1 Foundations and Organization, Public Levies » 10 Cantonal Constitution, Wappen (KV)

Canton of Schwyz

1 The Canton of Schwyz is a sovereign canton of the Swiss Confederation.

2 It is a liberal, democratic, and social constitutional state.

3 State power is vested in the people and is exercised according to the principle of the separation of powers.

Human at the Center

1 State activity serves the common good.

2 The state respects the dignity, personality, and self-responsibility of the human being.

3 It acts close to the people and ensures simple procedures.

Rule of Law

1 The foundation of state activity is the law.

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

3 The state and private individuals act in good faith.

Self-Responsibility and Co-Responsibility

1 Every person bears responsibility for themselves and co-responsibility for

society and the state.

2 The state supports the initiative of individuals and organizations for

the promotion of the common good, associational life, and voluntary work.

Subsidiarity

1 The State performs activities of public interest to the extent that private entities cannot adequately fulfill them.

2 The Canton assumes those activities that exceed the capacities of the districts and municipalities or require uniform regulation.

Democratic Participation

The state promotes political engagement by individuals and parties, as well as democratic debate.

### Attention and Respect

The various population and age groups, religious, ideological, and cultural communities, as well as authorities and private individuals, encounter each other with attention and respect.

Innovation and Sustainability

1 State and society open themselves to the future through continuous renewal.

2 They advocate for sustainable solutions in all areas and avoid decisions that burden future generations.

Collaboration and Cohesion

1 The Canton collaborates with the Confederation, with other Cantons, the districts and

municipalities, as well as with private entities.

2 The Canton, districts and municipalities shall ensure the cohesion of all parts of the

Canton.

II. Fundamental Rights

The Canton guarantees the fundamental rights enshrined in the Federal Constitution and international law binding on Switzerland.

III. Orientation of State Activity

A. Principles

Planning and Management

1 The state continuously reviews, plans, and manages its activities.

2 In doing so, it takes into account the following guiding principles for individual state activities. These do not establish claims to state services.

Outsourcing and Transfer of State Activities

1 The State may outsource activities or transfer them to private entities by law.

2 Outsourced areas and commissioned private entities are subject to the supervision and legal protection of the public body that has outsourced or transferred the state activity.

**B. Specific State Activities**

Safety and Public Order

1 The State guarantees the safety of the population and public order.

2 It promotes the peaceful resolution of conflicts.

## Coexistence

1 The State promotes the coexistence of different population and age groups.

2 It supports newly arrived residents in their integration efforts.

Family

1 The State promotes the family as a community of adults and children.

2 It creates favorable conditions for the care of children within and outside the family.

Education

The state ensures a diverse range of high-quality provisions that allow every

person to receive school and vocational education and to develop their abilities.

Culture

The State shall preserve and promote culture in its diversity.

Economy and Labour

1 The State shall create favourable framework conditions for the economy, which enable businesses and gainfully employed persons to assert themselves in competition.

2 It shall promote the compatibility of gainful employment and family life.

Social Security

1 In supplementation to personal responsibility and private initiative, the State

shall ensure the social security of the population.

2 It strives to integrate socially and economically those persons in need of

special assistance.

Housing

The State creates favorable framework conditions to ensure that sufficient housing is available.

Health

1 The State shall advocate for a healthcare system that is sufficient and afford-

able for everyone.

2 It shall take measures for broad-based health prevention.

Environment

1 The State shall protect the environment from harmful and undesirable influ-

ences.

2 It shall promote the economical use of natural resources.

3 It shall take care of cultivated land and valuable landscapes.

Water and Energy

1 The State shall ensure a secure, economical and environmentally sound water

and energy supply.

2 It shall promote efficient use.

Traffic

1 The State shall develop its territory with needs-based infrastructures for public and private transport.

2 In doing so, it shall take into account more vulnerable road users.

IV. Popular Rights

A. Prerequisites

### Citizenship Rights

The law governs the acquisition and loss of cantonal and communal citizenship.

Voting and Election Rights

1 Swiss citizens resident in the canton who have reached the age of 18 and are eligible to vote and be elected in federal matters are entitled to vote and be elected.

2 Any person entitled to vote and be elected may participate in elections and referendums at the cantonal, district, and municipal levels, and sign initiatives and referendums.

3 Swiss citizens living abroad who are eligible to vote and be elected in federal matters are also eligible in cantonal matters.

**B. Popular Elections**

The electorate elects

a) the members of the Cantonal Council;

b) the members of the Government Council;

c) the Schwyz members of the National Council and the Council of States;

d) the members of the district and municipal parliaments;

e) the members of the district and municipal councils;

f) the members of the district courts;

g) the members of other authorities subject to popular election.

C. Initiative in Cantonal Affairs

Subject Matter

2,000 eligible voters may, at any time, demand by initiative

a) the total or partial revision of the Cantonal Constitution;

b) the enactment, amendment, or repeal of a law;

c) the commencement of negotiations for the conclusion or amendment of an international or intercantonal agreement of constitutional or statutory rank, or the termination of such an agreement.

Form

1 An initiative may be submitted as a general suggestion or as a developed draft.

2 For an initiative aiming at a total revision of the Cantonal Constitution, only the form of a general suggestion is admissible.

3 If it cannot be determined from a general suggestion in which legal form it is to be implemented, the Cantonal Council shall decide thereon.

Coming into Being and Validity

1 The Government Council determines whether an initiative has come into being.

2 The Cantonal Council examines the validity of an initiative.

3 An initiative is valid if it

a) preserves the unity of form and matter;

b) does not violate superordinate law;

c) is not manifestly impracticable.

Treatment

1 The Cantonal Council decides on the acceptance or rejection of an initiative.

2 If the Cantonal Council approves an initiative, the drafted proposal or the decision adopted by the Cantonal Council based on a general suggestion shall be submitted to the obligatory or optional referendum.

3 If the Cantonal Council rejects an initiative, the people shall decide on it.

Counter-proposal

1 The Cantonal Council may oppose a drafted bill or its decision with a counter-proposal.

2 The electorate shall decide on both proposals simultaneously.

3 They may approve both proposals and indicate which one they prefer, should both be adopted.

Deadlines

1 The Cantonal Council decides on the adoption or rejection of an initiative within 18 months.

2 The law provides for further deadlines.

**D. Referendum in Cantonal Matters**

Obligatory Referendum

1 The following shall be obligatorily submitted to a popular vote

a) total and partial revisions of the Cantonal Constitution;

b) international and intercantonal agreements of constitutional rank;

c) initiatives rejected by the Cantonal Council;

d) initiatives and proposals against which a counter-proposal is made;

e) changes to the cantonal territory, with the exception of border adjustments.

2 If the Cantonal Council approves in the final vote with less than three quarters

of the members participating in the vote, the following shall also be submitted to a popular vote

a) the enactment, amendment, and repeal of laws;

b) international and intercantonal agreements of statutory rank;

c) expenditure decisions concerning new single expenditures exceeding

5 million Swiss francs and new annually recurring expenditures exceeding

500,000 Swiss francs.

### Optional Referendum

1 Upon the request of 1,000 eligible voters, the following, which are not subject to the mandatory referendum, shall be submitted to a popular vote

a) Laws as well as international and intercantonal agreements;

b) Expenditure resolutions of the Cantonal Council concerning new one-time expenditures exceeding 5 million Swiss francs and new annually recurring expenditures exceeding 500,000 Swiss francs.

2 The deadline for submitting the request is 60 days from the official publication of the resolution.

E. Popular Rights in Communal Matters

Exercise

Political rights in the district and municipality are exercised at the place of residence.

### Right of Initiative

1. Eligible voters may, individually or collectively, submit an initiative to the District Council or the Municipal Council.

2. This initiative must relate to the enactment, amendment, or repeal of a legal instrument or an administrative act that falls within the competence of the District Assembly or the Municipal Assembly.

3. The initiative must be submitted in writing, either in the form of a general suggestion or as a fully elaborated draft.

Volksrechte in Bezirken und Gemeinden mit Parlament

Popular Rights in Districts and Municipalities with Parliaments

In districts and municipalities with parliaments, the law regulates the exercise of the right of initiative and referendum.

F. Volksrechte in Zweckverbänden

F. Popular Rights in Special-Purpose Associations

1 Special-purpose associations must be organized democratically and provide for a right of initiative and referendum.

2 The electorate decides on membership in a special-purpose association.

G. Consultations

1 Every person has the right to comment on cantonal constitutional and legislative drafts within the framework of consultations.

2 The districts, municipalities, political parties, and interested circles will be invited to comment.

V. Authorities

A. Principles

Eligibility

1. Eligible for election to cantonal and communal authorities, as well as to the Council of States, is any person who is entitled to vote and stand for election in cantonal matters.

2. The law may provide for additional eligibility requirements and exceptions.

Incompatibility and Recusal

1 Members of the Cantonal Council, the Government Council, and the cantonal courts may only belong to one of these authorities.

2 The law regulates further incompatibilities and recusal.

Term of Office

1 The members of the Cantonal Council, the Government Council, the Cantonal Courts, and the Council of States are elected for a term of four years.

2 The election of the Cantonal Council and the election of the Government Council take place simultaneously.

Official Language

The official language is German.

Public Access and Information

1 The proceedings of the Cantonal Council and the courts are public. Exceptions are determined by law.

2 The authorities inform the public about their activities, unless overriding public or private interests dictate otherwise.

3 The Canton, districts, and municipalities ensure easy access to their administration and adhere to the principle of public access.

Disclosure Obligations

1 All parties and political groups, campaign committees, lobbying organizations and other organizations that participate in popular votes and elections falling within the competence of the canton, districts, and municipalities must disclose their finances. The disclosure obligations include, in particular

a) the sources of funding and the total budget for the relevant election or popular vote campaign;

b) the names of legal entities that have contributed to the funding, specifying the respective amount, provided that the total amount exceeds CHF 1000 per calendar year;

c) the names of natural persons who have contributed to the funding, specifying the respective amount. Exempt are donors whose contribution does not exceed a total of CHF 5000 per calendar year.

2 All candidates for all public offices at cantonal and district level, as well as for executive and legislative bodies at municipal level, shall disclose their interests when registering their candidature.

3 At the beginning of each calendar year, all elected office holders in public offices according to para. 2 shall disclose their interests.

4 The canton or an independent body shall verify the accuracy of the information according to paras. 1 to 3 and establish a public register.

5 Violations by candidates and elected office holders, as well as by parties, political groups, popular vote committees, lobbying organizations, and other organizations against the obligations in paras. 1 to 3 of this provision shall be sanctioned with a fine.

6 The law shall regulate the details.

State Liability

1 Cantons, districts and municipalities as well as other public-law corporations

and institutions are liable for damage unlawfully caused by their organs or em-

ployees in the exercise of their official duties.

2 The law regulates the liability of private persons entrusted with state activities

and the prerequisites for liability for lawfully caused damage.

B. Cantonal Council

Position and Composition

1 The Cantonal Council is the legislative and supreme supervisory authority of the Canton.

2 It consists of 100 members.

Election

1 The Cantonal Council is elected by secret ballot in the municipalities.

2 Each municipality forms an electoral district. The seats are distributed among the municipalities in proportion to their resident population, whereby each municipality is entitled to at least one seat.

3 The Cantonal Council is elected according to the proportional representation system (Proporz). The law may provide for minimum quorums.

Legislation

1 Subject to the rights of the people, the Cantonal Council decides on

a) Total and partial revisions of the Cantonal Constitution;

b) The enactment, amendment, and repeal of laws;

c) The approval or termination of international and intercantonal agreements of constitutional and statutory rank.

2 It enacts ordinances to the extent that it is authorized to do so by the Constitution or by law.

Law

In the form of a law, all important legal provisions are enacted, particularly those that

a) establish rights and obligations for natural and legal persons;

or

b) define the fundamental principles of the organization of the Canton, districts, or municipalities.

Delegation

1 The enactment of less important legal norms may be delegated by law.

2 The subject matter, purpose, and extent of the authorization granted must be determined in the statute.

Planning

The Cantonal Council participates in the activity and financial planning as well as in the

preparation of the legislative program.

Finances

1 The Cantonal Council adopts the budget and the tax rate and approves the

accounts.

2 It decides on new expenditures, subject to the rights of the people.

3 It makes final decisions on new one-time expenditures up to 5 million Swiss

francs and new annually recurring expenditures up to 500,000 Swiss francs.

Elections

1 The Cantonal Council elects

a) the Council President, the Vice President, and the tellers for a term of one year;

b) from among the members of the Government Council, the Landammann and the Deputy Landammann for a term of two years;

c) the President and the other members of the cantonal courts to be elected by the Cantonal Council;

d) the Chief Public Prosecutor;

e) the State Clerk.

2 It conducts the other elections assigned to it by the legal system.

Supervision and Other Business

1 The Cantonal Council exercises supreme supervision over the government, the administration, and the conduct of business of the cantonal courts.

2 The Cantonal Council

a) decides on the initiation of a cantonal referendum or the submission of a cantonal initiative at the federal level;

b) exercises the right to pardon;

c) resolves conflicts of competence between the supreme authorities;

d) fulfills other tasks assigned to it by the legal order.

**C. Government Council and Administration**

Position and Election

1 The Government Council is the supreme executive and administrative authority of the canton.

2 It consists of seven members.

3 It is elected by the majority election system (Majorz).

Principle of Collegiality

The Cantonal Council makes and represents its decisions as a collegial body.

Government Activity

The Government Council

a) defines the essential objectives and means of state activity;

b) draws up an activity and financial plan, as well as a legislative pro-

gram;

c) coordinates state activities;

d) generally prepares the business of the Cantonal Council;

e) manages and supervises the cantonal administration;

f) represents the canton domestically and internationally;

g) fulfills other tasks assigned to it.

Regulations and Agreements

1 The Government Council issues regulations to the extent that it is empowered to do so by law.

2 It concludes and terminates international and intercantonal agreements, to the extent that the Cantonal Council is not responsible.

3 It issues the implementing ordinances.

Jurisprudence

The Government Council decides on election appeals and administrative legal disputes in accordance with the law.

Supervision

The Cantonal Government exercises supervisory authority over the districts and municipalities as well as the public-law corporations.

Emergency Powers

1 The Government Council may issue ordinances or take measures without a legal basis to address existing or imminent serious disturbances of public order and safety, as well as social emergencies.

2 Emergency ordinances must be submitted without delay to the Cantonal Council for approval. They lapse after one year if they are not transformed into ordinary law.

Cantonal Administration

1. The cantonal administration

a) applies the law;

b) prepares the business of the Government Council;

c) performs other tasks assigned to it by the Government Council.

2. It operates according to recognized principles of good administrative practice.

D. Administration of Justice

## Principles

1. The courts administer justice independently, impartially, and reliably.

2. They ensure swift and cost-effective proceedings.

3. They strive for the amicable resolution of disputes.

Jurisdiction in Civil and Criminal Matters

1 The Cantonal Court is the highest judicial authority of the Canton in civil

and criminal matters.

2 Jurisdiction at first instance is exercised by District Courts.

Administrative Justice

1 The Administrative Court is the highest judicial authority of the Canton in

administrative matters.

2 For orders issued in administrative proceedings, the law guarantees at least

one review by an independent appellate body.

### Judicial Supervision

1. The Cantonal Court and the Administrative Court exercise supervision over the judicial authorities subordinate to them.

2. Supervision is limited to the conduct of business and judicial administration.

### Exceptions

The law may provide for further judicial authorities or other competencies for special cases.

### VI. Corporations

**A.** Districts and Municipalities

General

1 The Canton is divided into districts and municipalities.

2 The districts and municipalities are autonomous public corporations

and are autonomous within the framework of superior law.

3 The law determines their territory and their name.

Districts

1 Districts comprise the territory of individual or several municipalities.

2 They perform the state activities assigned to them by cantonal law.

3 For the formation of circuits for the courts of first instance, districts may be divided or combined.

### Municipalities

1. Municipalities exercise the state activities that cantonal law assigns to them.

2. They are responsible for local matters that are not assigned to any other body.

Organization

1 Districts and municipalities are democratically organized.

2 They may introduce parliaments.

Cooperation

1. Districts and municipalities cooperate with each other, with the Canton, and with municipalities of neighboring Cantons in the exercise of state activities.

2. They may unite to form special purpose associations for the exercise of specific activities, operate a joint institution, or agree that one district or municipality shall perform certain activities for all parties involved.

3. Districts and municipalities may be obligated by law to cooperate if important public interests so require and an activity can only be effectively fulfilled in this manner.

Bestand and Territorial Changes

1 Bestand and territorial changes of the districts and municipalities take place through

legislation.

2 Each municipality can demand a legislative amendment to change its Bestand or

its territory.

3 The legislative amendment only comes into effect if every affected municipality

consents.

B. Corporations

1. Corporations are independent public law bodies of the canton.

2. Their existence and self-governance within the framework of the legal order remain guaranteed.

3. They ensure the preservation of the value of their assets and manage and utilize them independently.

VII. Finances

Procurement of Funds

Cantons, districts, and municipalities procure their funds in particular

a) through the collection of taxes and other imposts;

b) from the proceeds of their assets;

c) from contributions by the Confederation and third parties;

d) through the taking up of loans and borrowings.

Principles of Taxation

1 The Canton, districts, and municipalities levy the taxes necessary for carrying

out their activities.

2 In shaping their taxes, they observe the principle of legality, the principles of

universality and equality of taxation, and economic capacity.

3 Taxes shall be assessed in such a way that the willingness to perform and

competitiveness are maintained, and private provision is promoted.

Financial Management

1 The financial management of the Canton, districts, and municipalities must be conducted lawfully, economically, efficiently, and with a long-term balanced outlook.

2 The budget and accounts shall adhere to the principles of transparency, comparability, and public accessibility.

Activity and Financial Planning

1 The Canton, districts, and municipalities shall draw up financial plans and link them with activity planning.

2 Expenditures shall be continuously reviewed for necessity, appropriateness, and sustainability.

Financial Control

Financial accounts are audited by independent bodies.

Financial Equalization

1 The Canton ensures financial equalization.

2 It thereby strives for balanced relations concerning the tax burden and the

services of the districts and municipalities.

**VIII. State and Churches**

Churches and Monasteries

1 The state respects the right to self-determination of the Roman Catholic and

the Evangelical Reformed Church as well as of other religious communities.

2 Religious communities are subject to private law, unless public-law church

bodies exist for them.

3 The status and existence of existing monasteries and religious orders remain

guaranteed.

State Church Law Corporations

1. For the benefit of the Roman Catholic Church and the Evangelical Reformed Church, there are Cantonal Churches and Parishes as independent corporations under public law.

2. The eligible voting members of each Cantonal Church shall issue an organizational statute. The statutes shall be approved by the Cantonal Council if they do not contradict federal law and cantonal law.

3. The Cantonal Churches are subject to the supreme supervision of the Canton.

Membership

1 Every person with domicile in the Canton belongs to the public law religious

bodies of their denomination, provided they fulfill the conditions stated

in the respective organizational statutes.

2 Withdrawal can be declared in writing to the competent church parish at any time.

Duties and Responsibilities

1 Public law corporations for church affairs support the churches in the fulfill-

ment of their duties. They may undertake further duties within the framework

of their legal orders.

2 They organize themselves according to democratic principles and regulate voting

and electoral rights.

3 They manage their assets and income according to the state principles

of sound financial management.

Cantonal Churches

1 Cantonal churches may levy uniform contributions from their church parishes to fulfill their activities.

2 They ensure financial equalization among the church parishes.

Church Parishes

1 In church parishes, at a minimum, the election of bodies, the enactment

of important legal provisions, the determination of the budget with the tax rate,

and the approval of the accounts are incumbent upon the voters.

2 For the fulfillment of ecclesiastical activities, church parishes may levy taxes.

3 Tax liability and collection are governed by state tax legislation.

Legal Protection

1 The cantonal churches shall provide legal protection for their members and the

parishes.

2 Final decisions of the cantonal church authorities may be appealed to the Administrative

Court in accordance with cantonal law.

3 The Administrative Court shall exercise judicial review.

IX. Amendment of the Cantonal Constitution

1 The cantonal constitution can be amended in whole or in part at any time.

2 A partial revision can encompass a single provision or several provisions that are

substantively related.

X. Final Provisions

Continued Validity and Adaptation of Existing Law

1. The decrees and ordinances adopted under the previous constitution remain in force. The new constitution applies to their amendment.

2. If new law must be enacted or existing law changed under the new constitution, this must occur without delay.

3. The provisions of the previous constitution concerning districts and municipalities remain in effect until the enactment of new statutory provisions, provided they do not contradict the new constitution.

Political Rights

If the Cantonal Council adopts decisions before the new Constitution comes into force which are subject to a referendum, the previous Constitution applies to such referendum.

Entry into Force

1 The Cantonal Council determines the date of entry into force. 5

2 The Constitution shall be published in the Official Gazette and, after its entry into

force, shall be included in the Collection of Laws.

3 With the entry into force, the Constitution of the Federal Canton of Schwyz

of 23 October 1898 is repealed.

1 Official Collection 22-136 with amendments of 17 December 2014 (Official Collection 24-27) and of 25 October 2017

(Transparency Initiative, Official Collection 25-22).

2 Adopted in the popular vote of 15 May 2011 with 18,706 Yes votes against 12,588 No votes

(Official Gazette 2011 994). Guaranteed by the Federal Assembly with decisions of 14 March 2013 (Federal Gazette 2013

2621) and of 3 March 2016 (Federal Gazette 2016 2301).

Amendments of 17 December 2014 adopted in the popular vote of 8 March 2015

with 18,608 Yes votes against 16,142 No votes (Official Gazette 2015 629).

Amendments of 25 October 2017 adopted in the popular vote of 4 March 2018 with

27,702 Yes votes against 27,397 No votes (Official Gazette 2018 565).

3 Guaranteed by the Federal Assembly with decision of 22 March 2019 (Federal Gazette 2019 2861).

4 Para. 3 guaranteed by the Federal Assembly with decision of 3 March 2016 (Federal Gazette 2016

2301).

5 Entered into force on 1 January 2013 (Official Gazette 2012 2962); amendments of 17 December 2014

on 8 March 2015 (decision number II published in Official Gazette 2014 2821) and of 25 October 2017

on 4 March 2018 (Official Gazette 2018 565) entered into force.