131.212
KV
CH
CH
Art. 8 Costituzione del Cantone di Berna, (CostC)
CostC; 1 Principi generali; Doveri
Art. 8 CostC
Ognuno è tenuto ad adempiere i doveri che gli incombono in virtù della Costituzione e della legislazione su di essa fondata.
Oltre ad essere responsabile di se stesso, ognuno è responsabile verso gli altri e corresponsabile nel far sì che il diritto all’autodeterminazione sia preservato anche per le generazioni future.
Decisioni giudiziarie che applicano questa disposizione (14)
VVGE.1989.90.Nr.9 · ow (Art. 8 Abs. 1 KV)
Religious Education Lessons and Student Masses Mandate
This constitutional provision guarantees religious education as a school subject at all levels, reinforcing its status.
WBE.2023.9 · ag (§ 8 Abs. 1 KV)
Property Owner v. Cantonal Government: Bus Stop Accessibility Project Upheld
Constitutional provision on state interventions, requiring a legal basis, public interest, and proportionality.
WBE.2023.9 · ag (§ 8 Abs. 1 KV)
Property Owner v. Cantonal Government: Bus Stop Accessibility Project Upheld
Reiterates the requirement for a legal basis, public interest, and proportionality for state actions impacting private rights.
WBE.2022.262 · ag (§ 8 Abs. 1 KV)
Road Widening Project Upheld Against Parking Loss Challenge
Cited as a legal basis for proportionality of interference with property rights.
VD.2022.126 · bs (§ 5 Abs. 1, § 8 Abs. 1 und § 10 der Kantonsverfassung des Kantons Basel-Stadt (KV))
Cultural Enterprise v. Insurer Regarding COVID-19 Business Interruption Compensation
Cited as cantonal constitutional provisions allegedly violated by the improper retroactive application of the maximum cap.
VD.2020.20 · bs (§ 8 KV)
Gymnasium Teachers' Salary Classification Appeal Dismissed
Cited in the reasoning regarding the main ground of the appeal (right to equal pay for equal work), although the appeal was ultimately rejected on the merits.
51/1999/23 · sh (Art. 8 Abs. 4 KV)
Statute of Limitations Bars Declaration of Innocence; Detention Compensation Upheld
The provision establishing the right to a declaration of innocence, which the court ruled was not met due to the prescription of the offence.
51/1999/23 · sh (Art. 8 Abs. 5 KV)
Statute of Limitations Bars Declaration of Innocence; Detention Compensation Upheld
Basis for the right to compensation for unjust deprivation of liberty, applied in the assessment of damages.
VD.2016.153 · bs (§ 8 Abs. 1 KV)
Claw Machine Plush Toys and Cantonal Gaming Law Validity
Cited in the reasoning concerning the principle of legal equality as a selection criterion for the re-evaluation.
VD.2016.140 · bs (§ 8 Abs. 1 KV)
Statutory Interpretation and Equal Treatment in Social Benefit Repayment Waiver
Used as a cantonal constitutional foundation to justify the analogous application of § 19 Abs. 2 SHG based on the principle of legal equality.
VD.2016.145 · bs (§ 8 Abs. 1 KV)
Tax Remission for Unseizable Income Under Financial Hardship
Mentioned in connection with the principle of equal treatment, which supported finding a situation warranting tax remission based on administrative practice.
OGVE.2016.17.42.htm · ow (Art. 8 Abs. 4 KV)
Municipal Ordinance's Delegation of Power to Personnel Committee Violated Legality Principle
The court found that the delegation of power to define the tasks and powers of a committee in a duty roster violated the principle of legality because the organization of authorities is considered essential and must be regulated in formal law.
B.2012.231 · sg (Art. 8 Abs. 2 KV)
Student v. University Regarding Retroactive Examination Accommodations
Cited in reasoning concerning the appellant's claim that the decision violated the principle of proportionality.
B.2012.231 · sg (Art. 8 Abs. 2 KV)
Student v. University: Retroactive Disability Accommodations for Exams
Cited in the reasoning regarding proportionality, which was confirmed as not violated in Order 1.