Dr, KaushikMitra
Head, Department of Political Science, Lucknow Christian Degree College, Lucknow.
Constitution Of Switzerland Continued.....
Constitution of Switzerland
MAIN HIGHLIGHTS OF THE CONSTITUTION OF SWITZERLAND
MAIN HIGHLIGHTS OF THE CONSTITUTION OF
SWITZERLAND PART - III
10.
Amalgamation of Parliamentary and Presidential Forms:
The Swiss system of
government is a unique system which encompasses the features of parliamentary
as well as presidential systems. There is a close relationship between the Swiss Federal Parliament and the Swiss Executive. The members of the Executive
(Federal Government) participate in the deliberations of the legislature.
The members of Federal
Government (Ministers of Federal Government) are responsible before the Federal
Parliament for their work and activities. These two are parliamentary features.
The Swiss Executive - the Federal Government
enjoys a fixed tenure and it cannot be voted out of power by the Federal
Parliament.
It is constituted by
all the political parties and it is a Plural Executive. It cannot dissolve
the Federal Parliament. These are indeed presidential features. As such, the
Swiss system is parliamentary as well as presidential in its organisation and
working.
11.
Plural/Collegial Executive:
A unique feature of the
Swiss constitution is that is provides for a Collegial/Plural Executive. All the executive powers of the
federation are exercised by a Seven - Member
Federal Government. All the seven members collectively exercise power. Article 177(1) declares “The Federal Government shall take it decisions as a
collective body.”
Every year one of its
seven members of the collegium is elected as the President and another as the
Vice-president.
Next year the
Vice-president becomes the President and a new member is elected as the
Vice-president. This process continues and each member gets a chance to be the
President and Vice-president. The President performs all the functions of the
head of the state for one year.
The members of the
Federal Government do not resign whenever the Federal Parliament rejects any
measure or policy sponsored by it. There is no such thing as collective
responsibility before the Federal Parliament. Thus, the Federal Government of
Switzerland is a Unique Plural Executive.
12.
Bicameral Legislature:
Swiss Federal
Parliaments is a bicameral body. Its two houses are:
Ø The
House of Representatives and
Ø The
Senate.
The former is the lower, popular, national house which
represents the people of Switzerland and the latter is the upper house which represents the Cantons and their sovereign
equality. Each full Canton has two and each half Canton has one seat in the
Senate.
The House of
Representatives has tenure of 4 years
whereas the tenures of the members of the Senate depend upon the Cantons which
they represent. In fact the members of the upper house are not elected
simultaneously.
The Federal Parliament enjoys legislative, executive, financial and
judicial powers which are jointly exercised by both the Houses. Both the
Houses have equal powers in all spheres. In the words of C.F. Strong, “The Swiss legislature like the
Swiss executive, is unique. It is the only legislature in the world, the powers
of whose upper house are in no way different from those of the lower house.”
13.
Lack of Independent and Powerful Judiciary:
The Swiss Federal Court is the only federal
court and in a way, it has the status of being the Supreme Court of Switzerland. However, it enjoys a secondary
position in the constitutional system. The
judges of the Federal Court are elected by the Federal Parliament for a period
of six years, though the convention of re-electing the judges ensures a
long tenure for the Judges.
The
Judges are responsible before the Federal Parliament.
The Federal Court has been given the responsibility to apply laws voted by the
Federal Parliament. It has no power to reject federal laws. It submits an
annual report of its working to the Federal Parliament. Thus, Swiss judiciary
occupies a back seat in the constitutional system.
14.
No Judicial Review over Federal Laws:
The Swiss Federal Court
has been given the power of judicial review only in respect of the laws made by
the Cantonal legislatures. The laws passed by the Federal Parliament are not
subject to its power of judicial review. The provision for referendum as the
means of popular review over the laws made by the Federal Parliament has been
the main reason behind the denial of this power to the Federal Court.
However, for protecting
the sanctity of the Federal Constitution, it has been given the power to review
the constitutions and laws of the Cantons and declare all such measures as
Ultra vires, which it finds to be in conflict with the Swiss Constitution.
In other words, the
Swiss Federal Court has no power to determine the constitutional validity of
federal laws. The right to interpret the Swiss constitution belongs to the
Federal Parliament.
15.
Conventions of the Swiss Constitution:
The history of the
evolution of the Swiss constitutional system since 1848 has produced several
constitutional conventions which have been regulating the behaviour of almost
all the political institutions of Switzerland. In the Federal Government, when
the President completes his term of one year, the Vice-president becomes the
President and a new Vice-president is elected. This practice is repeated every
year.
The Vice-chairmen of
the two Houses of the Federal Parliament become chairman in the next year. Constitutionally,
both the House of Representatives and the Senate have equal powers, but by a
convention, the former exercises more powers than the latter. Each judge of the Federal Court has a
tenure of six years but by a convention, he is repeatedly elected
unopposed.
The members of the
Federal Government are also repeatedly elected so long as they continue to
serve well. By another convention, the Cantons speaking the three main
languages are always given a seat each in the Federal Government. Further, the
Cantons of Berne, Geneva and Vaud are always given a berth in the
Federal Government.
16.
Dual Citizenship:
The system of double
citizenship prevails in Switzerland. The Constitution states that every citizen
of a Canton shall be a citizen of Switzerland. This entitles a person to enjoy
the citizenship of his Canton as well as that of the Swiss Federation.
TO BE CONTINUED...............
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