The Swiss Constitution in a comparative context
In: Swiss law in a nutshell series
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In: Swiss law in a nutshell series
In: International journal of legal information: IJLI ; the official journal of the International Association of Law Libraries, Band 30, Heft 2, S. 256-264
ISSN: 2331-4117
The comparative analysis of diverse constitutional orders enables a more sophisticated evaluation of the advantages and disadvantages of different models and solutions. Quite often it also serves practical objectives, providing the impulse for improving our own legal system by carefully adopting institutions and procedures that have proven themselves elsewhere. In the case of the Swiss Constitution, the influence of thoughts and concepts developed during the French Revolution and by the Founding Fathers of the U.S. Constitution is quite obvious. More recently, international influences are most apparent in the field of fundamental rights and freedoms.
In: UNSW Law Research Paper No. 17-75
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Working paper
In: Bulletin of the International Commission of Jurists, S. 31-38
ISSN: 0534-8242
In: in: Sophie Weerts/Colette Rossat-Favre/Christine Guy-Ecabert/Anne Benoît/Alexandre Flückiger (Ed.), Projet imaginaire de révision de la Constitution fédérale en hommage au Prof. Luzius Mader, Basel 2018, p. 193-199.
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In: Jusletter, 9. November 2015
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In 2018, Swiss citizens voted for fostering cycling to be included in the Swiss Constitution. This national vote and a post-vote survey among a representative sample of citizens bring insight into the varying propensity to support cycling among the population. The main explanatory factor is participants' current cycling practices: cyclists were much more likely to vote positively, as they are more aware of the lack of infrastructure. Non-cyclists were more reluctant, perhaps because they do not wish to challenge the dominant system of automobility. The second most important factor is a right–left political gradient. People on the left were more likely to vote positively and to agree with the arguments for the inclusion of cycling in the Constitution (safety, reduction of congestion, environmental and health benefits), while people on the right were more likely to agree with counterarguments (cycling network already excellent, federalism, unfair to foster cycling). Support for the vote did not vary significantly between social classes, ages or residential contexts. Women, who cycle less than men, voted more in favor and were more concerned about safety, which may be interpreted as a latent demand to cycle. A desire to "catch up" was also observed on the regional level: cantons with a low modal share of cycling were characterized by a higher acceptance rate.
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In: Handbook of Transdisciplinary Research, S. 159-169
In: in: Sophie Weerts/Colette Rossat-Favre/Christine Guy-Ecabert/Anne Benoît/Alexandre Flückiger (Ed.), Projet imaginaire de révision de la Constitution fédérale en hommage au Prof. Luzius Mader, Basel 2018, p. 81-82.
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Describes the Swiss confederation & its Constitution. The most distinct attribute of Switzerland is its cultural, linguistic, religious, & geographic diversity. Switzerland is a willensnation forged by its people's commitment to an ongoing renewal of their interconnections; it is this quality that makes the country a model of political integration. This commitment to unified diversity is expressed in the Constitution. Indeed, the Constitution's establishment of governmental institutions & its identification of Swiss democratic operations that permanently foster national integration & a federal polity responsive to its citizens. Tables. K. Coddon
In: 1874-2033 ; The Broker, 16-19. (2009)
In 2008, the Swiss parliament increased the aid budget, but many NGOs say it's not enough. Swiss development assistance has always been focused on poverty reduction. Most of the country's aid funding is directed to the poorest people and countries, as specified in the constitution. One of Switzerland's foreign policy objectives is to 'alleviate need and poverty in the world'. Other objectives include furthering the peaceful coexistence of nations, promoting respect for human rights, democracy and the rule of the law, as well as promoting Swiss economic interests abroad. Other subjects include debt relief and diplomacy.
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In: American political science review, Band 24, Heft 2, S. 426-439
ISSN: 1537-5943
It is difficult to compare popular participation in Swiss elections with that of any other democratic country in Europe. The smallness of the country, the rugged nature of the land, the diversity of languages, the strength of the traditions of local self-government, the variety of political institutions, and the multiplicity of elections make Switzerland a unique place for political experiments. The composition of the Swiss electorate is very similar to that of the French. Every Swiss male citizen, twenty-one years of age or over, is allowed to vote, unless excluded by the laws of the canton in which he resides. However, the duties of the French and Swiss electors are far from being alike. In France the electors vote every four years for the deputies, while in Switzerland there are elections on federal questions every year, to say nothing of the cantonal and municipal elections. The elections to the lower house of the Swiss national legislature, the National Council, are held every three years. These elections do not have the same importance as English or French legislative elections, because the Swiss constitution limits the powers of the national legislators. Furthermore, the Swiss plural executive system detracts from the dramatic quality of the National Council elections. The executive is not responsible to the lower house as in countries having the parliamentary form of government. Making allowance for the fact that some of the cantons have compulsory voting, one might expect to find a lower record for participation in elections to the Swiss National Council than in elections to the French Chamber of Deputies, the latter body having undivided national power and, in addition, control over the executive.
Temeljna je tvrdnja rada da glavni uzroci neuspjeha europskog ustava proizlaze iz loše pripreme i provedbe jednog kompleksnog procesa ustavotvorstva za savez država kontinentalnih razmjera. Taj proces uključuje pitanja vremenskog aspekta ustavotvorstva, subjekta donošenja ustava, ustavnog teksta, strategije ustavne ratifi kacije te samih ustavotvoritelja. Krucijalni uzroci za neuspjeh europskog Ustava bit će izloženi u vidu određenih preliminarnih postavki. Pritom će one biti razmotrene u svjetlu određenih komparativnih iskustava ustavotvorstva u dva federalna sustava – američkom i švicarskom. Prvenstvene greške europskog ustavotvorstva ogledaju se u nedostajućem ustavnom trenutku, neodređenosti dokumenta glede njegova ustavnog ili ugovornog karaktera, u stvaranju ustavnog teksta potpuno neprimjerenog razumijevanju običnog građanina, u stvaranju ustava bez vizije i ambicije, u potpunoj odsutnosti bilo kakve strategije ustavne ratifi kacije, u inzistiranju na neposrednom sudjelovanju naroda u prihvaćanju ustava, koji je mišljen pravno i politički prvenstveno kao međunarodni ugovor te u loše vođenoj medijskoj prezentaciji i obrani ustava pred europskom javnošću. Najvažnije greške, koje su presudno utjecale na neuspjeh ustava, su ambivalentan pristup europskih ustavotvoritelja prema načinu ratifikacije ustava te njihovo neuvažavanje iskustva ustavotvorstva drugih federalnih saveza. ; The basic argument of the article is that the main causes of failure of the European Constitution stem from an inadequate preparation and implementation of a complex procedure of constitution-making for a federation of countries on a continental scale. This process includes the issues of temporal aspects of constitutionmaking, the subject of constitution-making, the text of the constitution, the strategy of constitutional ratifi cation and the constitution-makers themselves. The principal causes of failure of the European Constitution will be presented in the form of certain preliminary assumptions, which will then be examined in the ...
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In: Publius: the journal of federalism, Band 32, Heft 2, S. 97-124
ISSN: 0048-5950
By analysing original sources and evaluating conceptual frameworks, this book discusses the idea proclaimed in the Preamble to the Constitution that Australia is a federal commonwealth. Taking careful account of the influence which the American, Canadian and Swiss Constitutions had upon the framers of the Australian Constitution, the author shows how the framers wrestled with the problem of integrating federal ideas with inherited British traditions and their own experiences of parliamentary government. In so doing, the book explains how the Constitution came into being in the context of the groundswell of federal ideas then sweeping the English-speaking world. In advancing an original argument about the relationship between the formation of the Constitution, the representative institutions, configurations of power and amending formulas contained therein, light is shed on the terms and structure of the Constitution and a range of problems associated with its interpretation and practical operation are addressed