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Art. 3 Costituzione federale della Confederazione Svizzera (Cost.) - Federalismo
Cost.; Titolo primo: Disposizioni generali
Art. 3 Cost. · Federalismo
I Cantoni sono sovrani per quanto la loro sovranità non sia limitata dalla Costituzione federale ed esercitano tutti i diritti non delegati alla Confederazione.
Decisioni giudiziarie che applicano questa disposizione (81)
BGE 151 I 137 (Art. 3 BV)
Automated license plate surveillance for criminal prosecution exceeds canton legislative competence and fails proportionality under informational self-determination.
Basis for holding that the canton lacked legislative competence in criminal prosecution matters, leading to the annulment of § 4quinquies PolG/LU.
D-4584/2022 (Art. 3 BV)
Federal Administrative Court Upholds Deportation Order Amidst Questionable Asylum Claims
Guarantees human dignity and prohibits torture or inhuman or degrading treatment or punishment.
D-6348/2024 (Art. 3 BV)
Deportation Order Upheld for Asylum Applicant Lacking Proof of Persecution
Constitutional basis for the prohibition of torture and inhuman or degrading treatment.
E-9088/2025 (Art. 3 BV)
Asylum Claim Rejection Upheld Despite Past Persecution Allegations
Cited regarding the prohibition of torture and inhuman or degrading treatment or punishment.
E-4545/2025 (Art. 3 BV)
Asylum Claim Denied: Restrictions and Private Disputes Insufficient for Persecution Finding
This article was examined in conjunction with Article 8 EMRK concerning the protection of family life.
E-2875/2022 (Art. 3 Cst.)
Asylum Claim Rejected Due to Inconsistent Accounts and Lack of Credibility
Cited in relation to the right to be heard, specifically that it does not confer an automatic right to an oral hearing.
FI.2024.0031 · vd (art. 3 Cst.)
Taxpayer Appeal: Parking Fees and Remote Work Deduction Disallowed
Cited in the reasoning regarding cantonal fiscal sovereignty, but not in the final orders.
E-6250/2023 (Art. 3 BV)
North Macedonia Family Removal Upheld Despite Child's Medical Needs
Cited as part of the general constitutional provisions regarding the admissibility of expulsion.
D-3403/2024 (Art. 3 BV)
Asylum Appeals Dismissed: Georgia Nationals Deportation Upheld
Cited in relation to the prohibition of torture and inhuman or degrading treatment.
BV.2023.15 (Art. 3 Cst.)
Customs Declarations Admissible Despite Self-Incrimination Claim
Cited in relation to fundamental rights that must be respected by the criminal prosecution authority.
D-3836/2022 (Art. 3 BV)
Asylum Claims Rejected: Insufficient Evidence of Persecution in Ghana
This provision prohibits torture and other cruel, inhuman, or degrading treatment or punishment.
VB.2022.00047 · zh (Art. 3 BV)
School Ventilation Unit Retroactive Permission Denial Appeal
This article (from the legal norms list) relates to the principle of legality, foundational to the administrative action being reviewed.
A-5104/2021 (Art. 3 Cst.)
Dual National's Military Service Obligation: Convention Requirements Not Met
Cited in the context of the principle 'ignorance of the law is no excuse'.
C-7017/2015 (Art. 3 Cst.)
Hospital challenges cantonal healthcare provider list as unlawful
Cited to establish that healthcare provision is a cantonal responsibility.
601 2021 40 · fr (art. 3 Cst.)
Linguistic Territoriality vs. Parental Choice in School Placement
Cited to affirm the Cantons' primary competence to legislate on languages in general.