Legislator Case Law & Legislation
111.1 KV CH-SG

Constitution of the Canton of St. Gallen (KV) - Canton of St. Gallen (KV)

127 Articles / Provisions · Switzerland · Canton of St. Gallen
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Table of Provisions (127)

Art. 1 KV - Canton of St. Gallen Art. 2 KV Art. 3 KV - b) according to the Cantonal Constitution Art. 4 KV - c) In procedures Art. 5 KV - d) Restrictions Art. 6 KV Art. 7 KV - Personal Services Art. 8 KV - Lawfulness Art. 9 KV - Principle Art. 10 KV - Education Art. 11 KV Art. 12 KV - Social Security Art. 13 KV - Protection of the Family Art. 14 KV - Social Integration Art. 15 KV Art. 16 KV - Environmental Protection Art. 17 KV - Spatial Planning Art. 18 KV - Traffic Art. 19 KV - Economy and Labor Art. 20 KV Art. 21 KV - Supply and Disposal Art. 22 KV Art. 23 KV - Foreign Relations Art. 24 KV - Principle Art. 25 KV Art. 26 KV - Allocation to Canton and Municipalities Art. 27 KV - Decentralized Task Fulfillment Art. 28 KV - Monopolies and Regalia Art. 29 KV - Sovereignty over Waterways Art. 30 KV Art. 31 KV - Voting Capacity Art. 32 KV - Voting Rights Art. 33 KV - Eligibility Art. 34 KV - b) Grounds for Exclusion Art. 35 KV Art. 36 KV Art. 37 KV Art. 38 KV Art. 39 KV - First Instance Civil and Criminal Courts Art. 40 KV Art. 41 KV - Constitutional Initiative Art. 42 KV - Legislative Initiative Art. 43 KV Art. 44 KV - Admissibility Art. 45 KV - Deadline Art. 46 KV Art. 47 KV Art. 48 KV - Mandatory Voting Art. 49 KV Art. 50 KV Art. 51 CW Art. 52 KV - Voting in the Municipality Art. 53 KV - Consultation Art. 54 KV - Political Parties Art. 55 KV Art. 56 CC Art. 57 KV - c) Judicial Authority Art. 58 KV Art. 59 KV - Term of Office Art. 60 KV - Information Art. 61 KV - Immunity Art. 62 KV - Liability Art. 63 KV - Inventory Art. 64 KV Art. 65 KV - b) Matters of Fact Art. 66 KV Art. 67 KV Art. 68 KV - Urgency Art. 69 KV - Collegium Art. 70 KV Art. 71 KV Art. 72 KV Art. 73 CV - c) Administrative Matters Art. 74 KV - d) External Relations Art. 75 KV Art. 76 KV - f) Transfer Art. 77 KV Art. 78 KV Art. 79 KV Art. 80 KV Art. 81 KV Art. 82 KV Art. 83 KV - Revenues a) Canton Art. 84 KV Art. 85 KV - Financial Equalization Art. 86 KV - Compensation for Advantages Art. 87 KV Art. 88 KV - Types of Municipalities Art. 89 KV - Municipal Autonomy Art. 90 KV Art. 91 KV Art. 92 KV Art. 93 KV - Local Municipality Art. 94 KV Art. 95 KV Art. 96 KV Art. 97 KV - b) Municipal Association and Joint Authority Art. 98 KV Art. 99 KV - b) Promotion of the Association Art. 100 KV Art. 101 KV Art. 102 KV Art. 103 KV - Naturalization Council Art. 104 KV Art. 104a Constitution Art. 105 KV Art. 106 KV Art. 107 KV Art. 108 KV - d) Procedure Art. 109 KV Art. 110 KV - Autonomy Art. 111 KV Art. 112 KV - Principle Art. 113 KV - Introduction Art. 114 KV Art. 115 KV Art. 116 KV - Voting Art. 117 KV - Introduction Art. 118 KV Art. 119 KV Art. 120 KV Art. 121 KV - b) Election of the Cantonal Council Art. 122 KV Art. 123 KV - d) Local Municipalities Art. 124 KV - e) Citizenship Art. 125 KV Art. 126 KV - Commencement of Enforcement

Statutory Text (127 Articles)

I. General Provisions

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

2. It is a liberal, democratic, and social constitutional state that has developed on a Christian-humanist foundation.

3. It actively collaborates with the federal government, other cantons, and foreign countries.

4. The capital is St. Gallen.

II. Fundamental Rights and Duties as well as Principles of the Rule of Law - 1. Fundamental Rights

1. Fundamental rights are guaranteed according to the Federal Constitution, notably

a) Respect for and protection of human dignity;

b) Legal equality, protection against any discrimination, and equality between women and men;

c) Protection against arbitrariness and observance of good faith;

d) The right to life and personal freedom, particularly to physical and mental integrity;

e) The right of children and young people to protection and encouragement;

f) The right to assistance in situations of need;

g) Protection of privacy, including protection against the misuse of personal data;

h) The right to marriage and family;

i) Freedom of belief and conscience;

j) Freedom of opinion and information;

k) Freedom of the media;

l) Freedom of language;

m) The right to adequate and free basic education;

n) Freedom of scientific teaching and research;

o) Freedom of art;

p) Freedom of assembly;

q) Freedom of association;

r) Freedom of establishment for Swiss citizens;

s) Protection of Swiss citizens against expulsion, extradition, and deportation;

t) Guarantee of property;

u) Economic freedom;

v) Freedom of coalition for social partners and their organizations;

w) Right of petition;

x) Free formation of will and uncorrupted casting of votes in the exercise of political rights.

II. Fundamental Rights and Duties as well as Principles of the Rule of Law - 1. Fundamental Rights

1. This Constitution further guarantees

a) the right to establish, operate, and attend private schools;

b) the entitlement of those subject to compulsory education to receive support if they are disadvantaged in attending school due to the location of their residence, disability, or social reasons;

c) the entitlement to receive assistance for further education and training beyond elementary education, based on the economic capacity of the applicant and their parents;

d) the right to receive a response to a petition within a reasonable period.

II. Fundamental Rights and Duties as well as Principles of the Rule of Law - 1. Fundamental Rights

1. Every person is entitled in proceedings before administrative and judicial authorities, according to the Federal Constitution, to the following rights in particular

a) equal and fair treatment;

b) adjudication within a reasonable time;

c) the right to be heard;

d) free legal assistance and free legal counsel;

e) adjudication by independent courts;

f) protection in the event of deprivation of liberty;

g) a fair criminal trial.

II. Fundamental Rights and Duties as well as Principles of the Rule of Law - 1. Fundamental Rights

1. Restrictions by the state on fundamental rights require a legal basis in accordance with the Federal Constitution, except in cases of serious, immediate, and otherwise unavoidable danger.

2. They must be justified by a public interest or by the protection of the fundamental rights of third parties and must be proportionate.

3. The essence of fundamental rights is inviolable.

II. Fundamental Rights and Duties as well as Principles of the Rule of Law - 2. Fundamental Duties

1. Every person bears responsibility for themselves as well as joint responsibility for the community and the preservation of the means of subsistence.

II. Basic Rights and Duties as well as Principles of Lawful Conduct - 2. Basic Duties

1. Every person may be required to perform personal services, particularly to engage in community service work during disasters and emergencies.

2. The law establishes the conditions.

II. Fundamental Rights and Duties as well as Principles of the Rule of Law - 3. Principles of the Rule of Law

1. The foundation of state action is the law.

2. State action must be in the public interest and proportionate.

3. Authorities and private individuals shall act in good faith.

III. State Objectives

1. Eligible voters and authorities of the canton and municipalities strive to achieve the state objectives within the scope of their responsibilities and available resources.

2. No direct claims for state benefits can be derived from the state objectives.

III. State Objectives

1. The State aims to ensure that

a) Children and adolescents receive education and upbringing based on their aptitudes and inclinations;

b) Equal opportunities are provided at all levels;

c) Public educational institutions and diverse educational offerings of high quality exist;

d) Skills and abilities acquired during education can be further developed through continuing education.

2. It particularly promotes the intellectual, social, creative, emotional, and physical abilities of children and adolescents, as well as the cooperation between school and parents in education and upbringing.

3. It advocates that in teaching, academic education and research, responsibility towards humanity and the environment is recognized and conveyed.

III. State Objectives

**1. The State aims to ensure that:**

a) cultural values are created and developed;

b) cultural heritage is preserved and transmitted;

c) contemporary cultural creation is conveyed.

III. State Objectives

1. The state aims to provide social security for the population, notably for families, children, young people, single individuals, the elderly, and people with disabilities, in addition to personal responsibility and private initiative.

III. State Objectives

1. The State aims to protect and promote the family.

2. It particularly encourages suitable conditions for child care.

III. State Objectives

1. The State aims at social integration.

III. State Objectives

1. The State aims to ensure that

a) the population receives adequate health care under conditions that are affordable for them;

b) there is effective and comprehensive health prevention and health education;

c) the population can engage in sports.

III. State Objectives

**1. The State aims to ensure that:**

a) Human beings and the natural environment are protected from harmful or bothersome effects;

b) The regenerative capacity of the natural life-support systems is preserved;

c) The burdens are fairly borne by those who cause them.

III. State Objectives

1. The State aims to ensure that

a) the land is settled in an orderly manner;

b) the land is used appropriately and sustainably;

c) the landscape is protected.

III. State Objectives

1. The State aims to ensure that

a) the entire canton is adequately accessible in terms of transportation;

b) public and private transportation means are utilized in a sensible and need-based manner.

2. It takes into account the needs of vulnerable road users.

III. State Objectives

1. The State aims to ensure that

a) a diversified and competitive economy exists, which provides a secure and varied range of employment opportunities and serves the promotion of general welfare;

b) social partnership is maintained;

c) individuals capable of working can earn their livelihood under reasonable conditions;

d) the canton and municipalities are attractive as business locations for people and enterprises.

III. State Objectives

1. The state aims to establish an efficient and sustainably operating agricultural and forestry sector that can fulfill its diverse responsibilities for nature, people, and the economy.

III. State Objectives

1. The State aims to ensure that

a) the supply of water and energy is secured and consumption is economical;

b) resources are handled with care;

c) waste is avoided, reduced, and recycled.

III. State Objectives

1. The State aims to preserve public safety and order.

III. State Objectives

1. The State aims to, in collaboration with the Federation, other cantons, and abroad, in particular

a) solve tasks jointly;

b) build and develop mutual understanding among the populations and contribute to the preservation of peace.

2. It advocates for the Federation to uphold the autonomy of the cantons.

IV. Functions of the State

1. The state aims to achieve the realization of the state objectives in the fulfillment of state tasks.

2. Insofar as tasks of public interest are carried out by private entities, the state may support them.

IV. Functions of the State

1. The state performs duties according to the law, which must be carried out in the public interest, insofar as private individuals do not adequately fulfill them.

2. It performs state duties particularly when

a) the basic provision for the population must be ensured;

b) a benefit is to accrue evenly.

3. The law regulates the conditions for transferring the fulfillment of state duties to private individuals, as well as legal protection and supervision.

IV. Functions of the State

1. The law assigns state tasks to the canton for execution if the municipalities are unable to fulfill them economically and effectively either independently or in cooperation with other municipalities.

2. When municipalities fulfill state tasks, they decide on the manner of execution and are responsible for the financing.

3. The law specifies who bears the primary responsibility for execution and financing when it assigns state tasks to be jointly fulfilled by the canton and municipalities.

IV. Responsibilities of the State

1. The canton performs state functions in a decentralized manner when, in particular, the nature of the task, economical use of resources, or effective task fulfillment demands it.

IV. Functions of the State

1. The state may, if required by the public interest, establish and exercise monopolies through legislation.

2. Existing sovereign rights and private rights are reserved.

IV. Functions of the State

1. The state has sovereignty over the waters.

2. Existing private rights are reserved.

IV. Responsibilities of the State

1. State functions shall be regularly assessed to determine whether they are necessary and financially sustainable, and whether they are being fulfilled economically and effectively.

V. Political Rights - 1. Right to Vote

1. Eligible to vote are Swiss citizens who

a) have attained the age of 18;

b) are not declared incompetent due to mental illness or mental deficiency.

V. Political Rights - 1. Right to Vote

1. Eligible voters are entitled to vote

a) in cantonal matters, if they reside in the canton;

b) in municipal matters, if they reside in the respective municipality. The law may provide for exceptions.

2. Those who are entitled to vote can participate in elections and referendums in the canton and municipalities, as well as sign referendums and initiatives.

V. Political Rights - 1. Right to Vote

1. Eligible for office is anyone who has the right to vote.

2. The law may establish special requirements for eligibility to the courts.

V. Political Rights - 1. Right to Vote

1. Parents and children, siblings, spouses, as well as persons living in relationships akin to marriage, grandparents and grandchildren, sisters-in-law and brothers-in-law, as well as parents-in-law and children-in-law, shall not simultaneously belong to the same authority. The law may provide for further grounds for exclusion.

2. The grounds for exclusion do not apply to the Cantonal Council and the Municipal Parliament.

3. No person may be part of an authority that directly supervises them. The law may provide for exceptions.

V. Political Rights - 1. Right to Vote

1. The elected person may only assume their office if they meet the eligibility requirements to vote.

2. The law may provide exceptions to the residency requirement.

V. Political Rights - 2. Elections

1. The eligible voters elect

a) the members of the Cantonal Council;

b) the members of the Government;

c) the members of the Council of States and, according to federal law, the members of the National Council;

d) the Presidents and other members of the first-instance civil and criminal courts, except for the specialized judges designated by law;

e) the Presidents and members of the municipal councils;

f) the members of the municipal parliaments;

g) the members of other authorities designated by law.

V. Political Rights - 2. Elections

1. Members of the Canton Council shall be elected by proportional representation.

2. They shall be elected in the electoral districts of St. Gallen, Rorschach, Rheintal, Werdenberg, Sarganserland, See-Gaster, Toggenburg, and Wil.

3. In each electoral district, as many members shall be elected as corresponds to its share of the number of residents in the canton. The law specifies the basis of the calculation.

V. Political Rights - 2. Elections

1. Members of the government and the Council of States are elected by majority vote.

2. The canton constitutes an electoral district.

V. Political Rights - 2. Elections

1. Presidents and other members of the first-instance civil and criminal courts are elected by majority vote.

2. The law establishes the electoral districts.

V. Political Rights - 2. Elections

1. Members of the municipal parliaments are elected by proportional representation. Municipalities may establish electoral districts.

2. If municipalities establish electoral districts, the number of members elected in each district shall correspond to its share of the population within the municipality. The calculation and procedure are regulated by law and municipal ordinances.

3. The president and the members of the councils, as well as the members of other authorities designated by law within the municipalities, are elected by majority vote.

**V. Political Rights - 3. Initiative**

1. 8,000 eligible voters can request through a constitutional initiative

a) the total revision of the cantonal constitution;

b) a partial revision of the cantonal constitution, either in the form of a general proposal or a fully formulated draft.

**V. Political Rights - 3. Initiative**

1. 6,000 registered voters can request the enactment, amendment, or repeal of a law in the form of a fully drafted proposal.

**V. Political Rights - 3. Initiative**

1. 4000 eligible voters can issue a legislative mandate to the Cantonal Council with the unified initiative in the form of a general suggestion.

2. The Cantonal Council fulfills the legislative mandate by a partial revision of the Cantonal Constitution or by enacting, amending, or repealing a law.

**V. Political Rights - 3. Initiative**

1. The law determines the requirements for admissibility and establishes the procedure.

2. Initiatives are, in particular, wholly or partially inadmissible if they

a) contravene superior law;

b) are impracticable;

c) do not preserve the unity of substance or form.

**V. Political Rights - 3. Initiative**

1. The period for collecting signatures is five months.

**V. Political Rights - 3. Initiative**

1. The Cantonal Council may oppose an initiative with a counter-proposal.

2. The vote on the initiative and the counter-proposal takes place simultaneously. The eligible voters can agree to both proposals. They decide which proposal they prefer in the event that both proposals are accepted.

**V. Political Rights - 3. Initiative**

1. Law and municipal code determine the subject, deadlines, and procedure of the initiative in the municipality.

V. Political Rights - 4. Voting

1. A mandatory referendum is held on

a) the complete or partial revision of the constitution;

b) an international agreement, if, based on its content, it holds constitutional status, especially if it involves the transfer of legislative powers;

c) an initiative, if the Cantonal Council does not agree or presents a counterproposal to it;

d) resolutions concerning new expenditures that exceed the amount specified in the law, and laws that trigger such expenditures.

V. Political Rights - 4. Voting

1. 4000 eligible voters or one-third of the members of the Cantonal Council can request, through the process of an optional referendum, that a vote be held on

a) Laws;

b) International agreements, if they hold the rank of law according to their content;

c) Decisions on new expenditures that exceed the amount specified by law.

2. Decrees concerning the salaries of state personnel and primary school teachers are not subject to a referendum.

V. Political Rights - 4. Voting

1. The period for the signature collection is forty days.

2. The law specifies the additional requirements for the validity of the referendum and establishes the procedure.

V. Political Rights - 4. Voting

1. The proposal is accepted if it receives the majority of valid votes.

V. Political Rights - 4. Voting

1. Law and municipal ordinance determine the matters that are subject to mandatory voting or optional referendum in the municipality, as well as the deadlines and procedures.

V. Political Rights - 5. Participation

1. Before enacting constitutional and legislative provisions and in the case of other cantonal projects, a public consultation or a hearing may be conducted.

V. Political Rights - 5. Participation

1. Political parties participate in the formation of opinion and will.

2. The canton and municipalities can support them in this task.

VI. Authorities - 1. Principles

1. Decisions are made independently by

a) Cantonal Council, Government, and Courts;

b) Municipal Parliament, Council, and Naturalization Council.

2. Judicial authorities operate independently in their judgment. They are solely committed to the law.

3. Members of the Naturalization Council designated by the local municipality who belong to the Municipal Parliament shall recuse themselves from the Municipal Parliament's decisions on granting municipal and local citizenship.

VI. Authorities - 1. Principles

1. The following are not members of the Cantonal Council

a) the members of the government as well as the state secretary;

b) the judges of the cantonal court and the administrative court, as well as the members of other judicial authorities designated by law;

c) the employees of the state administration designated by law.

VI. Authorities - 1. Principles

1. The following individuals are not members of a judicial authority

a) the members of the government, as well as the Secretary of State;

b) the staff of the public administration designated by law.

VI. Authorities - 1. Principles

1. The following do not belong to the municipal parliament

a) the chairperson of the council and the members of the council, as well as the council clerk;

b) the employees of the municipal administration designated by the municipal code.

VI. Authorities - 1. Principles

1. Term of Office

a) For the Cantonal Council, the Government, and other authorities of the canton and the municipality, four years;

b) For the President of the Cantonal Council, one year;

c) For the President of the Government, one year;

d) For the Secretary of State, four years;

e) For the members of the courts, six years.

2. The law may provide for a different term of office for other authorities in special cases.

VI. Authorities - 1. Principles

1. The authorities shall provide information either on their own initiative or upon request about their activities unless there are public or protected private interests that oppose it.

2. The law regulates the dissemination of information and access to official information.

VI. Authorities - 1. Principles

1. Members of the Cantonal Council and the government shall not be subject to criminal prosecution for statements made during the proceedings of the Cantonal Council and its bodies.

2. The Cantonal Council may lift immunity in individual cases if it is evidently abused.

VI. Authorities - 1. Principles

1. Cantons, municipalities, and other public-law entities as well as public-law institutions are liable for damage unlawfully caused by their organs, authorities, employees, and agents while performing their official duties.

2. The law provides for liability for damages resulting from lawful actions in cases where equity demands it.

VI. Authorities - 2. Cantonal Council

1. The Cantonal Council consists of 120 members.

VI. Authorities - 2. Cantonal Council

1. The Cantonal Council elects

a) its organs in accordance with the rules of procedure;

b) its representatives to inter-cantonal and international parliamentary assemblies and commissions;

c) the President of the Government;

d) on the recommendation of the Government, the State Secretary;

e) the President and other members of the Cantonal Court and the Administrative Court;

f) other authorities and organs designated by law.

VI. Authorities - 2. Cantonal Council

**1. The Cantonal Council:**

a) decides on constitutional amendments;

b) enacts, amends, and repeals laws;

c) approves the conclusion and termination of intergovernmental agreements with constitutional and legal status;

d) issues rules of procedure and establishes parliamentary instruments;

e) informs itself about foreign relations and sets objectives for their formulation;

f) decides on the budget and tax rate, as well as on the approval of the accounts;

g) decides on new expenditures that exceed the amount specified by law;

h) deals with the task and financial plan in accordance with the law;

i) reviews reports;

j) supervises the government and state administration;

k) oversees the conduct of court proceedings;

l) submits cantonal initiatives pursuant to the Federal Constitution;

m) fulfills additional tasks assigned to it by law.

VI. Authorities - 2. Cantonal Council

1. In votes, the majority of the voting members of the Cantonal Council shall decide.

2. The rules of procedure may require the approval of the majority of the members of the Cantonal Council for certain matters.

VI. Authorities - 2. Cantonal Council

1. The Cantonal Council enacts a law with the explicit or implicit consent of the eligible voters, particularly when in general form

a) the rights and duties of private individuals as well as of the canton, municipalities, and other public-law entities are established;

b) the principles of organization and procedure in the canton, municipalities, and other public-law entities and institutions are arranged.

VI. Authorities - 2. Cantonal Council

1. For reasons of urgency, the Cantonal Council may, with the consent of the majority of its members, immediately put laws or financial resolutions into effect. These must be submitted to a referendum no later than one year later.

VI. Authorities - 3. Government

1. The government consists of seven members.

2. It makes and represents its decisions as a collegium.

VI. Authorities - 3. Government

1. The Head of Government

a) conducts the negotiations;

b) oversees the course of business;

c) represents the government, insofar as no other member is entrusted with this;

d) fulfills the special tasks assigned by law to the chairperson of the collegiate authority.

VI. Authorities - 3. Government

1. The government specifies objectives and means of state action within the framework of legislation. It plans and coordinates state activities.

2. It represents the state.

3. It directs the state administration and determines its organization.

VI. Authorities - 3. Government

1. The government conducts the elections assigned to it by law.

2. It designates its representations in non-governmental institutions.

VI. Authorities - 3. Government

1. The Government

a) generally prepares the business of the Cantonal Council;

b) implements the constitution, laws, interstate agreements, and resolutions of the Cantonal Council, in particular through

1. Regulations;

2. Executive actions;

3. Contract conclusions;

c) reports to the Cantonal Council on its activities;

d) submits the budget and financial statements to the Cantonal Council;

e) submits the task and financial plan to the Cantonal Council in accordance with the law;

f) prepares consultations for the federal authorities, unless subordinate bodies are tasked with this;

g) ensures leadership in extraordinary situations;

h) decides in special legal disputes;

i) decides on requests for clemency;

j) performs other tasks assigned to it by law.

VI. Authorities - 3. Government

1. The government directs the state cooperation with the federation, the other cantons, and foreign countries.

2. Within the scope of its responsibilities

a) it concludes intergovernmental agreements;

b) it designates state representations in intergovernmental bodies;

c) it informs the cantonal parliament about external relations, particularly regarding ongoing negotiations on important intergovernmental agreements.

3. The government is responsible according to the Federal Constitution

1. for submitting cantonal initiatives, unless the cantonal parliament exercises this right;

2. for participating in the cantonal referendum.

VI. Authorities - 3. Government

1. Insofar as there is an urgent need for regulation and the regular procedure cannot be conducted due to time constraints, the government shall provisionally establish law through an ordinance. It shall promptly submit a request to the Cantonal Council for the enactment of statutory provisions. The ordinance shall be applied for no longer than two years.

VI. Authorities - 3. Government

1. Authorities of the Government may be delegated according to statutory provisions to

a) subordinate agencies of the Government;

b) commissions with executive powers;

c) public law institutions;

d) private entities.

VI. Authorities - 4. Judiciary

1. Every person has the right to a hearing by a judicial authority in legal disputes. The law may exclude judicial assessment in special cases concerning public-law disputes.

2. Subject to federal law, the law regulates the procedures for civil, criminal, state, and administrative justice, as well as the organization of the courts.

3. Legal proceedings and court organization ensure that justice is administered swiftly and reliably.

VI. Authorities - 4. Judiciary

1. Civil jurisdiction is exercised by first-instance civil courts and the Cantonal Court. The law may provide for additional courts.

2. The law stipulates that two regular instances shall administer justice. It deviates from this principle when

a) the highest court instance in the canton has sole jurisdiction;

b) trivial matters are to be decided.

VI. Authorities - 4. Judiciary

1. Criminal jurisdiction is exercised by first-instance criminal courts and the cantonal court.

2. The law may grant administrative punitive powers to the administrative authorities of the canton and municipalities. Judicial review remains reserved.

3. The law stipulates that two ordinary judicial instances shall adjudicate. It deviates from this principle when deciding on petty cases.

VI. Authorities - 4. Judiciary

1. The Administration of Justice in State and Administrative Matters is exercised by

a) Administrative authorities of the canton and the municipalities;

b) The Administrative Court as the highest court;

c) Other judicial instances of administrative justice.

VI. Authorities - 4. Judiciary

1. Judicial bodies review, in a specific case, a legal provision or regulation for its conformity with superior law.

VII. Financial Order

1. The law ensures that the financial budgets of the canton and municipalities are balanced.

2. The canton and municipalities use public funds economically and effectively.

3. They take into account the principles of transparency and public access for both the budget proposal and the accounts.

VII. Financial Order

1. The canton obtains its resources in particular

a) through taxes and other levies;

b) from the revenues of its assets;

c) from contributions and compensation for services by third parties.

2. It may acquire external funds for the financing of investments and to ensure liquidity.

3. Taxes are levied in accordance with the principles of uniformity, generality, and economic capacity.

VII. Financial Order

1. The law determines the municipal taxes.

2. The municipality determines its other revenues, insofar as these are not specified by law.

VII. Financial Order

1. The law regulates financial equalization. Its aim is to provide the political municipalities with the necessary resources, to reduce financial disparities between the municipalities, and to balance excessive burdens on the municipalities.

VII. Financial Order

1. The law may provide for the compensation of advantages to the canton if particular benefits accrue to the political municipality from the performance of tasks by the canton.

2. It may provide for the compensation of advantages to political municipalities if particular benefits accrue to other municipalities or the canton from the performance of tasks.

3. The participation of all parties involved shall be ensured.

VII. Financial Order

1. The financial budgets shall be audited by independent and expert bodies in accordance with the provisions of the law.

VIII. Municipalities

1. Municipalities are

a) the political municipality;

b) the school municipality;

c) the local municipality.

2. School municipalities and local municipalities are special municipalities.

3. The law may provide for additional special municipalities.

VIII. Municipalities

1. The municipality is autonomous insofar as the law does not limit its decision-making freedom.

2. In legislation, the municipality has decision-making freedom when the law does not provide a comprehensive regulation or expressly authorizes the municipality to legislate.

3. The canton considers the potential impacts on the municipalities in its actions.

VIII. Municipalities

1. The municipality fulfills the tasks assigned to it by the canton through the constitution and law, as well as tasks it chooses in the public interest within the scope of its autonomy.

VIII. Municipalities

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

2. The law determines the number and names.

3. The political municipality fulfills the municipal tasks, insofar as these are not carried out by special municipalities.

VIII. Municipalities

1. The school community fulfills the responsibilities assigned to it by law in the school and education sector.

VIII. Municipalities

1. The local municipality fulfills charitable, cultural, and other tasks in the public interest with its resources. Its services benefit the general public.

VIII. Municipalities

1. The law regulates the political rights as well as the basic principles of organization and financial management of the municipality.

2. The municipality issues a municipal ordinance, which specifically regulates the organization and jurisdiction of the authorities.

VIII. Municipalities

1. Organs of the Municipality are

a) the citizenry, which decides in the citizens' assembly or at the ballot box;

b) the council;

bbis) the naturalization council;

c) the parliament in municipalities without a citizens' assembly;

d) the business audit commission in municipalities with a citizens' assembly.

2. The law may establish additional municipal authorities.

VIII. Municipalities

1. The municipality collaborates with other municipalities by agreement, in particular through

a) Transfer or joint fulfillment of tasks;

b) Establishment of

1. Municipal associations for the fulfillment of several tasks;

2. Special-purpose associations for the fulfillment of one or more factually related tasks. Corporations and institutions that fulfill municipal tasks can belong to the special-purpose association if they have a particular relationship to the association's purpose.

2. The law regulates the procedure and promotes collaboration.

3. It may provide that additional expenses are not considered in the financial equalization or contributions are reduced if a required collaboration does not occur.

VIII. Municipalities

1. The municipality decides on membership in the municipal association or special-purpose association. It may be obligated to membership according to the provisions of the law if an economic use of resources or effective fulfillment of tasks requires it.

2. The eligible voters of the municipalities united in the municipal association form the association citizenry. This citizenry decides according to the provisions of the association agreement.

3. The constituencies of the municipalities involved in a special-purpose association decide according to the provisions of the association agreement and the municipal code.

VIII. Municipalities

1. The Law regulates

a) the merger of municipalities into a new municipality;

b) the separation of parts of municipalities for the purpose of merging with another municipality or forming a new municipality;

c) the dissolution of municipalities that no longer fulfill tasks in the public interest.

2. It regulates the transfer of rights and obligations.

VIII. Municipalities

1. The law promotes the merger of municipalities in the interest of economical use of resources or effective performance of duties.

2. If a required merger is not carried out or if other municipalities are significantly hindered in fulfilling their duties, it may provide that

a) Additional expenditures are not considered in financial equalization or contributions are reduced;

b) Municipalities are merged.

VIII. Municipalities

1. The municipality is subject to the supervision of the canton. Within the scope of municipal autonomy, the supervision is limited to the review of legality.

2. Outside the scope of municipal autonomy, the supervision includes the review of legality and appropriateness, unless the law provides otherwise.

IX. Naturalization

1. The municipal citizenship of the political municipality is the basis of the cantonal citizenship.

IX. Naturalization

1. Political Municipality and Local Municipality cooperate in granting municipal citizenship. The person applying for citizenship shall designate the competent Local Municipality if there are several Local Municipalities within the area of the Political Municipality.

2. If there is no Local Municipality, the Political Municipality is solely responsible.

IX. Naturalization

1. Council Members designated by the councils of the political municipality and the local municipality form a parity composed naturalization council. The President of the political municipality council presides over the meetings and has the deciding vote in the event of a tie.

2. If there is no local municipality, the council of the political municipality fulfills the duties of the naturalization council.

3. Unless the law provides otherwise, the provisions concerning the council of the political municipality apply accordingly.

IX. Naturalization

1. The Naturalization Council decides on the granting of municipal and local citizenship rights. It announces the naturalization in the official publication organ of the political municipality and publicly displays its decision with information on the suitability of the applicant for naturalization.

2. Eligible voters of the political municipality may submit a written and reasoned objection to the Naturalization Council against the naturalization in accordance with the law. The Naturalization Council gives the person seeking citizenship the opportunity to comment.

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

4. The government decides on the granting of cantonal citizenship rights after the municipal citizenship rights have been granted.

IX. Naturalization

1. The law may establish minimum requirements for the granting of municipal and communal citizenship.

2. The law regulates

a) further procedure;

b) the requirements for the validity of an objection, particularly the requirements for justification;

c) legal protection.

IX. Naturalization

1. Swiss citizens are granted municipal and cantonal citizenship upon request if they have resided in the political municipality for at least five years.

IX. Naturalization

1. Foreign and stateless youth shall be granted municipal and cantonal citizenship independently if they

a) submit the application before reaching the age of 20;

b) have resided in Switzerland for a total of ten years, including at least five years in the political municipality.

2. The law regulates the additional requirements.

IX. Naturalization

1. The Naturalization Council grants the citizenship of the political municipality.

2. By granting the citizenship of the political municipality, the naturalized person also acquires the local citizenship of the respective local municipality.

3. The government decides on the granting of canton citizenship after the municipal citizenship has been granted.

IX. Naturalization

1. The law regulates procedures and legal protection.

X. Publicly Recognized Religious Communities

1. The following religious communities are recognized as public-law corporations

a) the Catholic denominational community and its parishes;

b) the Protestant Church and its parishes;

c) the Old Catholic parish;

d) the Jewish community.

2. The Diocese of St. Gallen, the Protestant Church, the Old Catholic Church, and the Jewish community exist according to their self-understanding.

X. Publicly Recognized Religious Communities

1. Religious communities are autonomous.

2. The law may grant them the authority to levy taxes and provide for tax collection by the state.

X. Publicly Recognized Religious Communities

1. Religious communities shall regulate the fundamental aspects of their organization in a decree, which is to be submitted to their eligible voters for approval.

2. The government shall approve the decree if

a) voting rights and the church-state organizational structure conform to democratic principles;

b) the financial management complies with principles of transparency and public accountability;

c) there is no conflict with federal and cantonal law.

XI. Amendment of the Constitution - 1. Amendment Procedure

1. The cantonal constitution is amended through a total or partial revision.

2. Unless this constitution provides otherwise, the revision takes place in accordance with the legislative procedure.

XI. Revision of the Constitution - 2. Total Revision

1. The process of the comprehensive revision of the cantonal constitution is initiated by a resolution of the cantonal council or a constitutional initiative.

XI. Amendment of the Constitution - 2. Complete Revision

1. The eligible voters vote in a preliminary vote on the execution of the complete revision.

2. In the same preliminary vote, they entrust the execution to the Cantonal Council or a Constitutional Council.

XI. Revision of the Constitution - 2. Total Revision

1. If the execution has been assigned to a Constitutional Council, the eligible voters elect this council in accordance with the provisions on the election of the Cantonal Council.

2. The Constitutional Council consists of 180 members.

3. The provisions of this constitution regarding the separation of powers for the Cantonal Council and the term of office are not applied.

XI. Revision of the Constitution - 2. Total Revision

1. The draft of the new constitution, approved by the Cantonal Council or the Constitutional Council, shall be submitted to the eligible voters in its entirety or in parts.

2. Parts may be presented simultaneously or in a staggered manner over time. They become legally valid together.

3. If a part of the new constitution is rejected, a second proposal concerning the rejected part or the entire draft of the new constitution must be presented to the eligible voters. If this is also rejected, the total revision has failed.

**XI. Revision of the Constitution - 3rd Partial Revision**

1. The Process of Partial Revision of the Cantonal Constitution Begins With

a) a resolution of the Cantonal Council on its own initiative or based on a unified initiative;

b) a constitutional initiative.

XII. Final Provisions

1. Repealed are

a) the Constitution of the Canton of St. Gallen of November 16, 1890;

b) the Grand Council's decision regarding the partial amendment of the Cantonal Constitution of February 4, 1912;

c) the Grand Council's decision regarding the partial amendment of the Cantonal Constitution to enable the financial referendum of January 20, 1924.

XII. Final Provisions

1. The Cantonal Council shall amend existing laws that are inconsistent with this constitution within three years from the commencement of its enforcement.

2. The Cantonal Council may extend the deadline in individual cases if it proves impossible to make the amendment for compelling reasons.

XII. Final Provisions

1. Organs and Authorities of Canton and Municipalities remain in office until the expiration of their term of office. The previous law applies to by-elections.

XII. Final Provisions

1. Until the enactment of statutory provisions pursuant to Art. 37 para. 2 of this Constitution, the following exist

a) the electoral district of St.Gallen with the political municipalities of St.Gallen, Eggersriet, Wittenbach, Häggenschwil, Muolen, Waldkirch, Andwil, Gossau and Gaiserwald;

b) the electoral district of Rorschach with the political municipalities of Mörschwil, Goldach, Steinach, Berg, Tübach, Untereggen, Rorschacherberg, Rorschach and Thal;

c) the electoral district of Rheintal with the political municipalities of Rheineck, St.Margrethen, Au, Berneck, Balgach, Diepoldsau, Widnau, Rebstein, Marbach, Altstätten, Eichberg, Oberriet and Rüthi;

d) the electoral district of Werdenberg with the political municipalities of Sennwald, Gams, Grabs, Buchs, Sevelen and Wartau;

e) the electoral district of Sarganserland with the political municipalities of Sargans, Vilters-Wangs, Bad Ragaz, Pfäfers, Mels, Flums, Walenstadt and Quarten;

f) the electoral district of See-Gaster with the political municipalities of Amden, Weesen, Schänis, Benken, Kaltbrunn, Rieden, Gommiswald, Ernetschwil, Uznach, Schmerikon, Rapperswil, Jona, Eschenbach, Goldingen and St.Gallenkappel;

g) the electoral district of Toggenburg with the political municipalities of Wildhaus, Alt St.Johann, Stein, Nesslau, Krummenau, Ebnat-Kappel, Wattwil, Lichtensteig, Oberhelfenschwil, Brunnadern, Hemberg, St.Peterzell, Krinau, Bütschwil, Lütisburg, Mosnang, Kirchberg, Mogelsberg and Ganterschwil;

h) the electoral district of Wil with the political municipalities of Jonschwil, Oberuzwil, Uzwil, Flawil, Degersheim, Wil, Bronschhofen, Zuzwil, Oberbüren, Niederbüren and Niederhelfenschwil.

XII. Final Provisions

1. For initiative petitions that have been declared admissible and registered before the commencement of implementation of this Constitution, the previous law applies with respect to the number of signatures and the deadline for signature collection.

2. The treatment of unitary initiatives shall follow, as appropriate, the regulations applicable to legislative initiatives as set forth in the Law on Referendum and Initiative dated November 27, 1967.

3. For laws and resolutions regarding international agreements and new expenditures that are subject to optional referendum, the previous law shall apply to the deadline for signature collection if the final vote in the Grand Council took place before the commencement of implementation of this Constitution.

XII. Final Provisions

1. The local municipalities existing at the commencement of this constitution are recognized as special municipalities if they fulfill charitable, cultural, or other tasks in the public interest and possess assets.

2. The government shall establish the dissolution of local municipalities that do not meet the requirements according to paragraph 1 of this provision. Rights and obligations shall be transferred to the political municipality.

XII. Final Provisions

1. Citizens of a local municipality shall automatically receive municipal citizenship under the new law from the commencement of this constitution.

XII. Final Provisions

1. Jurisdiction for naturalizations is determined by the provisions of this constitution from the commencement of its enforcement.

XII. Final Provisions

1. This Constitution shall be applied from January 1, 2003.

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