Constitution of the Canton of Thurgau, (1987) - Relations with the Confederation and the Cantons
Table of Provisions (101)
Statutory Text (101 Provisions)
The Canton of Thurgau is a sovereign canton of the Swiss Confederation.
It assists the Confederation in the fulfillment of its tasks.
It strives to establish collaboration with other cantons and with neighboring foreign regions.
Any person who performs state tasks is obliged to respect the fundamental legal principles set forth in this constitution.
All state activity must be based on a legal foundation, pursue a public interest, and be proportionate to the objective pursued.
Equality before the law is guaranteed.
Retroactive regulations must not create additional burdens for individuals.
The State respects and protects the dignity and freedom of the individual.
Individual freedoms are guaranteed, in particular: 1. personal freedom; 2. freedom and protection of the intimate and private sphere; 3. freedom of belief and conscience; 4. freedom of information, opinion, and press; 5. freedom of association and assembly; 6. freedom of education and scientific research, as well as artistic activity; 7. free choice of profession and freedom of economic activity; 8. freedom of establishment.
Property is guaranteed.
Everyone is entitled to full and complete compensation in the event of expropriation or restriction of property equivalent to expropriation.
Restrictions on fundamental rights require a legal basis and must be justified by an overriding public interest.
The fundamental rights of individuals who are related to the canton by a special relationship of dependence may be limited, furthermore, only to the extent necessary to fulfill the specific purpose of this relationship of dependence.
Fundamental rights also apply, by analogy, in relations between private individuals.
The organization of the State and the exercise of public authority are based on the principle of the separation of powers.
Legislative acts must be published.
Authorities ensure the provision of information regarding their activities.
The canton and the political and school municipalities grant access to official documents as long as no overriding public or private interests oppose such access.
The law regulates the details, particularly the applicable procedure.
Everyone has the right to submit requests to the authorities. The authorities are obliged to respond to them.
Everyone is entitled to the protection of their rights.
Everyone has the right, in proceedings before the authorities, to be heard and to the protection of good faith.
Everyone has the right to access the files concerning them, provided no overriding public or private interest opposes it.
In their dealings with individuals and in the handling of personal data, authorities are bound by official secrecy within the framework defined by law.
The State is liable in accordance with the law for damages caused by its organs.
All state power emanates from the people.
Every Swiss citizen residing in the canton has the right to vote if they are at least 18 years old and are not prohibited from voting due to mental illness or mental incapacity. The law regulates the exercise of the right to vote.
Every active citizen is eligible for an official position. The law may provide for the objective conditions of eligibility.
Foreigners may participate in municipal matters in an advisory capacity, in accordance with the law.
The people elect: 1. the members of the Grand Council; 2. the members of the State Council; 3. the State councillors; 4. the presidents, members, and substitutes of the district courts; 5. ... 6. the justices of the peace.
The law may provide for other elections by the people.
The electoral constituency is: 1. the district for the members of the Grand Council; 2. the canton for the members of the State Council and the State councillors; 3. the territory over which the magistrate or official exercises their jurisdiction, in other cases.
The Grand Council is elected according to the proportional representation system. The majority system applies to all other elections.
In popular votes, decisions are made by a majority of votes.
Laws and decrees of the Grand Council regarding international treaties and agreements shall be submitted to a public vote when 30 members of the Grand Council express such a desire or when 2000 active citizens demand it within three months of their publication.
Decrees of the Grand Council providing for one-time and unspecified expenditures exceeding 3,000,000 francs or annual periodic and unspecified expenditures exceeding 600,000 francs are submitted to a popular vote.
Decrees providing for one-time and unspecified expenditures exceeding 1,000,000 francs or annual periodic and unspecified expenditures exceeding 200,000 francs are submitted to a popular vote when requested by 2,000 active citizens within three months of their publication.
Decrees concerning expenditures that are predetermined in a binding manner regarding their purpose and amount by federal law or by statute are not submitted to a popular vote.
The law may subject other decrees of the Grand Council to an optional referendum.
The Grand Council may, on its own accord, submit its decrees to a vote of the people.
20,000 active citizens can request the recall of the Grand Council or the Council of State.
The period for collecting signatures is three months. The request must be submitted to a public vote within a new period of three months.
If the public decides on the recall, new elections are held within three months.
4000 active citizens can request the adoption, amendment, or repeal of constitutional or legal provisions.
The deadline for collecting signatures is six months.
The request can be presented as a petition formulated in general terms or as a fully drafted proposal.
A popular initiative can be withdrawn up to the time the vote is set. Every initiative must be provided with a withdrawal clause.
The Council of State acknowledges the successful submission of the popular initiative.
The Grand Council rules on its validity.
The Grand Council decides whether it wishes to proceed with the initiative. If it rejects the initiative, the proposal must be submitted to a popular vote.
When the Grand Council proposes a counter-project to the popular initiative, voters may approve both proposals. In response to the subsidiary question, they may indicate which project they prefer in the event that both are accepted.
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The right of proposal of the canton to the Federal Assembly can be exercised through the popular initiative.
No one may be a part of the supervisory authority on which they directly depend.
2 Members of the Council of State, the State Chancellor, the members and deputies of the Supreme Court, the Administrative Court, the Compulsory Measures Court, and the Appeals Commissions, as well as employees of the district courts, courts, administration, and public law institutions of the canton who are not elected by the people, may not sit in the Grand Council.
Members and deputies of a tribunal or a communal authority may not be part of the Council of State.
The law regulates other function incompatibilities.
The following individuals cannot simultaneously serve on the same authority: 1. spouses; 2. parents and their children or the spouses of their children; 3. siblings and their spouses.
Persons in a registered partnership or forming a de facto life partnership are equated with spouses.
The exclusion of relatives and in-laws does not apply to the Grand Council or the legislative bodies of the municipalities.
The law regulates other exceptions to the exclusion of relatives and in-laws.
Members of an authority are required to observe the obligation to recuse themselves when they have a direct or significant indirect interest in a matter.
The term of office is four years for individuals and members of authorities who are elected by the people or by the Grand Council, or for whom the law stipulates an election for a term of office.
Frauenfeld is the capital of the canton.
The Grand Council holds its summer session in Frauenfeld and its winter session in Weinfelden.
The seat of the Council of State is located in Frauenfeld.
The seat of the cantonal courts is determined by law.
The Grand Council consists of 130 members.
It establishes its own internal regulations.
Members exercise their mandate freely. They do not incur any legal liability for statements made before the Council or in the committees.
The debates of the Grand Council are public.
The Grand Council enacts in the form of laws all fundamental and important legal norms, particularly concerning the rights and obligations of individuals, the organization of the canton and its establishments and corporations, as well as the procedure before the authorities. The laws are subject to a double deliberation.
It decides on international treaties and concordats, to the extent that the Council of State is not competent. International treaties and concordats have the same effects as law.
It may issue ordinances to the extent that the constitution authorizes it to do so.
The Grand Council exercises high-level oversight in the canton.
It annually approves the management reports of the Council of State and the cantonal courts, as well as the activity reports of the independent cantonal establishments.
The Grand Council elects the president and vice-president of the Council of State for a term of one year. The president is not eligible for re-election for the following year.
It elects the State Chancellor, the presidents, members, and deputies of the cantonal courts, and the Attorney General.
The Grand Council approves the budget and the accounts of the State. It determines the tax rate.
It decides on the recourse to new loans.
It decides on new expenditures, subject to popular rights, as well as on the acquisition or disposal of real property rights, insofar as the Council of State is not competent.
The Grand Council exercises, subject to popular rights, the participatory rights that the federal constitution grants to the cantons.
It takes a position on the canton’s master planning, provided that the law does not require their approval. It can issue directives to the Council of State concerning such planning.
It regulates salaries, pensions, and retirements.
It determines the cantonal fees and those of the cantonal institutions to the extent that the law does not declare the Council of State or the institution’s bodies competent in this regard.
It grants cantonal citizenship.
It exercises the right of pardon.
The law may confer other powers upon it.
The Council of State consists of five members.
It acts as a collegiate authority. Its decisions require the participation of at least three members.
Only one of its members may simultaneously be a member of the Federal Assembly.
The members of the Council of State participate, with an advisory vote, in the sessions of the Grand Council.
The Council of State may make proposals.
It submits to the Grand Council, on its own initiative or on mandate from the latter, draft normative acts or orders.
The members of the Council of State do not incur any legal liability for the opinions expressed before the Grand Council or in its committees.
The Council of State issues the necessary ordinances for the implementation of the laws of the Confederation and the canton or which the law grants it authority to enact.
It concludes, with the Confederation, the cantons, or foreign states, the necessary agreements for the implementation of the law or which the law grants it authority to conclude.
The content and scope of the delegation of authority must be determined by law.
In cases of urgent necessity or serious disturbance of public order and security, the Council of State may deviate from the constitution and the law. It must report to the Grand Council without delay.
Measures taken in a state of necessity remain valid if the Grand Council approves them. They cease to have effect no later than one year afterward.
The Council of State establishes the budget and maintains the accounts of the State. It manages the State's finances.
It is authorized to use credits or loans and to acquire or dispose of real property rights up to 500,000 francs.
It is authorized to make single and unspecified expenditures up to 100,000 francs and annual periodic unspecified expenditures up to 20,000 francs.
The State Council represents the canton and leads the administration. It ensures, within the framework of the law, an efficient and rational organization as well as a simple procedure.
It exercises supervision over the municipalities and other holders of state functions, insofar as the law does not establish another supervisory authority.
In its decisions on administrative appeals, it also examines the conformity of the regulations applied with the constitution and the law.
The administration is divided into five departments, plus the State Chancellery.
Each member of the Council of State directs a department.
The chancellor directs the Chancellery. It is at the disposal of the Council of State and the Grand Council.
The law may assign certain tasks to independent public law corporations or institutions, or to private individuals.
Insofar as the law does not explicitly determine executive competences, the Council of State may delegate to the departments, the Chancellery, or the subordinate administrative services the competence to independently handle certain matters.
Sub-delegation is not permitted.
The State Council regulates the employment relationships of state personnel and the teaching staff insofar as the constitution does not provide otherwise.
Committees tasked with advising the Council of State or the various departments in specific areas may be established by law, by ordinance, or by decision of the Council of State.
These committees do not have decision-making authority.
The members of these committees may be appointed for a term of office, for a limited duration, or for an unlimited duration.
The judicial authorities are bound only by the law and are independent in their judgment.
The law regulates the judicial organization and procedure. It determines the competencies of the courts in matters of appointment and engagement as well as in normative matters.
Civil jurisdiction is exercised by: 1. the Supreme Court; 2. the district courts; 3. the justices of the peace.
The law may provide for special courts.
Judicial authorities within the framework of criminal procedure include: 1. the Supreme Court; 2. the district courts; 3. the court of coercive measures; 4. the Attorney General and public prosecutors; 5. attorneys for minors.
Criminal prosecution is conducted by: 1. the police; 2. the Attorney General and public prosecutors; 3. attorneys for minors.
The Administrative Court serves as the court of last resort in administrative matters for which the law does not assign final jurisdiction to the Great Council, the State Council, one of its departments, or another authority.
The Supreme Court exercises supervision over the civil and criminal jurisdictions, while the Administrative Court oversees the administrative jurisdiction outside of the administration.
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The territory of the canton is divided into five districts. The law determines their extent and the tasks of the authorities.
The municipalities are autonomous public law corporations.
Political municipalities undertake local tasks insofar as the law does not assign competence to other entities. They confer the right of citizenship.
School municipalities are responsible for tasks related to school education and training. The law governs their status, organization, and the territory they cover.
Bourgeois municipalities manage bourgeois assets.
The existence of the political municipalities is guaranteed within the framework of the constitution.
Modifications to the composition of the political municipalities require their agreement and the approval of the Grand Council.
Modifications to the territory of the political municipalities require their agreement and the approval of the Council of State.
The Grand Council may, for important reasons, decide on modifications in the existence or territory of the political municipalities provided that at least half of the municipalities concerned consent.
Political municipalities freely determine their organization within the framework of the constitution and the law.
The municipal regulation is subject to a public vote and must receive the approval of the Council of State.
Municipalities appoint their authorities, regulate the employment relationships of their staff, maintain their accounts, and independently perform their tasks within their own domain.
The canton encourages collaboration between the municipalities.
The municipalities and other public law corporations may establish municipal associations for the fulfillment of certain tasks.
The Grand Council may, for pertinent reasons, compel municipalities to create or join municipal associations.
The law determines the necessary content of the association's statutes. It ensures that active citizens have sufficient participatory rights. The statutes of the associations must be submitted for approval to the Council of State.
The State protects freedom and promotes the prosperity of the people, the family, and the individual.
The canton shall only undertake the tasks assigned to it by federal law or the present constitution.
When the constitution confers responsibility to both the canton and the municipalities, the primary responsibility falls on the municipalities unless the law provides otherwise.
The canton and the municipalities guarantee public order and security.
The canton and the municipalities support social security. They may maintain institutions for welfare, assistance, or resocialization.
The canton and the municipalities may provide humanitarian aid services both within and outside the canton.
The canton takes measures to prevent unemployment and seeks to mitigate its consequences.
It ensures vocational guidance and job placement. It encourages continuous vocational training and supports retraining.
It may act as a mediator between social partners.
The canton and the municipalities promote the health of the population.
They encourage sports activities.
The canton supervises and coordinates the health sector. It ensures the existence of sufficient medical assistance.
The canton and the municipalities operate or support institutions for the care of the sick, the elderly, and the disabled. They promote rehabilitation.
The canton and school municipalities assist parents in the education and upbringing of children.
Primary and lower secondary education is compulsory.
The canton supervises the entire school system.
The canton and the school communities maintain: 1. kindergartens; 2. compulsory education institutions; 3. vocational schools; 4. upper secondary schools.
Attendance at public schools is free for residents of the canton.
The canton may support private schools or educational institutions. The principle and existence of the public school must be preserved.
The canton ensures access to universities, universities of applied sciences, other higher education institutions, higher vocational schools, and specialized schools.
It may manage or support such schools.
The canton grants contributions or loans for the financing of education.
The canton and the municipalities promote adult education.
The canton and the municipalities promote cultural creation.
They support the preservation of cultural assets and may maintain cultural institutions.
The canton and the municipalities protect humans and their natural environment from harmful and disruptive influences.
They ensure the conservation of sites and the specific character of the landscape.
They oppose measures that harm the natural conditions and balances of the lacustrine and fluvial landscapes of Lake Constance, Lake Untersee, and the Rhine.
The canton and the municipalities regulate land use and its development for construction purposes in a prudent and measured manner.
They ensure the preservation of non-developable land.
They adopt measures that promote quality urban development within built-up areas and that enhance urban redevelopment.
They may take measures aimed at encouraging the construction of housing.
The canton and the municipalities regulate the use and management of the public domain, the maintenance and correction of watercourses, as well as the construction and maintenance of the road network.
The canton and the municipalities ensure the development of their territory with communication routes.
They promote public transportation and can operate transportation enterprises.
The canton and the municipalities promote a balanced development of Thurgau's economy.
They may subject the exercise of economic activities to police regulations insofar as public order and security require it.
The canton takes measures to promote agriculture and the forestry economy.
It may maintain its own operations.
The canton and the municipalities ensure the supply of water and energy. They encourage measures aimed at their economical use.
They may operate distribution companies and power generation plants.
They support measures aimed at the use of environmentally friendly renewable energies and create incentives for the economical and efficient use of energy within the canton.
The canton possesses a cantonal bank and a mandatory property insurance institution.
The canton has exclusive economic exploitation rights over: 1. hunting; 2. fishing; 3. mines and the deposit of materials in the subsoil; 4. geothermal energy; 5. the salt trade.
It may grant concessions for exploitation.
Existing private rights shall remain reserved.
The canton levies the necessary taxes to fulfill its responsibilities.
Political municipalities and school municipalities have the right to levy taxes in the form of supplements to the main taxes.
The income and assets of natural persons, as well as the profits and capital of legal entities, constitute the subject of main taxes.
Particularly decisive is the economic capacity of the taxable persons.
The law determines the other taxes.
The canton and the municipalities may levy other contributions for the services they provide directly to individuals.
The canton and the municipalities must manage their finances in a thrifty, economical, and balanced manner in the medium term. The economic situation must be appropriately taken into consideration.
The principle of transparency applies to the budget and the accounts.
Through financial equalization, the canton promotes healthy development of the municipalities and strives to achieve a balanced tax burden.
The Evangelical Reformed and Roman Catholic religious communities are recognized as national churches under public law.
The national churches regulate their internal affairs independently.
They regulate matters that concern both the state and ecclesiastical domains in a normative act that must conform to the principles of a democratic rule of law. This act is subject to a popular vote within the national church and must be approved by the Grand Council.
The highest authority of each national church is a parliament. This parliament adopts the organizational law and elects the executive bodies.
The national churches are divided into parishes that possess legal personality. The parishes may levy taxes, in the form of supplements to the main taxes, for the fulfillment of worship duties within the parishes, the national churches, and the religious communities, within the framework of confessional legislation.
The constitution can be revised at any time, either partially or totally.
A partial revision may concern a single provision or several related provisions.
The revision is undertaken according to the legislative procedure.
It is submitted to a popular vote.
The law enacted before the entry into force of the present constitution continues to be applicable insofar as it is not contrary to the latter.
The law enacted by an authority that would no longer be competent under the present constitution or according to another procedure remains applicable until it is modified in the forms prescribed by the present constitution.
The tasks that the canton assumes by virtue of a law at the time of the entry into force of the present constitution do not require a foundation in the constitution, provided they are not expanded.
The normative texts adopted by the Grand Council at the time of the entry into force of this constitution are submitted to a vote of the people according to the former law.
District councils shall remain in place until the end of the administrative period during which this constitution enters into force. The State Council shall determine the necessary competencies until the adoption of new legal regulations.
The establishment of political municipalities must be undertaken within ten years following the entry into force of this constitution. Subsequently, the law shall designate the political municipalities whose existence is guaranteed by this constitution.
The new regimes provided for in paragraphs 1 and 2 must be implemented within 15 years following the entry into force of this constitution.
Justices of the peace, officials of the debt enforcement offices, prefects and vice-prefects (Bezirksstatthalter und Vizestatthalter), examining magistrates, juvenile defenders, public prosecutors, and the members and alternates of the district courts, the Indictment Chamber, and the Supreme Court who are in office at the time of the entry into force of this law will see their terms come to an end upon the entry into force of the Swiss Civil Procedure Code, the Swiss Criminal Procedure Code, and the Federal Act on the Criminal Procedure applicable to minors.
§ 11, Para. 3, applies to official documents prepared or received by an authority after the acceptance of the present constitutional provision by the electorate.
If the corresponding legislation does not come into force within three years following the acceptance of § 11, Para. 3 and 4, the State Council shall issue the necessary implementing provisions by way of ordinance.
This constitution replaces the constitution of the Canton of Thurgau dated February 28, 1869.
It shall enter into force on the date determined by the Council of State after its adoption by the people and the granting of the guarantee by the Federal Chambers.