General Principles
Table of Provisions (124)
Statutory Text (124 Articles)
1. The Canton of Schaffhausen is a liberal, democratic, and social constitutional state.
2. It is an independent member of the Swiss Confederation.
1. Article 37a shall enter into force immediately as adopted in the referendum of February 9, 2020, and supplemented by paragraphs 1a, 1b, 2a, 2b, and 5a.
2. Upon acceptance of Article 37a paragraphs 1a, 1b, 2a, 2b, and 5a, the disclosure requirements of the federal government shall apply subsidiarily and by analogy until the cantonal implementing legislation enters into force, particularly Articles 76b to 76j of the Federal Act on Political Rights and Article 11 of the Federal Act on the Federal Assembly. The Executive Council shall issue any necessary supplementary implementing provisions without delay.
1. State authority is based on the will of the people. It is exercised by those eligible to vote and the authorities.
1. The canton actively participates in the formation of will at the federal level.
2. It fulfills the tasks assigned to it by the federal government while safeguarding its own interests and those of the municipalities.
3. It cooperates with other cantons and foreign countries.
1. The Canton of Schaffhausen comprises the territory guaranteed to it by the Swiss Confederation.
2. It is divided into municipalities.
1. The law regulates the acquisition and loss of cantonal and municipal citizenship.
1. Each person bears responsibility for themselves.
2. They share responsibility for the community and the environment.
3. They fulfill the duties assigned to them by the constitution and the law.
1. State action must be based on a legal provision, serve the public interest, and be proportionate.
2. Protection against state arbitrariness is guaranteed.
3. State organs and private parties shall act in good faith.
1. The structure of the state and the exercise of state power are based on the principle of the separation of powers.
1. State action must be directed towards an ecological, economic, and social development that considers the needs of both present and future generations.
1. The dignity of the human being is to be respected and protected. It forms the foundation of the entire legal order.
1. All people are equal before the law. No one shall be discriminated against.
2. The canton and municipalities promote the equality of women and men, particularly in family, education, and work. Women and men are entitled to equal pay for work of equal value.
3. The canton and municipalities provide measures to eliminate disadvantages for people with disabilities.
1. Fundamental Freedoms are Guaranteed, Specifically
a) Personal Liberty
b) Protection of Privacy
c) The Right to Marriage and Family or Another Form of Cohabitation
d) Freedom of Religion and Conscience
e) Freedom of Opinion, Information, and the Media
f) Freedom of Education, Teaching, and Research
g) Freedom of Artistic Expression
h) Freedom of Association, Assembly, and Coalition
i) Freedom of Establishment
j) Economic Freedom
2. Property is Guaranteed.
1. Anyone who cannot overcome emergencies on their own has the right to assistance essential for a dignified existence.
1. Children and young people are entitled to protection and care.
1. Children and young people are entitled to an education that corresponds to their abilities.
2. During compulsory schooling, instruction at public schools and schools with a public mandate is free of charge.
1. Persons who have been impaired in their physical, psychological, or sexual integrity as a result of a criminal offense are entitled to assistance and, if they have encountered economic difficulties due to the offense, to adequate compensation.
1. Every person is entitled to have legal disputes assessed by a cantonal court. Excluded are challenges to constitutional provisions and laws, as well as decisions of the Cantonal Council, unless federal law requires judicial protection at the cantonal level.
2. ...
1. Every person has the right to equal and fair treatment in proceedings before judicial and administrative authorities and to have their case adjudicated within a reasonable time.
2. Persons who lack the necessary means are entitled to free legal aid if their legal request does not appear to be without merit. Insofar as it is necessary to safeguard their rights, they are also entitled to free legal assistance.
1. Every person has the right to address petitions to authorities without suffering any disadvantages as a result.
2. The authorities are required to respond to petitions within a reasonable period.
1. Fundamental rights must be upheld throughout the entire legal system.
2. Anyone who performs public duties is bound by fundamental rights and is obligated to contribute to their realization.
1. Limitations on fundamental rights are only permissible if they are based on a legal foundation, justified by a prevailing public interest, and are proportionate.
2. Serious limitations must be provided for in the law itself. Exceptions are cases of serious, immediate, and otherwise unavoidable danger.
1. The canton and municipalities, in addition to personal responsibility and private initiative, ensure that
a) every person benefits from social security
b) every person receives the necessary healthcare for their health
c) families, as communities of adults and children, are protected and supported
d) employable individuals can earn their livelihood through work under reasonable conditions
e) those seeking housing can find adequate accommodation for themselves and their family under affordable conditions
f) children and young people, as well as individuals of working age, can receive education and training according to their abilities
g) children and young people are supported in their development into independent and socially responsible persons and assisted in their social, cultural, and political integration
2. The canton and municipalities ensure that every person is protected against the economic consequences of old age, disability, illness, accident, unemployment, motherhood, orphanhood, and widowhood.
3. They pursue the social objectives within the scope of their constitutional competencies and available resources.
4. No direct claims to state benefits can be derived from the social objectives.
1. Eligible to vote and participate in elections in cantonal and municipal matters are all adult Swiss citizens residing in the canton.
2. The right to vote and participate in elections obliges individuals to take part in referendums and elections.
3. The law governs the exclusion from the right to vote and participate in elections. It regulates the exceptions to the obligation to vote.
1. The Eligible Voters Elect
a) the Cantonal Council
b) the Council of Government
c) the Members of the Council of States and the National Council from Schaffhausen
1. The Cantonal Council is elected using the proportional representation system.
2. The allocation of seats to the political groups is done in accordance with their electoral strength in the canton.
3. The division of electoral districts is undertaken by the Cantonal Council. Seats are distributed among the electoral districts based on the resident population. Each electoral district is allocated at least one seat.
4. For other cantonal elections, the majority voting system applies.
1. 1,000 eligible voters may request the complete renewal of the Cantonal Council or the Executive Council. The law regulates the procedure.
2. If the majority of voters support the recall, a renewal election is conducted.
3. The newly elected authority completes the term of the recalled authority.
1. A popular initiative allows 1,000 eligible voters to request
a) Total or partial revision of the constitution
b) Enactment, amendment, or repeal of a law
c) Termination of or initiation of negotiations for the conclusion or amendment of an international or inter-cantonal treaty, to the extent that it is subject to a popular vote
d) Submission of a cantonal initiative
2. The request can be submitted as a general suggestion or, unless a total revision of the constitution is demanded, as a fully drafted proposal.
1. The Governing Council decides on the establishment of the popular initiative.
2. The Cantonal Council decides on the validity of the popular initiative. It must be declared wholly or partially invalid if it
a) violates superior law
b) is impracticable
c) violates the unity of form or matter
3. In the case of a general suggestion, the Cantonal Council shall make a final decision on the form of enactment in which it will be drafted.
1. The Cantonal Council submits the popular initiative to a public vote with a recommendation for approval or rejection or proposes a counterproposal to it.
2. If the Cantonal Council agrees with an initiative in the form of a general suggestion, it drafts a proposal in accordance with the intent of the initiative.
1. The cantonal council may oppose a counter-proposal to both a drafted proposal and a proposal that it has drawn up based on a general suggestion.
2. The votes on the popular initiative and the counter-proposal take place simultaneously.
3. The eligible voters may approve both proposals and decide which one they prefer if both are adopted.
1. 100 eligible voters have the right to submit a popularly initiated motion to the Cantonal Council, accompanied by a written justification.
2. The Cantonal Council shall treat this motion in the same manner as a motion submitted by one of its members.
1. The electorate shall obligatorily decide on
a) Constitutional amendments
b) International and inter-cantonal treaties that are directly applicable and do not conform with the constitution
c) Laws that are not subject to an optional referendum
d) Popular initiatives
e) Decisions of the Cantonal Council regarding new one-time expenditures exceeding CHF 3,000,000.00 and new recurring annual expenditures exceeding CHF 500,000.00
f) The position of the Canton of Schaffhausen submitted to the Confederation concerning the construction of nuclear power plants, fuel reprocessing facilities, or storage sites for radioactive waste within the territory of the Canton of Schaffhausen and neighboring cantons
g) The position of the Canton of Schaffhausen submitted to the Confederation on the inclusion of new national roads into the national road network
h) Further decisions of the Cantonal Council, if prescribed by law
i) Decisions that the Cantonal Council wishes to submit to a vote on its own initiative
1. Eligible voters may request that the following be subjected to a referendum
a) Laws approved by at least 4/5 of the present members of the Cantonal Council
b) Directly applicable international and inter-cantonal agreements with legislative character
c) The budget in case of a change to the tax rate
d) Resolutions of the Cantonal Council regarding new one-time expenditures exceeding CHF 1,000,000.00 and new annually recurring expenditures exceeding CHF 100,000.00
e) Fundamental resolutions of the Cantonal Council
f) Other resolutions of the Cantonal Council, if prescribed by law
2. The referendum is deemed to have been successful if, within 90 days following the publication of the resolution, 1,000 eligible voters request the referendum. A period of 30 days applies for paragraph 1, letter c.
1. Laws that require immediate enactment may come into force immediately if two-thirds of the members present in the Cantonal Council agree.
2. If a referendum is required or requested, such a law will cease to be in effect one year after its adoption by the Cantonal Council unless it is ratified by the people within this period.
1. The Cantonal Council may resolve that individual parts or variants be submitted to the popular vote instead of or alongside a comprehensive proposal.
2. If a referendum is not initiated against a proposal subject to optional voting, the variants shall lapse.
1. Every person has the right to express their views during consultations on cantonal constitutional and legislative drafts, as well as on other cantonal projects of general significance.
1. Political parties participate in the formation of opinion and will of the eligible voters.
1. Natural and legal persons, including all parties, other political groups, campaign committees, lobbying organizations, and other organizations involved in referendum and election campaigns within the competence of the canton and municipalities, must disclose their finances. The disclosure obligations specifically include
a) The overall budget for the specific election or referendum campaign
b) The names of legal entities that have contributed to the financing, along with the respective amount
c) The names of natural persons who have contributed to the financing, along with the respective amount. Exempt are donors whose contributions do not exceed CHF 3,000.00 per calendar year
1bis
Exempt from the disclosure obligations under para. 1 are
a) Municipal election and referendum campaigns in municipalities with fewer than 3,000 inhabitants;
b) Election and referendum campaigns where less than CHF 3,000 is spent in total.
1ter
The acceptance of anonymous donations is prohibited.
2. All candidates for all public offices at the cantonal level and for executive and legislative positions at the municipal level must disclose their ties of interest upon submitting their candidacy.
2bis
Exempt from the disclosure obligation under para. 2 are candidates for municipal offices in municipalities with fewer than 3,000 inhabitants.
2ter
The scope of para. 1 and para. 2 is extended to the National Council elections.
3. At the beginning of a calendar year, all elected officials in public office pursuant to para. 2 must disclose their ties of interest.
4. The cantonal administration or an independent body shall verify the accuracy of the information pursuant to para. 1, 2, and 3 and produce a public register, accessible on the website/homepage of the Canton of Schaffhausen.
5. Violations by candidates and elected officials, as well as by natural and legal persons, parties, political groups, referendum committees, lobbying organizations, and other organizations against the obligations of para. 1-3 of this constitutional article will be sanctioned with a fine.
5bis
Donations to political parties that have violated disclosure obligations are not tax-deductible.
6. The law regulates the details, taking into particular account the protection of professional secrets.
1. Anyone who performs public duties is bound by the Constitution, the superior law, and the regulations issued based on them.
2. Cantonal enactments that contradict superior law may not be applied by the Cantonal Council, the Government Council, or the judicial authorities.
1. State bodies perform their tasks in a citizen-friendly, effective, and cost-efficient manner.
2. If multiple authorities are simultaneously responsible for a matter, they coordinate their activities and work together.
1. All Swiss citizens eligible to vote in the canton are eligible for election to the Cantonal Council, the Government Council, and the Council of States.
1bis. All adult Swiss citizens are eligible for election to the High Court and the Cantonal Court. They must have their residence in the Canton of Schaffhausen from the commencement of their term of office.
2. The law regulates the eligibility for election of other members of authorities, as well as personnel of the cantonal administration and judicial authorities. It may impose additional requirements for judicial authorities.
1. The members of the Cantonal Council, the Government Council, the judicial authorities, and the municipal authorities are elected for a term of four years. They continue to perform their duties until the new bodies assume office.
1. No one may simultaneously belong to
a) the Cantonal Council, the Executive Council, and a cantonal judicial authority
b) the Executive Council, the National Council, and the Council of States
c) the Executive Council and a municipal authority
2. Members of the cantonal administration may not be members of a judicial authority. Members of the cantonal administration who are directly subordinate to the Executive Council or to one of its members may also not take a seat in the Cantonal Council.
3. The law may establish additional incompatibilities for specific authorities.
1. The same authority may not simultaneously include: married couples, registered partners, cohabiting couples, parents and children, siblings, with the exception of the cantonal council, municipal parliaments, and the constitutional council.
1. Members of authorities are obligated to the Constitution and the law before taking office.
1. Members of authorities as well as officials of administrative and judicial authorities shall recuse themselves from proceedings that directly involve them for the entire duration of the proceedings.
2. In appeal and complaint procedures before administrative authorities, the lower instances may not be entrusted with the conduct of the proceedings.
3. The law may provide for additional grounds for recusal.
1. The law governs the service relationship of the members of the authorities and the employees of the canton.
2. Members of the government council and authorities elected by the cantonal council can be removed from office due to obvious incapacity by two-thirds of the present members of the cantonal council.
1. Legislative acts shall be published and included in a legal compendium.
2. The proceedings of the Cantonal Council and the courts are public. Exceptions are determined by law.
3. The authorities shall inform the public about their activities and grant access to official documents upon request, provided there are no overriding public or private interests to the contrary.
4. The authorities shall ensure the information for future generations by appropriately documenting their activities and archiving their records.
1. The canton, municipalities, and public-law organizations are liable for damages unlawfully caused by their organs in the exercise of official duties.
2. They are also liable under the law for damages lawfully caused by their organs.
3. The law regulates the liability of the members of authorities and employees towards the canton and other public task bearers.
1. Legislative and expenditure powers of the people can be delegated to the Cantonal Council or the Government Council, provided the delegation is limited to a specific area and the law establishes its framework. The direct delegation of powers to other authorities is excluded.
2. Under the same conditions, powers of the Cantonal Council can be delegated to the Government Council.
3. The Cantonal Council can adjust the constitutional expenditure powers of the authorities to changes in monetary value.
4. Judicial powers can be delegated to an administrative authority by law.
1. All important legal principles shall be enacted in the form of law. This includes provisions for which the Constitution explicitly requires a law, as well as the fundamental provisions concerning
a) popular rights
b) restrictions on constitutional rights
c) the rights and obligations of individuals
d) the subject matter and assessment of taxes, as well as the group of taxpayers
e) the tasks and services of the canton
f) the organization and procedure of authorities
1. The law may allow private agreements instead of governmental regulations. It sets forth the necessary objectives.
2. Monitoring and oversight measures may be delegated to private entities. The delegation of decision-making powers and other enforcement tasks requires a legal basis in the law.
3. When private entities perform public tasks, the provisions regarding supervision and legal protection apply accordingly. The contracting body or institution is subsidiarily liable for any damages.
1. The Cantonal Council, consisting of 60 members, exercises the supreme authority subject to popular rights.
2. It is the legislative authority and exercises ultimate supervision over the state organs of the canton.
3. Important administrative decisions may be delegated to it by constitution and law.
1. The Cantonal Council enacts cantonal laws, subject to the rights of the people.
2. It may issue decrees for implementing provisions, insofar as the constitution or the law expressly authorizes it to do so. Decrees are not subject to a referendum.
3. It prepares proposals for referendums.
4. It approves or terminates international and intercantonal treaties, insofar as they do not fall within the exclusive competence of the Government Council.
1. The Cantonal Council addresses the government program, the financial plan, the structural plan concerning activities that impact spatial development, as well as other fundamental plans.
2. Unless the Cantonal Council is granted the right to amend or approve by law, it can express its position on planning through a separate declaration.
1. The Cantonal Council exercises supreme oversight over the Executive Council, the administration, and other public task carriers as well as over the judicial authorities. The law determines the rights to information and powers of investigation necessary for the exercise of supreme oversight.
2. The Cantonal Council reviews and approves the accountability reports of the Executive Council, the High Court, and the Justice Administration Commission.
3. It may provide for an independent review of the effectiveness of cantonal measures.
1. The Cantonal Council resolves on
a) the budget
b) the approval of the cantonal accounts
c) the determination of cantonal taxes and levies within the scope of legal regulations
d) expenditures, insofar as they do not fall under the competence of the Executive Council, subject to Articles 32 and 33
1. The Cantonal Council
a) decides on matters subject to popular vote, except for the request for the recall of the Cantonal Council
b) decides on the initiation of an optional referendum together with other cantons and on the submission of a cantonal initiative at the federal level
c) conducts the elections assigned to it by the constitution and the law
d) decides on amnesty and pardon
e) grants cantonal citizenship, insofar as this has not been assigned by law to another authority
f) handles petitions and complaints directed to it
g) decides on the granting, amendment, renewal, and transfer of important concessions
2. Additional tasks may be assigned to it by law.
1. The Cantonal Council may issue mandates to the Government Council. In cases where the Government Council has the final decision-making authority, a mandate acquires the nature of a guideline.
2. The Cantonal Council may adopt policy decisions within its areas of competence.
1. The members of the Cantonal Council deliberate and vote without instruction.
2. They are free in their parliamentary expressions and can only be held accountable in cases provided for by law. The lifting of parliamentary immunity requires the approval of two-thirds of the council members present.
3. They are entitled to initiate parliamentary motions as provided by law.
4. They possess special rights to information and access as designated by law with respect to the administration and the courts.
5. They can form factions. Contributions may be allocated to these.
1. The government council, consisting of five members, is the highest governing and executive authority of the canton, subject to the powers of the cantonal council.
2. The government council makes its decisions as a collegial body.
### Article 1: Members of the Government Council
Members of the Government Council are prohibited from engaging in any paid private activities. They may only act in business enterprises as representatives of the canton.
1. The Executive Council has the right to submit proposals to the Cantonal Council.
2. Its members generally participate in the meetings of the Cantonal Council with an advisory vote. In doing so, they enjoy parliamentary immunity.
1. The Government Council determines the objectives of state action, subject to the jurisdiction of the Cantonal Council.
2. At the beginning of each term, it prepares a government program and a financial plan. At the end of the term, it provides an account of its actions.
3. It plans and coordinates the activities of the canton.
1. The Executive Council determines the appropriate organization of the cantonal administration within the framework of the constitution and the law.
2. Each member of the Executive Council heads a department.
3. The Executive Council renders an account to the Cantonal Council regarding administrative activities.
1. The Government Council generally conducts the preliminary proceedings of legislation. It submits drafts of constitutional amendments, laws, and decrees to the Cantonal Council.
2. It issues the regulations that the constitution or the law authorize it to enact.
3. In cases of urgent necessity, the Government Council may regulate the provisions required for the implementation of superior law through ordinances. Urgent implementing provisions must be replaced without delay by formal law.
4. The Government Council concludes international and intercantonal treaties, subject to the approval of the Cantonal Council and the rights of the people. Within the exclusive competence of the Government Council are treaties that fall within the scope of its regulatory powers, are of minor importance, or which the law authorizes it to conclude.
1. The Executive Council administers the cantonal assets.
2. It adopts the budget and the cantonal accounts for submission to the Cantonal Council.
3. It decides on
a) new one-time expenditures up to CHF 100,000.00 and new annually recurring expenditures up to CHF 20,000.00
b) transactions concerning real estate of the financial assets up to CHF 1,000,000.00
4. It obtains the necessary loans and bonds.
1. The Government Council
a) represents the canton externally and internally
b) bears the responsibility for maintaining public order and security
c) prepares the business of the Cantonal Council, insofar as the latter does not wish to handle it alone
d) publishes the cantonal decrees
e) ensures the enforcement of federal and cantonal decrees, the resolutions of the Cantonal Council, and legally binding judgments
f) exercises supervision over the municipalities according to the law
g) issues opinions to federal authorities
h) decides on administrative disputes, insofar as the constitution and law provide for it
i) fulfills all further tasks assigned to it by the constitution and the law
1. The government council may, without a legal basis, take measures to address serious disruptions to public order and safety, as well as social emergencies, that have occurred or are immediately threatened.
2. Emergency ordinances must be immediately submitted to the cantonal council for approval; they shall cease to be in force no later than one year after they come into effect.
1. The cantonal administration is divided into departments.
2. The State Chancellery is the executive and coordination office of the Government Council; it ensures the connection to the Cantonal Council.
3. The law may provide that certain tasks of the cantonal administration are carried out at the regional level or by special commissions or independent organizations.
1. The Government Council may delegate its decision-making powers to other bodies when authorized by law. Powers of the departments may be delegated to subordinate offices by regulation without legal authorization.
2. The Government Council's right to issue directives to all administrative bodies is reserved; exceptions include notably the judicial activities of administrative authorities and the prosecution by the public prosecutor's office.
1. The task of the courts and the additional legal authorities under their supervisory control is the independent application of law in the fields of private law, criminal law, and other public law.
2. The legal authorities are independent from other authorities and the litigating parties, and are subject only to the law and legislation.
3. The High Court represents the legal authorities in dealings with the Cantonal Council and the Council of Government.
1. The judicial authorities and their procedures shall be established by law in a clear and simple manner.
2. The law may provide for special judicial instances and the use of specialized judges for specific areas.
3. ...
1. The Cantonal Council elects the members and substitute members of the courts as well as other legal authorities, insofar as the constitution and law provide for this.
2. The remaining members of the legal authorities and their employees are elected by the Higher Court or the Cantonal Court, respectively. The Higher Court may delegate the appointment of employees.
1. The right to free legal counsel and representation before all judicial authorities of the canton is guaranteed.
2. The canton may support private legal advisory services that operate free of charge.
2. Subject to the right of appeal to a court, the law can assign the punishment of infractions by fines to administrative authorities of the canton and municipalities.
3. Law enforcement authorities with primarily non-judicial functions can be placed under the supervision of the government council.
1. The Cantonal Court adjudicates the civil and criminal cases assigned to it by law for first-instance or final proceedings.
1. The Superior Court adjudicates cases assigned to it by law for first-instance treatment and appeals in the fields of civil and criminal law.
2. It decides state and administrative law disputes in accordance with the constitution and legislation, as well as jurisdictional conflicts between administrative and judicial authorities.
3. It is the supervisory authority over all courts of the canton and the other judicial authorities subjected to its supervision by law.
4. Insofar as there is a lack of statutory regulations or legal authorization exists, the Superior Court issues the necessary ordinances for the exercise of judicial activity.
1. The canton aligns itself with the needs and well-being of all when fulfilling its duties.
2. The canton only fulfills a task
a) if the private offerings are insufficient, or
b) if the municipalities cannot fulfill it economically and effectively, or
c) if safeguarding a public interest requires it.
3. Tasks must be regularly reviewed to determine whether they are necessary and financially viable, and whether their fulfillment is economical and effective.
4. The law regulates the division of tasks and the collaboration between the canton and the municipalities.
1. The canton and municipalities ensure public security and protect the law. They maintain public peace.
1. The canton and municipalities ensure the protection of people and the natural environment from harmful or annoying impacts. They ensure the lasting preservation of natural life-sustaining resources and biodiversity.
2. Nature should be burdened as little as possible by governmental and private activities.
3. The canton and municipalities promote the application of environmentally friendly technologies.
4. The costs of environmental protection measures are generally to be borne according to the polluter-pays principle.
1. The canton and the municipalities ensure the orderly settlement of the canton’s territory, the appropriate and economical use of land, and the protection of the landscape.
2. They issue construction, protection, and design regulations for development that is humane and environmentally friendly.
1. The canton and municipalities ensure a safe, appropriate, and environmentally friendly traffic regulation for all participants in traffic.
2. They strive for the most environmentally compatible management of traffic volume possible and promote the switch to environmentally friendly means of transportation.
1. The canton and municipalities ensure the water supply and take measures for an adequate and environmentally friendly energy supply.
2. They promote measures for the economical and efficient consumption of water and energy. They encourage the use of renewable energies.
3. They take measures for the reduction and recycling of waste and for its proper disposal. They ensure the environmentally sound treatment of wastewater.
1. The canton and municipalities, together with public and private institutions, are responsible for preventing, alleviating, or remedying material and personal hardships faced by individuals. They promote precautionary measures, self-help, and personal initiative.
2. They support measures for social integration.
1. The canton and municipalities shall take measures to combat unemployment and mitigate its consequences. They support measures for the reintegration of job seekers.
2. They support young school leavers in integrating into vocational education programs or the workforce.
1. The canton and municipalities protect and promote the health of the population.
2. They support health prevention and health education.
3. They ensure effective medical and nursing care for the population.
4. The law regulates patient rights.
1. Education and upbringing aim to promote the development of individuals into self-responsible personalities, a commitment to social justice, and responsibility for the environment.
1. The canton and municipalities ensure a comprehensive educational offering that is accessible to all residents of the canton and guarantee access to further education schools.
2. The canton grants educational contributions.
1. The canton collaborates with other educational institutions and neighboring foreign countries to coordinate educational pathways, with the aim of promoting their permeability.
2. The canton and municipalities work in partnership with parents in the upbringing and education of their children.
3. The canton and municipalities may cooperate with private educational institutions to supplement their own educational offerings.
1. Canton and Municipalities
a) promote current cultural creation and the preservation of customs
b) preserve and maintain cultural goods, monuments, and protected townscapes
c) facilitate access to cultural life
d) promote cultural relations between different ethnic groups, among the cantons, and with foreign countries
e) support cultural institutions
1. The canton and municipalities support meaningful leisure activities, particularly youth work and sports.
1. The canton and the municipalities create favorable conditions for a strong economy.
1. The canton may operate a bank or participate in one in the interest of the regional economy.
1. The canton holds the sovereign rights according to the law.
2. It may transfer the usage rights to municipalities or private individuals.
1. The canton and municipalities manage their financial budgets economically, efficiently, in accordance with economic conditions, and appropriately to their tasks.
2. The canton ensures comprehensive, coordinated planning of tasks and finances.
3. Before taking on new tasks, it must be explained how they will be financed.
1. The financial budget must be balanced in the medium term. Deficits in the balance sheet must be cleared within five years.
2. If the deficit in the balance sheet of the canton exceeds five percent of the revenues of the current account, the government council and the cantonal council must take measures to ensure the balance of the budget.
1. The canton acquires its resources in particular through
a) the levying of taxes and other charges
b) the revenues from its assets
c) contributions from the Confederation and third parties
d) the issuance of loans and bonds
1. In the structuring of taxes, the principles of generality, legal equality, and the economic capacity of the taxpayers must be observed.
2. Taxes should be assessed in such a way that the overall burden on taxable persons is bearable according to social principles, does not overburden the economic capacity, does not weaken the willingness to earn income and assets, and promotes self-provision.
1. The canton promotes the development of efficient municipalities through financial equalization and aims for a balanced tax burden.
2. The law regulates financial equalization. The canton makes contributions to it.
1. The financial auditing of the canton shall be ensured by an independent authority, which operates on behalf of the Executive Council and the Cantonal Council.
2. The selection of the head of the financial auditing is conducted by the Cantonal Council upon the proposal of the Executive Council.
1. The municipalities are autonomous public law corporations.
2. They perform all public duties for which the federal government or the canton is not responsible.
3. The principles of Articles 38 to 48 apply equally to the organs of the municipalities, insofar as they do not solely pertain to cantonal authorities.
4. The law may establish minimum requirements that the municipalities must adhere to in the performance of their duties.
1. Municipalities establish their organization within the framework of the superior law in a municipal constitution.
2. The municipal constitution becomes legally valid with the approval of the government council.
1. For the merger, division, and reorganization of municipalities, the consent of the affected municipalities and the approval of the cantonal council are required.
2. The canton may promote the voluntary merger of municipalities.
1. Municipalities are empowered, within the framework of the constitution and law, to organize themselves, elect their authorities, fulfill their duties at their own discretion, levy the necessary taxes, and independently manage their public affairs.
1. The canton promotes cooperation between the municipalities. It may participate in such cooperation. It supports the interests of the municipalities beyond the cantonal borders.
2. The municipalities may join together to form associations for the joint fulfillment of tasks or choose other forms of cooperation in accordance with the law.
3. The law determines what must be regulated in the association bylaws. The participation rights of the eligible voters and the authorities of the individual municipalities must be preserved.
4. If a task cannot be fulfilled otherwise, the government council may require two or more municipalities to cooperate.
1. The canton and municipalities may agree to transfer individual administrative tasks to each other for a fee.
2. The canton may manage administrative departments or operations jointly with municipalities and establish joint management and supervisory bodies. The rights of the parliaments and the eligible voters are reserved.
3. In the event of a dispute, the Higher Court shall decide.
1. The Evangelical Reformed Church, the Roman Catholic Church, and the Christian Catholic Church are recognized as public law entities with their own legal personality.
2. The Cantonal Council may publicly recognize other religious communities. The conditions and effects of public recognition are governed mutatis mutandis by Articles 109 to 113.
1. The recognized churches organize themselves independently according to democratic and constitutional principles.
2. They establish an organizational statute, which must be approved by the government council.
1. Membership in a recognized church is governed by its organizational statute.
2. Withdrawal can occur at any time through a written declaration.
1. The recognized churches may organize themselves into parishes with their own legal personality.
2. In their organizational statutes, they regulate the supervision of the parishes and their financial management, as well as the election of their clergy.
1. Recognized churches may levy taxes on their members.
2. Tax liability is determined by cantonal tax legislation and assessment.
3. The law regulates the contributions of the canton to the recognized churches.
1. The recognized churches provide adequate legal protection for their members and the church communities.
2. Decisions of the highest ecclesiastical legal protection authorities can be appealed to the High Court.
1. The constitution may be revised in whole or in part at any time.
2. Unless the constitution provides otherwise, constitutional revisions shall be carried out in accordance with the legislative procedure.
1. With a partial revision, individual or substantively related constitutional provisions can be amended.
1. The eligible voters decide on the initiation of the total revision. They simultaneously decide whether a constitutional council or the cantonal council should prepare the revision.
2. The election and dismissal of the constitutional council are subject to the regulations concerning the election and dismissal of the cantonal council. The provisions regarding incompatibilities and the term of office do not apply. The constitutional council shall establish its own rules of procedure.
3. If the draft constitution is not accepted, the council tasked with the revision shall draft a second proposal. If this is also rejected by the eligible voters, the revision decision lapses.
1. The cantonal constitution shall enter into force on a date determined by the Cantonal Council.
2. On this date, the Constitution of the Canton of Schaffhausen of March 24, 1876, shall be repealed.
1. Provisions in the existing law that contradict this constitution are hereby repealed.
1. Decrees that have been issued by an authority that is no longer competent or through a procedure that is no longer permissible shall provisionally remain in force.
2. The amendment of these decrees shall be governed by this Constitution.
1. If new law is to be enacted or existing law is to be amended according to this constitution, it must be done without delay.
2. The Cantonal Council enacts a legislative program.
1. Members of authorities, as well as members of the cantonal administration and the courts, shall remain in office according to the existing law upon the coming into force of this Constitution until the expiry of the current term.
2. The provisions of this Constitution shall apply to new elections and replacement elections.
1. The previous law is applicable to popular initiatives that were submitted before the entry into force of this Constitution, as well as to referendums that are directed against proposals adopted before this time.
2. Popular initiatives for the partial revision of the previous Constitution, which are submitted up until the adoption of the new Constitution, shall be transformed by the Cantonal Council into proposals for the partial revision of the new Constitution.
1. The constitution must be published in the official gazette and included in the cantonal legislative collection.