Legislator Case Law & Legislation
111 CH-NW

The Rights and Duties of Citizens - Fundamental Rights

109 Articles / Provisions · Switzerland · Canton of Nidwalden
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Table of Provisions (109)

Art. 1 Constitution of the Canton of Nidwalden - Fundamental Freedoms Art. 2 Constitution of the Canton of Nidwalden - Equality before the Law Art. 3 Constitution of the Canton of Nidwalden - Legal Protection Art. 5 Constitution of the Canton of Nidwalden - Retroactivity Art. 6 Constitution of the Canton of Nidwalden - Liability Art. 7 Constitution of the Canton of Nidwalden - Right to Compensation Art. 8 Constitution of the Canton of Nidwalden - Right of Active Citizenship Art. 10 Constitution of the Canton of Nidwalden Art. 11 Constitution of the Canton of Nidwalden - Right of Petition Art. 12 Constitution of the Canton of Nidwalden - Acquisition and Loss of Citizenship Art. 13 Constitution of the Canton of Nidwalden - Civic Duty Art. 14 Constitution of the Canton of Nidwalden - School Attendance Art. 15 Constitution of the Canton of Nidwalden - Public School Education Art. 16 Constitution of the Canton of Nidwalden - Vocational Schools Art. 17 Constitution of the Canton of Nidwalden - Higher Educational Institutions Art. 18 Constitution of the Canton of Nidwalden - Special Schools Art. 19 Constitution of the Canton of Nidwalden - Educational Grants Art. 20 Constitution of the Canton of Nidwalden - Private Schools Art. 21 Constitution of the Canton of Nidwalden - Protection of Nature Art. 21a Constitution of the Canton of Nidwalden - Climate Protection Art. 22 Constitution of the Canton of Nidwalden - Heritage Protection Art. 23 Constitution of the Canton of Nidwalden - Promotion of Culture Art. 24 Constitution of the Canton of Nidwalden - Public Education Art. 25 Constitution of the Canton of Nidwalden - Welfare for the Poor Art. 26 Constitution of the Canton of Nidwalden - Special Insurance and Welfare Institutions Art. 27 Constitution of the Canton of Nidwalden - Housing Welfare Art. 28 Constitution of the Canton of Nidwalden - Healthcare Art. 29 Constitution of the Canton of Nidwalden - Family Art. 30 Constitution of the Canton of Nidwalden - Industry, Trade, and Commerce Art. 31 Constitution of the Canton of Nidwalden - Agriculture Art. 32 Constitution of the Canton of Nidwalden - Tax Sovereignty Art. 33 Constitution of the Canton of Nidwalden - Financial Equalization Art. 34 Constitution of the Canton of Nidwalden - Roman Catholic Church Art. 35 Constitution of the Canton of Nidwalden - Evangelical Reformed Church Art. 36 Constitution of the Canton of Nidwalden - Other Churches Art. 37 Constitution of the Canton of Nidwalden - Autonomy Art. 38 Constitution of the Canton of Nidwalden Art. 39 Constitution of the Canton of Nidwalden - Religious Education Art. 40 Constitution of the Canton of Nidwalden Art. 41 Constitution of the Canton of Nidwalden - Separation of Powers Art. 42 Constitution of the Canton of Nidwalden - Elections Art. 43 Constitution of the Canton of Nidwalden Art. 44 Constitution of the Canton of Nidwalden - Quorum Art. 45 Constitution of the Canton of Nidwalden - Term of Office Art. 46 Constitution of the Canton of Nidwalden Art. 47 Constitution of the Canton of Nidwalden - Public Access Art. 48 Constitution of the Canton of Nidwalden - Incompatibility in the Person Art. 49 Constitution of the Canton of Nidwalden - Office Location Art. 49a Constitution of the Canton of Nidwalden - Emergency Provisions Art. 50 Constitution of the Canton of Nidwalden - Exercise of the Right to Vote and Electoral Rights Art. 51 Constitution of the Canton of Nidwalden - Elections Art. 52 Constitution of the Canton of Nidwalden - Mandatory Referendums Art. 52a Constitution of the Canton of Nidwalden - Optional Referendums Art. 53 Constitution of the Canton of Nidwalden - Consultative Referendums Art. 54 Constitution of the Canton of Nidwalden - Right to Submit Proposals Art. 54a Constitution of the Canton of Nidwalden - Counterproposal Art. 55 Constitution of the Canton of Nidwalden - Procedure Art. 56 Constitution of the Canton of Nidwalden - Matters of Corporations Art. 57 Constitution of the Canton of Nidwalden - Composition Art. 58 Constitution of the Canton of Nidwalden - Electoral Districts Art. 59 Constitution of the Canton of Nidwalden - Constitution Art. 59a Constitution of the Canton of Nidwalden - Elections Art. 60 Constitution of the Canton of Nidwalden - Legislation Art. 61 Constitution of the Canton of Nidwalden - Additional Responsibilities Art. 62 Constitution of the Canton of Nidwalden - Right to Make Proposals Art. 62a Constitution of the Canton of Nidwalden - Composition Art. 63 Constitution of the Canton of Nidwalden - Departments Art. 64 Constitution of the Canton of Nidwalden - Legislation Art. 65 Constitution of the Canton of Nidwalden - Administrative Powers Art. 66 Constitution of the Canton of Nidwalden - Judicial Independence Art. 67 Constitution of the Canton of Nidwalden - Civil Jurisdiction Art. 67a Constitution of the Canton of Nidwalden - Criminal Justice Art. 68 Constitution of the Canton of Nidwalden - Administrative Jurisdiction Art. 69 Constitution of the Canton of Nidwalden - Constitutional Court Art. 69a Constitution of the Canton of Nidwalden - Organization Art. 70 Constitution of the Canton of Nidwalden - Municipalities Art. 71 Constitution of the Canton of Nidwalden - Duties Art. 72 Constitution of the Canton of Nidwalden - Cooperation with Other Municipalities Art. 73 Constitution of the Canton of Nidwalden - Organization Art. 74 Constitution of the Canton of Nidwalden - Supervision Art. 75 Constitution of the Canton of Nidwalden - Implementation Art. 76 Constitution of the Canton of Nidwalden - Mandatory Referendum Art. 78 Constitution of the Canton of Nidwalden - Right to Submit Motions Art. 79 Constitution of the Canton of Nidwalden - Referendum Art. 80 Constitution of the Canton of Nidwalden - Popular Representation Art. 81 Constitution of the Canton of Nidwalden - Composition Art. 82 Constitution of the Canton of Nidwalden - Regulatory Powers Art. 83 Constitution of the Canton of Nidwalden - Administrative Authority Art. 84 Constitution of the Canton of Nidwalden - Existence Art. 85 Constitution of the Canton of Nidwalden - Assignment Art. 86 Constitution of the Canton of Nidwalden - Existence Art. 88 Constitution of the Canton of Nidwalden - Stock Art. 89 Constitution of the Canton of Nidwalden - Right to Vote and Election Art. 90 Constitution of the Canton of Nidwalden - Church Tax Art. 91 Constitution of the Canton of Nidwalden - Continuance Art. 92 Constitution of the Canton of Nidwalden - Partial Revision Art. 93 Constitution of the Canton of Nidwalden - Total Revision Art. 94 Constitution of the Canton of Nidwalden - Adoption of Constitutional Provisions Art. 95 Constitution of the Canton of Nidwalden - Entry into Force Art. 96 Constitution of the Canton of Nidwalden - Previous Constitutional Law Art. 97 Constitution of the Canton of Nidwalden Art. 98 Constitution of the Canton of Nidwalden - Liability Art. 101 Constitution of the Canton of Nidwalden - Municipalities Art. 102 Constitution of the Canton of Nidwalden - School Communities Art. 103 Constitution of the Canton of Nidwalden - Parish Communities Art. 104 Constitution of the Canton of Nidwalden - Church Tax for Legal Entities Art. 105 Constitution of the Canton of Nidwalden - Poor Communities Art. 106 Constitution of the Canton of Nidwalden - Elections Art. 107 Constitution of the Canton of Nidwalden - Warranty Procedure

Statutory Text (109 Articles)

The Rights and Duties of Citizens - Fundamental Rights

1. The freedom and dignity of the person are inviolable.

2. Subject to the limitations of federal law and the cantonal laws enacted to maintain public order, the following are particularly guaranteed

1. freedom of belief and conscience, as well as the free practice of religious acts;

2. freedom of opinion formation, expression, and dissemination, in particular the freedom of the press;

3. freedom of association and assembly;

4. freedom of settlement for all Swiss citizens;

5. physical integrity;

6. freedom of movement and the inviolability of the home;

7. private rights and inalienable claims, subject to expropriation carried out in the public interest;

8. freedom of trade and industry.

The Rights and Duties of Citizens - Fundamental Rights

1. All persons are equal before the law.

2. No one may be disadvantaged or favored because of their gender, origin, language, race, social status, ideological, political, or religious beliefs.

3. The canton and municipalities shall promote the actual equality of men and women.

**The Rights and Duties of Citizens - Fundamental Rights**

1. No one can be deprived of the constitutionally appointed judge.

2. The right to be heard is guaranteed.

3. In the case of indigence, the right to free legal aid is guaranteed within the framework of the legislation.

4. ...

The Rights and Duties of Citizens - Fundamental Rights

1. Retroactive laws that impose new burdens on private individuals are inadmissible.

The Rights and Duties of Citizens - Fundamental Rights

1. Public law entities and institutions are liable to compensate for the damage caused to third parties by their authorities, officials, and employees in the performance of a non-commercial official act, within the framework of the law.

The Rights and Duties of Citizens - Fundamental Rights

1. The deprivation and any restriction similar to a deprivation of a private property right or a pecuniary claim obliges full compensation.

The Rights and Duties of Citizens - Political Rights

1. Active Citizenship Rights

All persons who possess Swiss citizenship, are legally domiciled in the canton, have reached the age of 18, and are not deprived of active citizenship rights by legislation, may exercise these rights.

The Rights and Duties of Citizens - Political Rights

1. The active citizen may, in the canton and in their municipality of residence

1. participate in elections and referendums;

2. exercise the right of initiative and referendum;

3. be elected to an authority or public office; the legislation determines in which cases a certificate of qualification is necessary for the eligibility of officials or when the right of active citizenship is not required.

1. The Rights and Duties of Citizens - Political Rights

1. Everyone has the right to address petitions to the authorities.

**The Rights and Duties of Citizens - Political Rights**

1. The acquisition and loss of cantonal and municipal citizenship rights are regulated by law.

The Rights and Duties of Citizens - Duties

1. Every person is required to fulfill the duties assigned to them by cantonal and municipal legislation.

2. Participation in cantonal and municipal elections and referendums is a civic duty.

3. Every person who possesses the right to vote is obliged to assume the office conferred upon them by the constitution for a term of office, provided it is a secondary position; exceptions are determined by the law.

**Public Functions - School**

1. School attendance is obligatory within the statutory age limits.

2. Instruction in public schools is provided free of charge, unless legislation stipulates otherwise in accordance with federal law.

3. Public schools are to be conducted in a patriotic and Christian spirit; they must be accessible to members of all denominations without compromising their freedom of religion and conscience.

1. Public Functions - Education

1. Primary school education is the responsibility of the municipalities within the framework of the legislation.

2. The canton exercises supervision over primary school education and supports it through contributions.

**Public Responsibilities - School**

1. The canton is responsible for the management and promotion of vocational schools; vocational training tasks may be delegated to economic associations.

**Public Responsibilities - School**

1. The canton may operate or support higher education institutions with contributions.

2. For this purpose, it may enter into concordats with other cantons.

**The Public Duties - School**

1. Disadvantaged children are to be provided with special education and training.

2. For this purpose, the canton operates or supports special schools and educational homes.

1. Public Functions - Education

1. The canton promotes scientific and professional education and continuing education through contributions within the framework of legislation.

**Public Responsibilities - School**

1. The right to establish and operate private schools is guaranteed within the framework of legislation.

2. Private schools are subject to the supervision of the canton.

3. They may receive support from public funds within the framework of legislation.

The Public Tasks - Homeland and Culture

1. The Canton protects the natural resources of the country.

2. It particularly promotes measures for the preservation of water and air purity, the conservation and management of forests, the protection of the mountain environment, as well as the efforts of national and local planning.

The Public Tasks - Homeland and Culture

1. The canton and municipalities are committed to limiting climate change and its effects; they take into account the objectives of the federal government and the internationally binding agreements for Switzerland, and align their measures, among other things, to reduce greenhouse gas emissions until reaching greenhouse gas neutrality.

2. They may promote the development and application of technologies, materials, and processes that contribute to climate protection and adaptation to climate change.

The Public Tasks - Homeland and Culture

1. The canton promotes efforts in heritage protection and monument preservation.

2. It is responsible for conserving the homeland's landscape and townscape, historical sites, as well as natural and cultural monuments, and to preserve them where the general interest prevails.

The Public Tasks - Homeland and Culture

1. The canton promotes scientific and artistic creation as well as the endeavors of folk culture.

2. It may maintain or support institutions that fulfill essential cultural tasks within the canton.

The Public Tasks - Homeland and Culture

1. The canton strives to make the insights and achievements of science and art accessible to everyone.

Public Duties - Welfare and Social Insurance

1. The care for the poor is regulated by law.

1. Public Tasks - Welfare and Social Insurance

1. The canton and the municipalities may, as a supplement to the federal social insurances and in areas not regulated by federal law, create special insurance and welfare institutions.

1. Public Tasks - Welfare and Social Insurance

1. Municipalities are responsible for housing.

2. The canton may issue uniform legal provisions for the promotion of housing construction and support it with contributions.

1. Public Tasks - Welfare and Social Insurance

1. The canton endeavors to promote public health.

2. It regulates the medical sector.

3. It can legislatively organize healthcare and support it with contributions; it can operate or support hospitals and homes.

The Public Responsibilities - Protection of the Family

1. In fulfilling their duties, the Canton and municipalities strive to strengthen the family as the foundation of community life.

The Public Duties - Economic Order

1. The canton enacts the necessary regulations for the promotion of industry, trade, and commerce within the framework of federal law and this constitution.

2. It may maintain or support institutions and enterprises that serve the economic development of the canton.

The Public Duties - Economic Order

1. The canton takes the measures within its power to maintain an efficient agricultural sector.

2. In particular, it can promote the preservation of agricultural land ownership, land consolidation and improvements, the procurement of agricultural loans, the improvement of product quality, as well as agricultural education and advisory services.

The Public Tasks - Financial Regulation

1. The canton and municipalities tax the income and assets of natural persons, as well as the revenue and capital of legal entities, in accordance with the legislation.

2. The cantonal legislation determines the additional taxes that can be levied by the canton or municipalities.

Public Tasks - Financial Order

1. Financial Equalization in Favor of Municipalities is Regulated by Legislation.

State and Church

1. The Roman Catholic Church is the state church.

2. The district council is responsible for representing the canton in accordance with federal law when concluding the agreements necessary for the relationship with the diocese with the Curia.

State and Church

1. The Evangelical Reformed Church is recognized under public law.

State and Church

1. All other religious communities are governed by the principles of private law, insofar as they are not publicly recognized by law.

State and Church

1. The publicly recognized churches regulate their affairs independently within the framework of the law.

2. If a church constitution is enacted by the church members entitled to vote, it requires approval by the district council.

State and Church

1. The inhabitants of the canton are members of a church recognized under public law, provided they belong to its denomination; conversion and withdrawal must be made by written declaration to the president of the parish or chapel community.

State and Church

1. Religious education is a subject at all school levels.

2. It is provided by publicly recognized churches; with their consent, schools may have Bible studies conducted by their own teachers.

State and Church

1. The canton guarantees the continued existence of monasteries and ecclesiastical foundations.

The cantonal and communal authorities and their functions - General Provisions

1. The legislative, executive, and judicial powers are separated; no branch may interfere with the functions of the others.

2. Members of the Cantonal Council shall not belong to any cantonal court.

3. Members of the Government Council shall not belong to the Cantonal Council, any court, any municipal authority, or a corporation council.

4. Members of a higher judicial instance shall not simultaneously belong to a subordinate instance.

5. The law may determine further incompatibilities for membership in cantonal or municipal authorities.

The cantonal and communal authorities and their functions - General Provisions

1. Elections shall be conducted as majority elections, unless proportional representation is introduced by law.

The cantonal and communal authorities and their functions - General Provisions

1. The cantonal and municipal authorities are to be convened

1. when it is provided for in the rules of procedure;

2. when the authority decides or the president orders;

3. when at least one quarter of the members of the council request the convocation in writing, specifying the matters to be addressed.

The cantonal and communal authorities and their functions - General Provisions

1. The cantonal and municipal authorities have a quorum when at least half of the members are present.

2. The quorum of the courts is regulated by legislation.

**The Cantonal and Communal Authorities and Their Functions - General Provisions**

1. The term of office for the authorities is four years.

The cantonal and communal authorities and their functions - General Provisions

1. Appointment to Office and Dismissal of Officials and Public Servants are Governed by Law

The Cantonal and Communal Authorities and Their Functions - General Provisions

1. The files may be inspected by any active citizen entitled to vote on the relevant matter.

2. The deliberations of the district council and the people's representation in the municipality are public within the framework of the legislation.

3. The public nature of court proceedings and municipal assembly meetings is defined by legislation.

**The Cantonal and Communal Authorities and Their Functions - General Provisions**

1. The following individuals may not simultaneously belong to the Government Council or a court

1. Spouses and registered partners;

2. Relatives and in-laws in the direct line, as well as up to and including the third degree of the collateral line;

3. Spouses and registered partners of siblings.

2. The following individuals may not simultaneously belong to another cantonal or municipal authority

1. Spouses and registered partners;

2. Relatives and in-laws in the direct line;

3. Siblings.

3. Persons in a permanent life partnership are considered equivalent to spouses or registered partners.

4. Incompatibility necessitating resignation shall be resolved by drawing lots.

5. These provisions do not apply to the Cantonal Parliament and municipal councils.

**The Cantonal and Communal Authorities and Their Functions - General Provisions**

1. Stans is the capital of the canton and the seat of the cantonal authorities.

The cantonal and communal authorities and their functions - General Provisions

1. The law may grant the district administrator, the governing council, and the administrative councils the authority to order measures for the protection of the population, for a limited period, in deviation from the jurisdictional provisions of this constitution, in the event of disasters and acts of war.

The Cantonal and Communal Authorities and Their Functions - The Cantonal Authorities - Active Citizenship

1. The active citizens exercise their voting and election rights in the Political Municipalities.

2. ...

The Cantonal and Communal Authorities and Their Functions - The Cantonal Authorities - Active Citizenship

1. The eligible voters elect

1. the District Administrator;

2. the Government Council;

3. the delegation to the Council of States;

4. * ...

2. ...

The Cantonal and Communal Authorities and Their Functions - The Cantonal Authorities - Active Citizenship

1. Subject to Mandatory Voting

1. the enactment and amendment of the cantonal constitution as well as the resolution for a comprehensive revision of the cantonal constitution;

2. proposals according to Art. 54, which the legislative council does not approve;

3. laws enacted or amended by the legislative council, to which the active citizenry proposes a counter-proposal pursuant to Art. 54a para. 3;

4. subject to Art. 61 number 4, decisions regarding one-time expenditures exceeding 5,000,000 Swiss francs, and annually recurring expenditures exceeding 500,000 Swiss francs;

5. the adoption of consultations by the executive council intended for the federal government, insofar as they relate to nuclear facilities, particularly repositories for radioactive waste, and preparatory actions within the territory of the canton;

6. the approval of grants for the use of the underground for exploitation, production, and storage as well as their preparatory actions, excluding the use of groundwater and geothermal resources.

The Cantonal and Communal Authorities and Their Functions - The Cantonal Authorities - Active Citizenship

**1. Subject to the vote, if within two months of the publication of the decree or decision it is demanded by 250 active citizens or decided by the Cantonal Council:**

1. * the laws enacted by the Cantonal Council and the inter-cantonal agreements approved by it;

2. the decisions of the Cantonal Council that result in freely determinable one-time expenditures exceeding 250,000 francs or annually recurring expenditures exceeding 50,000 francs;

3. * the decisions of the Cantonal Council regarding the determination of the cantonal tax rate and the church tax rate for legal entities.

**2. The vote must be conducted within one year of the publication of the decree or decision.**

The Cantonal and Communal Authorities and Their Functions - The Cantonal Authorities - Active Citizenship

1. The District Administrator is authorized to allow the active citizenry to vote on the inclusion of individual principles in the legislation.

2. The result of the consultative vote binds the District Administrator in the drafting of the legislation.

3. The binding does not extend to future decrees where the same issue is addressed.

The Cantonal and Communal Authorities and Their Functions - The Cantonal Authorities - Active Citizenship

1. Applications may be submitted as a general suggestion or, if they do not require a total revision of the constitution, as a drafted proposal.

2. The applications must relate to a single subject and must include a justification.

3. The applications must not contain anything that contradicts federal law or, unless they demand a revision of the constitution, the cantonal constitution.

4. Applications may be submitted by

1. 1000 active citizens and the Landrat when a total revision of the cantonal constitution is demanded;

2. 500 active citizens and the Landrat when a partial revision of the cantonal constitution is demanded;

3. 250 active citizens and the cantonal and municipal authorities mentioned in this constitution when the enactment, repeal, or amendment of a law or a financial resolution is demanded; if it concerns a financial resolution for the benefit of a charitable or cooperative purpose, legal entities of private and public law, which have their seat in the canton, are also entitled to submit applications.

5. In the case of applications from active citizens, the signatures must be submitted within two months from the deposit of the application at the State Chancellery.

The Cantonal and Communal Authorities and Their Functions - The Cantonal Authorities - Active Citizenship

1. The district administrator may present a counter-proposal to an application.

2. 500 active citizens can present a counter-proposal to an application by the district administrator concerning the partial revision of the constitution.

3. 250 active citizens can present a counter-proposal to laws enacted or amended by the district administrator.

4. For counter-proposals by the active citizens, the signatures must be submitted within two months from the deposit of the counter-proposal at the state chancellery; the deposit must occur within two months from the publication of the district administrator's proposal.

The Cantonal and Communal Authorities and Their Functions - The Cantonal Authorities - Active Citizenship

1. Motions subject to a vote and counterproposals by active citizens must be brought to a vote within one year of submission.

2. If a general suggestion is made for a resolution, the drafted proposal must be adopted within two years.

3. Motions and counterproposals may be withdrawn by the authorized applicants up until the publication of the voting date.

4. The counterproposal must be submitted for a vote simultaneously with the motion or the proposal of the District Council; if the motion is withdrawn, only the counterproposal shall be submitted for a vote.

5. In the case of a counterproposal, active citizens may approve both the motion or the proposal of the District Council and the counterproposal, or reject both; if they approve both proposals, the one receiving more votes in the simultaneously conducted optional vote is adopted.

6. The procedure in the event of multiple counterproposals is regulated by law.

The Cantonal and Communal Authorities and Their Functions - The Cantonal Authorities - Active Citizenship

1. For the statutory regulation of co-ownership and use of corporation property, only those persons are entitled to vote who possess active citizenship rights and have corporation citizenship rights within the canton.

2. In addition to the persons entitled to vote according to paragraph 1, the right to make proposals is also granted to the Cantonal Parliament and the corporation councils.

The Cantonal and Communal Authorities and Their Functions - The Cantonal Authorities - Landrat

1. The County Council consists of sixty members.

The Cantonal and Communal Authorities and Their Functions - The Cantonal Authorities - Landrat

1. For the elections to the district council, each political municipality forms an electoral district.

2. Each electoral district elects the members allocated to it based on the population, in accordance with the provisions of the law; the decisive factor is the cantonal population statistics as of December 31 of the second calendar year preceding the election.

3. Each electoral district is entitled to at least two seats.

The Cantonal and Communal Authorities and Their Functions - The Cantonal Authorities - Cantonal Parliament

1. The district council elects the president, the vice-president, and the other members of the district council office for a term of one year.

2. The president is not eligible for re-election for the next one-year term.

The Cantonal and Communal Authorities and Their Functions - The Cantonal Authorities - Landrat

**1. The District Council elects:**

1. the Governor and the Deputy Governor from among the members of the Executive Council for a term of one year; the current officeholder is not eligible for re-election as Governor for the next one-year term;

2. the President and other members of the Supreme Court;

3. the Presidents and other members of the Cantonal Court;

4. the President and other members of the Administrative Court;

5. other authorities as well as officials in accordance with statutory provisions.

**2. The elections of judges and the appointment of presiding judges are to be conducted two years after the elections of the District Council and Executive Council.**

The Cantonal and Communal Authorities and their Functions - The Cantonal Authorities - Cantonal Council

1. The District Administrator enacts in the form of a law

1. all generally binding regulations that determine the rights and obligations of natural and legal persons;

2. all fundamental provisions concerning the jurisdiction, organization, and procedures of public authorities;

3. introductory provisions to federal law enactments, subject to Art. 64, para. 1 number 2.

2. He approves inter-cantonal treaties with legislative content according to para. 1 numbers 1 and 2.

3. He issues the rules of procedure necessary for his activities.

The Cantonal and Communal Authorities and Their Functions - The Cantonal Authorities - Landrat

1. The responsibilities of the Cantonal Council further include

1. the exercise of the rights of initiative and referendum accorded to the canton within the Confederation;

2. the decision on the constitutional admissibility of proposals and counterproposals according to Art. 54 and 54a;

3. the interpretation of the cantonal constitution and laws, however, never in a case pending before the court;

4. the resolution on all expenditures mandatorily stipulated for the canton by federal law, on all expenditures for which the Cantonal Council is authorized by law, as well as on all freely determinable one-time expenditures up to 5,000,000 francs and annually recurring expenditures up to 500,000 francs;

5. the right of disposition over the financial assets and, within the framework of point 4, over the administrative assets, subject to Art. 65 para. 2 point 10;

6. the resolution on the maintenance of buildings and installations owned by the canton regardless of point 4, however subject to Art. 65 para. 2 point 9;

7. the decision on the determination of the cantonal tax rate and the church tax rate for legal entities;

8. the determination of the annual budget and the approval of the state accounts;

9. the approval of intercantonal agreements within the framework of point 4, subject to Art. 65 para. 2 point 9;

10. the assessment of jurisdictional conflicts in which the constitutional court is a party;

11. the right to grant pardons for prison sentences;

12. the supreme supervision of the cantonal administration and autonomous institutions, particularly the approval of annual accountability reports;

13. the supreme supervision of the judicial process, particularly the approval of annual accountability reports;

14. all other tasks assigned to the Cantonal Council by legislation.

The Cantonal and Communal Authorities and Their Functions - The Cantonal Authorities - Landrat

1. The right to submit motions to the District Council is held by every member of the District Council, every committee of the District Council, as well as the Executive Council and its members.

2. The committees of the District Council are authorized to summon members of the administrative authorities, officials, and employees to provide information, and to call upon persons not belonging to the administration.

The Cantonal and Municipal Authorities and Their Functions - The Cantonal Authorities - Executive Council

1. The Executive Council consists of seven members.

The Cantonal and Municipal Authorities and Their Functions - The Cantonal Authorities - Executive Council

1. Each member of the government council heads a department.

2. Each department comprises one or more directorates, the scope of which is determined by legislation.

3. The government council is responsible for the allocation of the directorates.

The Cantonal and Municipal Authorities and Their Functions - The Cantonal Authorities - Executive Council

1. The Executive Council issues

1. Implementing ordinances, to the extent authorized by law;

2. Introductory ordinances to federal enactments, provided they solely regulate procedures and jurisdictions.

2. It issues temporary emergency decrees; these must be submitted to the Cantonal Parliament as soon as possible, which decides on their continued validity and duration.

The Cantonal and Municipal Authorities and Their Functions - The Cantonal Authorities - Executive Council

1. The Government Council, subject to the powers of the Cantonal Council, is the administrative authority of the canton; it represents the canton externally.

2. It is specifically authorized and tasked to

1. * implement decrees through its own orders and through instructions to the administration subordinate to it;

2. enforce the resolutions and decisions of other cantonal authorities, insofar as this power is not reserved for specific bodies;

3. * elect the officials and employees of the cantonal administration, insofar as their election is not assigned to another authority by legislation;

4. * issue statements, subject to Article 52 number 5, requested by the Confederation from the canton;

5. supervise the entire state administration and oversee the self-governing institutions in accordance with the legislation;

6. * supervise the municipalities and corporations in accordance with the legislation and, in the event of serious breaches of duty, order the necessary measures subject to appeal to the Cantonal Council;

7. adjudicate complaints against the municipalities and corporations as well as against departments, insofar as a court is not competent;

8. * grant cantonal permissions, concessions, and awards, subject to Article 52 number 6, insofar as this task is not assigned to another authority by law;

9. * decide on freely determinable one-time expenditures up to 200,000 francs and annually recurring expenditures up to 40,000 francs, subject to further powers conferred upon it by legislation or resolution of the Cantonal Council;

10. manage the canton’s assets and dispose of them within the framework of number 9;

11. fulfill all other tasks assigned to it by legislation.

### The Cantonal and Municipal Authorities and Their Functions - The Cantonal Authorities - Courts If you need further assistance or additional sections translated, feel free to ask!

1. The courts are independent and subject only to the legislation.

2. Laws that violate this constitution or contravene federal law, as well as unconstitutional and unlawful decrees, are not binding on the courts.

### The Cantonal and Municipal Authorities and Their Functions - The Cantonal Authorities - Courts If you need further assistance or additional sections translated, feel free to ask!

1. Civil Jurisdiction is exercised by

1. the Cantonal Court;

2. the Superior Court.

2. Legislation regulates the organization of the conciliation authorities.

### The Cantonal and Municipal Authorities and Their Functions - The Cantonal Authorities - Courts If you need further assistance or additional sections translated, feel free to ask!

1. Criminal Jurisdiction is exercised by

1. the Cantonal Court;

2. the Superior Court.

2. Legislation

1. regulates the organization of law enforcement authorities;

2. may delegate administrative penal powers to the administrative authorities of the canton and the municipalities, subject to judicial review.

The Cantonal and Communal Authorities and Their Functions - The Cantonal Authorities - Courts

1. Jurisdiction in Administrative and Social Security Law Disputes is Exercised by the Administrative Court.

### The Cantonal and Municipal Authorities and Their Functions - The Cantonal Authorities - Courts If you need further assistance or additional sections translated, feel free to ask!

1. The Constitutional Court is the supreme court.

2. The Constitutional Court adjudicates

1. Disputes concerning the exercise of political rights and the validity of elections and referendums in the canton, as well as, after assessment by the government council pursuant to Art. 65 number 7, in the municipalities and corporations;

2. Disputes concerning the legality of laws and ordinances of the canton, municipalities, and corporations;

3. Jurisdictional conflicts between cantonal authorities, provided that the Constitutional Court is not a party;

4. Disputes concerning the autonomy of municipalities, corporations, and publicly recognized churches;

5. * Appeals against decisions of the Diet or the administrative council regarding the constitutional admissibility of proposals and counter-proposals pursuant to Art. 61 number 2 or Art. 82 para. 2 number 5;

6. Other matters assigned to the Constitutional Court by law.

### The Cantonal and Municipal Authorities and Their Functions - The Cantonal Authorities - Courts If you need further assistance or additional sections translated, feel free to ask!

1. Legislation regulates the organization and the jurisdiction of the courts.

2. The courts can operate as both collegial and single-judge courts.

3. Legislation may

1. establish special judicial authorities for specific disputes;

2. establish inter-cantonal courts.

The Cantonal and Municipal Authorities and Their Functions - The Municipal Authorities - General Provisions - Foundations

1. The existence and autonomy of the municipalities is guaranteed.

The Cantonal and Municipal Authorities and Their Functions - The Municipal Authorities - General Provisions - Foundations

1. Municipalities regulate all local matters that do not fall within the responsibilities of the federal government or the canton.

2. Within the framework of legislation, they are authorized to

1. freely determine their own organization and to elect their authorities and staff themselves;

2. fulfill the tasks falling within their sphere of influence at their own discretion.

The Cantonal and Municipal Authorities and Their Functions - The Municipal Authorities - General Provisions - Foundations

1. Municipalities may, within the framework of legislation, enter into contracts, form municipal associations, or establish joint institutions for the purpose of fulfilling tasks in cooperation with municipalities both within and outside the canton.

The Cantonal and Municipal Authorities and Their Functions - The Municipal Authorities - General Provisions - Foundations

1. The municipal assembly, the administrative council, and its president are the necessary organs of every municipality.

The Cantonal and Municipal Authorities and Their Functions - The Municipal Authorities - General Provisions - Foundations

1. Municipalities are subject to the supervision of the Government Council.

2. In the event of a serious breach of duty, the Government Council may, subject to appeal to the Cantonal Parliament, fully or partially revoke a municipality's right to self-administration or order other measures.

The Cantonal and Municipal Authorities and their Functions - The Municipal Authorities - General Provisions - Municipal Assembly

1. The municipal assembly must be convened at least twice a year.

2. Extraordinary municipal assemblies must be convened when decided by the administrative council, or if one twentieth of the eligible voters request it in writing, specifying the subjects to be addressed; in the latter case, the municipal assembly must take place within four months.

3. The proceedings are chaired by the President or the Vice President, or the next member in succession of the administrative council.

The Cantonal and Municipal Authorities and their Functions - The Municipal Authorities - General Provisions - Municipal Assembly

1. The competence of the Municipal Assembly includes

1. * the enactment of the municipal code and regulations;

2. * the election of authorities and staff to be elected by the Municipal Assembly in accordance with the legislation; municipalities are free to arrange the election for the administrative council and the commission responsible for auditing accounts in such a manner that half of the members are elected every two years;

3. * the determination of the municipal tax rate;

4. * decisions concerning expenditures and financial dispositions that exceed the financial authority of the administrative council;

5. * the establishment of the annual budget;

6. the approval of the municipal accounts.

The Cantonal and Municipal Authorities and their Functions - The Municipal Authorities - General Provisions - Municipal Assembly

1. Applications may be submitted as a general suggestion or as a detailed proposal; if a general suggestion is raised to a resolution, the detailed proposal must be presented to the municipal assembly within one year.

1a. The law may provide for the extension of this period.

2. Applications may only relate to a single subject matter and must include a justification.

3. Applications may be submitted by

1. Every active citizen, each committee, and the administrative council of the competent municipality;

2. Legal entities of private and public law that have their registered office in the municipality, provided it concerns a financial resolution in favor of a charitable or cooperative purpose.

4. The applications must not contain anything that contradicts federal law or cantonal law.

The cantonal and municipal authorities and their functions - The municipal authorities - General provisions - Municipal assembly

1. The law stipulates the conditions under which voting by ballot must take place in municipal matters.

The Cantonal and Municipal Authorities and their Functions - The Municipal Authorities - General Provisions - Municipal Assembly

1. The law determines the conditions under which municipalities can replace the municipal assembly with the people's representation, as well as the organization and powers of the people's representation.

### The Cantonal and Municipal Authorities and Their Functions - The Municipal Authorities - General Provisions - Administrative Council

1. The administrative council (municipal council, school board, church council, or chapel council) consists of three to eleven members.

2. From among its members, the general assembly elects the president and the vice president. The law regulates the term of office.

3. The administrative council is entitled, within the framework of the legislation, to define the scope of duties for its members and to form committees.

### The Cantonal and Municipal Authorities and Their Functions - The Municipal Authorities - General Provisions - Administrative Council

1. The administrative council issues regulations for which it is authorized by legislation.

### The Cantonal and Municipal Authorities and Their Functions - The Municipal Authorities - General Provisions - Administrative Council

1. The administrative council is the governing authority of the municipality; it represents the municipality externally.

2. It is, subject to Article 80, especially authorized and tasked to

1. approve the minutes of the municipal assembly;

2. execute the laws, ordinances, and regulations;

3. implement the resolutions and decisions of the cantonal authorities and the municipal assembly, insofar as this authority is not reserved for specific bodies;

4. * appoint the employees, insofar as their appointment is not delegated to another body by legislation;

5. decide on the constitutional admissibility of motions submitted to the municipal assembly in accordance with Article 78, paragraph 4;

6. provide opinions as requested by the canton from the municipality;

7. * decide on freely determinable one-time expenses and annually recurring expenses within the framework of the financial competencies defined in the municipality's legislation, as well as expenses that are mandatorily prescribed by legislation, or for which further powers are delegated to the administrative council by legislation or the decision of the municipal assembly;

8. manage municipal assets and dispose thereof within the framework of item 7;

9. * ...

10. fulfill all other tasks assigned to it by legislation.

**The Cantonal and Communal Authorities and Their Functions - The Communal Authorities - Types of Municipalities - Political Municipality**

1. A political municipality may not be divided or merged with another municipality without the consent of the active citizenry of the municipality and the canton.

Cantonal and Municipal Authorities and Their Functions - Municipal Authorities - Types of Municipalities - Political Municipality

1. The political municipality regulates all local matters within the framework of the legislation that have not been assigned to another municipality.

The cantonal and municipal authorities and their functions - The municipal authorities - Types of municipalities - School municipalities

1. The area of the school district coincides with that of the political municipality.

2. The school district can be dissolved and its tasks and powers assumed by the political municipality, provided that the eligible voters approve this consolidation; the consolidation can be reversed by a resolution of the eligible voters.

Cantonal and Communal Authorities and Their Functions - Communal Authorities - Types of Municipalities - Church Municipality or Chapel Municipality

1. The members of churches recognized under public law form parishes or chapel communities.

2. The formation of new parishes or chapel communities, as well as the merger or division of existing ones, requires the approval of the eligible voters of the municipality and the district council.

**The Cantonal and Communal Authorities and Their Functions - The Communal Authorities - Types of Municipalities - Parish Municipality or Chapel Municipality**

1. Voting and electoral rights are governed by the provisions of this constitution; these rights may be extended to additional church members by the ecclesiastical constitution.

2. The responsible pastor or chaplain is an ex officio member of the church or chapel council.

3. The congregational assembly of Roman Catholic parish communities or chapel communities, which possess this traditional right, is entitled to appoint (present) the clergy.

Cantonal and Communal Authorities and Their Functions - Communal Authorities - Types of Municipalities - Church Municipality or Chapel Municipality

1. Parish congregations or chapel congregations may only collect church taxes from church members.

2. The canton levies a surcharge on the income and capital taxes of legal entities within the framework of legislation; the legislation regulates the distribution of the tax revenue among the churches recognized under public law.

Corporations

1. The establishment of new corporations requires the approval of the district council.

2. The authority of corporations to manage and utilize their assets independently is guaranteed within the limits of the legislation.

The Revision of the Constitution

1. If a proposal is submitted as a fully drafted bill, the partial revision of the constitution shall proceed by means of legislation, subject to Article 54 and Article 94.

2. If a proposal is submitted as a general suggestion, the partial revision shall proceed according to the procedure established in Article 93.

The Revision of the Constitution

1. If a total revision of the constitution is requested pursuant to Article 54, the request must be submitted to a referendum.

2. If the total revision is decided, the drafting of the new constitution is the responsibility of the Landrat, unless a constitutional council is appointed with this task by the revision decision.

3. The constitutional council shall consist of the same number of members as the Landrat and is to be elected within 90 days in accordance with the regulations applicable to the election of the Landrat.

4. The revised constitution must be submitted to a referendum.

The Revision of the Constitution

1. Concerning the Adoption or Rejection of the New Constitutional Provisions or the New Constitution, the Active Citizens Decide at the Ballot.

2. In the Transitional Order, the Entry into Force of All or Specific New Constitutional Provisions May Be Deferred

1. Until After the Federal Guarantee Has Been Granted;

2. Until After the Existing Specifically Named Enactments Have Been Amended.

Transitional Regulation

1. This Constitution shall enter into force upon adoption by the Landsgemeinde.

Transitional Regulation

1. Insofar as provisions of the previous constitution are necessary for the existence and operation of the cantonal and municipal authorities, they shall remain in force until the enactment of new legislation.

2. This particularly applies to the procedural regulations of the cantonal assembly and the municipal assembly, as well as to the provisions concerning the organization of the judiciary.

Transitional Regulation

1. All existing laws and regulations remain in force, insofar as they do not contradict this constitution.

2. Laws and regulations that are in conflict with this constitution are to be aligned with the constitution by the district council.

3. New laws that are to be enacted based on this constitution must be submitted to the assembly of citizens for decision.

Transitional Regulation

1. Until the enactment of the new legislation regarding the liability of public law corporations and institutions pursuant to Art. 6, the regulation of the previous constitution (Art. 22 para. 2) shall apply.

Transitional Regulation

1. Until the enactment of new legislation, the election of those officers and employees whom it has elected under the previous constitution remains the prerogative of the municipal assembly.

2. The special taxes levied by the municipalities under the previous legislation shall remain in effect until the enactment of new legislation.

Transitional Regulation

1. In order to implement the existence of school districts in accordance with Art. 86 para. 1, a regulation must be established that mandatorily sets out all necessary provisions regarding division or consolidation, in particular concerning property-related settlements and transitional arrangements.

2. In the event of a consolidation of several school districts, their municipal assemblies are responsible for appointing their representatives for the preparation of the regulation and for approving the regulation; in the event of a division of a school district, the same authorities are granted to the municipal assemblies of the affected political municipalities.

3. Upon request of a negotiating party, the district council is required to appoint an arbitration tribunal and, unless it wishes to delegate this to the tribunal, to establish the arbitration procedure; if no regulation is reached between the negotiating parties by January 1, 1970, the district council must appoint the arbitration tribunal on its own initiative.

4. The arbitration tribunal has the task of facilitating an amicable agreement between the parties or, if that is not possible, to definitively establish the binding regulation with all necessary provisions.

5. The existence of the school districts in accordance with Art. 86 para. 1 is effective from January 1, 1975, unless an earlier date is agreed upon.

Transitional Regulation

1. If the part of the municipality of Oberdorf that belongs to the Roman Catholic parish of Stans wishes to separate from the parish of Stans, the municipal assembly of the political municipality of Oberdorf is responsible for making the decision according to Art. 88 para. 2 instead of the parish of Stans; only those active citizens who are members of the Roman Catholic Church are eligible to vote on the decision.

Transitional Regulation

1. Until the enactment of a cantonal council resolution regarding the determination of the cantonal tax rate and a cantonal council resolution regarding the determination of the church tax rate for legal entities, the previous tax rates shall remain in effect.

Transitional Regulation

1. The existing poor communities shall remain in place until a different arrangement is established by law.

2. They shall perform their duties in accordance with the provisions of this Constitution; Article 94, paragraph 3 of the previous Constitution shall remain in force until the enactment of new legislation.

Transitional Regulation

1. The term of office for the justices of the peace and the single judge for debt collection and bankruptcy is extended until the end of December 2010.

2. For the filling of court presidencies and the election of those judges whose term of office expires in 2010, an election will be held in 2010 for the remaining term of office until 2012.

Transitional Regulation

1. The County Commissioner is authorized to reconcile those constitutional provisions with the Federal Constitution that may be declared by the Federal Assembly to be in contradiction with the Federal Constitution.

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