and its relationship with the Council of State and the judiciary leadership are regulated by law.

The Grand Council shall make other provisions related to management in internal regulations.

The Council of State is the directorate and the supreme executive authority of the canton.

It is composed of five members.

The Council of State is appointed by the people according to the majority system.

Only one member of the Council of State may be part of the Federal Assembly.

The Council of State determines, subject to the competencies of the voters and the Grand Council, the main objectives and means of public activity. It plans and coordinates the activities of the State. It is further incumbent upon the Council of State to: a. safeguard public order and safety; b. represent the canton domestically and abroad; c. maintain relations with the authorities of the Confederation and other cantons; d. finalize international and intercantonal treaties, insofar as the law recognizes its competence to do so; e. organize elections, unless other bodies are charged with this task.

The State Council directs the cantonal administration. It supervises other bodies responsible for public tasks. It ensures compliance with the law and the effectiveness of the administration's activities and ensures, within the limits of the constitution and the law, the proper organization of the administration. Within the framework of the budget concerning areas of management under the jurisdiction of the Grand Council, it adopts the budgets for the areas of management within its competence. It makes decisions on administrative appeals as provided by law. It refuses the application of normative acts that are contrary to federal law, cantonal constitutional law, or cantonal laws.

The Council of State submits to the Grand Council draft amendments to the constitution, laws, and decrees.

It may enact legislative provisions in the form of ordinances. The purpose of the ordinance and the principles regarding its content must be stipulated in the law or decree.

The Council of State may enact the necessary provisions for the implementation of federal law: a. when federal law determines the content of the implementing law within the meaning of para. 2; b. in other cases, when there is urgency; the provisions of the ordinances lose their validity no later than two years after their entry into force.

It enacts the ordinances required by international and intercantonal treaties, unless cantonal laws are necessary.

It may also issue ordinances to address present or imminent disruptions of public order and security and to prevent social distress. Such ordinances become void no later than two years after their entry into force.

The legislative authority of the Council of State is non-delegable.

The Council of State issues its decrees as a collegial authority.

It appoints the Landammann and the Landstatthalter for a duration of one year. Re-election for the following year is excluded.

The chancellor leads the chancery, which functions as the general staff of the Council of State.

The cantonal administration is subdivided into departments. Decentralized administrative units may be formed.

The departments are led by members of the Council of State.

Cantonal administrative responsibilities may be delegated to independent institutions, municipalities, inter-cantonal or inter-municipal organizations, or mixed-economy companies. As an exception, even private law organizations may be entrusted with the fulfillment of such tasks, provided that legal protection of citizens and the supervisory rights of the Council of State are ensured.

Insofar as the constitution does not contain any provisions on the matter, the main guidelines of the organization of the State Council, the cantonal administration, and the civil servants' rights are regulated by law.

Non-independent institutions may, under the conditions governing the State Council's right to issue ordinances, enact provisions concerning their organization and the use of their facilities.

Independent institutions determine, within the limits of the law, their organization and the fees due to them.

The courts are independent and are subject only to the law and the right.

They are obligated to refuse the application of normative acts that are contrary to federal law, cantonal constitutional law, or cantonal statutes.

The administration of justice is the responsibility of the courts. Subject to the jurisdiction of other authorities, the judiciary leadership plans the activities of the courts, approves their budget, and exercises oversight. It represents the courts in relations with other authorities.

Only two members of the Cantonal Court may be part of the Federal Assembly.

The courts shall be organized clearly and simply by law. It is essential that the law can be applied surely and swiftly.

The canton shall provide for the establishment of free legal advice offices.

Courts exist for civil, criminal, and administrative jurisdiction. A court may be established for multiple jurisdictions.

Arbitral jurisdiction is recognized in disputes involving property rights. Arbitration judgments can be referred to state courts in accordance with the law.

The judiciary management may adopt regulations concerning the organization of the courts. The law or a decree shall establish the purpose and material organizational principles of the regulation.

Civil jurisdiction is exercised by: a. conciliation authorities; b. presidents of the district courts; c. district courts; cbis. judges of the Cantonal Court; d. the Cantonal Court.

Disputes related to labor law, commercial law, tenancy law, and insurance law may be assigned to special courts.

Criminal jurisdiction is exercised by: a. the Coercive Measures Court; abis. the presidents of the district courts; b. the district courts; c. ... d. the Cantonal Court. The law may authorize cantonal administrative offices and municipal authorities to impose minor fines. The law may grant tax authorities and administrative courts the authority to impose the fines under criminal tax law provided by federal law for violations of procedural obligations and tax evasion.

Administrative jurisdiction is exercised by: a. the special administrative court, b. the cantonal court, c. the judiciary court.

The administrative section of the cantonal court adjudicates conflicts of jurisdiction between administrative authorities and administrative courts.

It decides on disputes related to the liability of the canton, communes, and organizations and individuals tasked with executing public duties. The law may provide for exceptions.

The law may establish the office of the cantonal ombudsman.

The districts are decentralized territorial organizations of the canton, responsible for tasks related to cantonal administration, justice, and elections. There are district courts.

The canton comprises the districts of Aarau, Baden, Bremgarten, Brugg, Kulm, Laufenburg, Lenzburg, Muri, Rheinfelden, Zofingen, and Zurzach.

The Grand Council shall decide by decree the allocation of municipalities to the districts and the modifications of boundaries, after having consulted with the municipalities concerned. If a municipality opposes the allocation, the decree of the Grand Council is subject to a referendum.

The municipalities are autonomous public-law corporations. Their purpose is to promote the welfare and development of their inhabitants.

The political municipalities carry out tasks of local importance, provided that these tasks do not fall under the competence of other organizations.

The bourgeois municipalities administer local bourgeois assets, support the political municipalities, and promote cultural life.

For the merger, division, or reallocation of political municipalities, the consent of the interested municipalities expressed by a vote and the approval of the Grand Council are necessary.

There can be only one bourgeois municipality within a political municipality. The bourgeois municipalities may merge with the corresponding political municipalities if both municipalities decide to do so.

The municipalities are authorized, within the limits set by the constitution and the law, to organize themselves, to elect their authorities and officials, to carry out their tasks as they see fit, and to independently manage their public affairs.

The legislator grants municipalities the greatest possible scope for action.

The necessary bodies for each municipality are the totality of citizens expressing their will through the ballot, the municipal assembly or the council of residents, the municipal council, and the mayor.

Municipalities establish their organization in a municipal regulation, within the limits set by the constitution and the law.

The canton promotes and regulates the collaboration between municipalities. It may support the merger of municipalities.

To accomplish certain tasks, multiple municipalities can associate in municipal unions. The organization of these unions is determined in statutes, which are subject to the approval of the Council of State.

The law may require municipalities to form municipal unions or to join a municipal union.

The voters of the associated municipalities have, within the municipal unions and in accordance with the law, the rights to vote, to lodge complaints, and to make decisions.

The Evangelical Reformed Church, the Roman Catholic Church, and the Christian Catholic Church are recognized as national churches, with public law autonomy and their own legal personality.

The Grand Council may recognize other churches and religious communities as being under public law; in such cases, the following provisions shall apply to them by analogy.

Other religious communities fall under private law. They have the possibility to have the membership of their members recorded in public registers.

National churches organize themselves independently according to democratic principles, within the limits set by this constitution.

They establish an organizational statute, the text and any subsequent amendments of which are subject to the approval of the Grand Council. This approval will be granted if the organizational statute is not contrary to federal law or cantonal law.

The synod is the supreme body of each national church. It appoints the executive body and enacts the organizational statute.

The inhabitants of the canton belong to the national church of their denomination if they fulfill the conditions required in the organizational statute.

Withdrawal can be made at any time through a written declaration.

Voting rights are governed by the organizational statute.

The national churches are composed of parishes, in accordance with the provisions of their organizational statutes. Parishes are autonomous public law corporations endowed with their own legal personality. Each parish elects a parish council as its executive body, its delegates to the synod, and its pastors or priests.

Parishes may levy taxes from their members for the purpose of fulfilling ecclesiastical tasks listed in the organizational statute.

The tax obligation conforms to the tax legislation and the state taxation system. The organizational statute must provide for a right of referendum for parish decisions regarding the tax rate and expenditures.

National churches have the right to request contributions from their parishes set according to uniform rules.

National churches ensure financial equalization among the parishes.

National churches and parishes manage their assets and income independently, according to the principles applied by the state in the administration of public assets and income.

The national churches provide sufficient legal protection to the members of the denominations and the parishes.

Final decisions of the authorities of the national churches may be appealed to public bodies, within the limits set by legislation. It is the responsibility of these bodies to review the compliance of the decisions in question with the constitution and the organizational statutes.

The relations of the diocese of the Roman Catholic Church shall be in accordance with the agreements signed by the diocesan cantons among themselves and with the curia. The representation of the canton at the diocesan conference of the Diocese of Basel is provided by the delegates of the Roman Catholic Church.

The management of the budget shall be economical, adapted to the economic situation, and balanced in the long term. Compliance with these principles shall be subject to sufficient oversight.

The canton and municipalities shall ensure comprehensive task and financial planning, which must be in harmony with the financial planning of the Confederation.

Tasks and expenses shall be regularly examined regarding their necessity and appropriateness, their financial consequences, and their tolerability.

The cantonal budget, the levying of cantonal taxes, and financial equalization are regulated by law. The Grand Council is authorized to set the tax rate within the limits established by law.

The municipalities collect their taxes according to cantonal law. They set the tax rate.

The canton and the municipalities obtain the funds they need through: a. the collection of taxes, fees, and contributions; b. income from assets; c. contributions and shares in revenues from corporations, businesses, and public institutions; d. resorting to loans and borrowings.

The associations of municipalities cover their expenses through contributions from their members, as well as through fees and contributions.

In tax management, the principles of solidarity and taxpayers' capacity will be observed.

Taxes will be calculated in such a way that the total burden on taxpayers is socially bearable, does not overly demand the productive capacity of the economy, does not weaken the incentive to earn income and accumulate wealth, and encourages personal provision.

Tax fraud and resistance to tax collection will be effectively suppressed.

The canton ensures financial equalization.

Financial equalization must create a balanced situation in tax imposition and in the services of the municipalities; it will allow for the development of municipalities that meets the requirements of the times.

The disbursement of contributions to financial equalization may, based on the law, be subject to conditions and charges.

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

Partial revisions of the constitution shall be undertaken through the legislative process and are obligatorily subjected to a popular vote.

A partial revision may concern: a. a specific constitutional provision, or b. multiple constitutional provisions forming a uniform regulatory area.

The people decide in advance, on the basis of a popular initiative or a decree of the Grand Council, whether it is appropriate to undertake a total revision of the constitution.

The total revision must be undertaken by a constituent assembly.

The Constituent Assembly is elected by order of the State Council, from among all voters, with the same number of members and in the same manner as the Grand Council.

The Constituent Assembly establishes internal regulations and determines its manner of proceeding.

The revised constitution is submitted to the vote of the people.

This constitution shall enter into force on January 1st of the year following the granting of the guarantee by the Federal Assembly.

On the same date, the Constitution of the Canton of Aargau of April 23, 1885, shall be repealed.

In the Cantonal Constitution, the designation of persons and functions addresses both sexes.

The provisions of the current law that are incompatible with this constitution are repealed. Reserved are the special provisions of this transitional regime.

Normative acts enacted according to a procedure no longer provided for in this constitution remain in force.

The modification of these normative acts shall be carried out according to the present constitution. Provisions that, according to this constitution, must be adopted in the form of laws may only be modified through legislation.

Provisions relating to the execution of public tasks that do not have a constitutional basis within the meaning of § 26, para. 1, of the present constitution remain in force until they are amended.

§ 82, para. 3, of the present constitution applies to the amendment of currently effective international and intercantonal treaties.

Proposals made to the Grand Council to enact legal provisions or adopt decrees according to § 63 of the present constitution are treated according to the former law if they are pending before the Grand Council at the time of the entry into force of the constitutional amendment of December 18, 2001.

No later than five years after the entry into force of this constitution, the powers granted to the Grand Council and the Council of State to authorize expenditures, to contract loans, or to legislate shall become void if they are not in accordance with §§ 63, paras. 1, 2, and 3, 78, paras. 1 and 2, or 91, para. 2 of this constitution.

The Grand Council may, within a period of five years from the entry into force of this constitution, adapt these powers granted to the authorities to the provisions of §§ 63, paras. 2 and 3, 78, para. 2, and 91, para. 2. To the extent that these enactments cannot be issued in the form of decrees or ordinances within the meaning of §§ 78, para. 2 and 91, para. 2, they shall be submitted to a popular vote in accordance with §§ 63, para. 1 and 131 of this ordinance.

If new law is to be enacted, the authorities will actively develop it.

The legislation related to § 69, paragraphs 3 and 4, must be submitted to a popular vote no later than one year before the start of the legislative term 1985/89.

The national churches shall submit their organizational statutes to the Grand Council, for approval, within three years from the entry into force of this constitution.

Until the enactment of legal provisions, the following provisions will apply regarding the right to request optional popular voting as referred to in § 63, para. 1 of this constitution: a. The referendum period is 90 days from the official publication of the legislative acts and decrees subject to the optional referendum. b. Support for the referendum request is expressed by individual signature on signature lists. c. Each signature list must include the designation of the legislative act or decree subject to the referendum with the date of its adoption by the Grand Council, the political municipality of the signatory having the right to vote, and the statement that anyone who falsifies the number of signatures collected in support of a referendum request is punishable (Art. 282 Criminal Code). d. The voter must legibly inscribe their name by hand on the signature list and provide all information necessary to verify their identity, such as first name, year of birth, and address. They may sign only once for the same referendum request. e. The signature lists must be sent in time before the expiration of the referendum period to the chancellery of the political municipality where the signatory has the right to vote. The municipal secretary certifies for free that the signatories are voters in the municipality and then promptly returns the lists to the senders. f. The certification must specify in letters or numbers the number of certified signatures; it must be dated, signed in person by the municipal secretary, and bear the stamp of the person issuing the certificate. g. Certification of voter status is refused if the conditions indicated in letters c and d of this paragraph are not met. The reason for the refusal is indicated on the signature list. If the voter has signed the request multiple times, only one of the signatures is certified. h. The referendum request must be submitted to the State Chancellery before the expiration of the referendum period. i. The State Chancellery may order the correction of defects affecting the certification before and after the expiration of the referendum period if the success of the referendum depends on it. k. Signatures that appear on lists not meeting the mentioned requirements or submitted after the expiration of the referendum period, as well as signatures given by persons whose voter status has not been certified or for which the certification is null or was wrongly granted, are void. 1. After the expiration of the referendum period, the State Council determines whether the referendum has validly succeeded and publishes the related decision in the Official Gazette of the Canton of Aargau, indicating the number of valid and void signatures.

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The administrative term for the members of the authorities mentioned in § 61, para. 1, letters a, c, e, and f, the specialized judges of the district courts, and the school counselors, starting in 2013, lasts until December 31, 2016. The following administrative term lasts four years and begins on January 1, 2017.

The administrative term for the authorities and employees of the canton elected by the Grand Council, starting in 2013, lasts until December 31, 2018. The following administrative term lasts four years and begins on January 1, 2019.