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Federal Decree
A federal decree (; , ) is an act that can be adopted by the Swiss Federal Assembly in application of a federal law, insofar as the text does not contain rules of law (art. 163 para. 2), meaning that it can only be a decision on the application of general and abstract norms laid down in the law. The Federal Constitution of 1874 (art. 89 para. 2) introduced the possibility of adopting a federal decree of general application. The difference with an ordinary federal law lies in the " emergency clause" and the limited duration of the decree. The 1999 Federal Constitution confirmed this configuration, even though the form of a federal law may also be used. The difference lies in the facultative referendum (; , , ). In the case of a decree, a referendum is only possible if provided for in the Constitution or by law (art. 141 para. 1 let. c); this is referred to as an administrative referendum. Furthermore, it is not covered by the rule laid down in article 189 of the Constitution conce ...
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Switzerland
Switzerland, officially the Swiss Confederation, is a landlocked country located in west-central Europe. It is bordered by Italy to the south, France to the west, Germany to the north, and Austria and Liechtenstein to the east. Switzerland is geographically divided among the Swiss Plateau, the Swiss Alps, Alps and the Jura Mountains, Jura; the Alps occupy the greater part of the territory, whereas most of the country's Demographics of Switzerland, 9 million people are concentrated on the plateau, which hosts List of cities in Switzerland, its largest cities and economic centres, including Zurich, Geneva, and Lausanne. Switzerland is a federal republic composed of Cantons of Switzerland, 26 cantons, with federal authorities based in Bern. It has four main linguistic and cultural regions: German, French, Italian and Romansh language, Romansh. Although most Swiss are German-speaking, national identity is fairly cohesive, being rooted in a common historical background, shared ...
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Federal Assembly (Switzerland)
The Federal Assembly, also known as the Swiss Parliament, is the federal bicameral parliament of Switzerland. It comprises the 200-seat National Council and the 46-seat Council of States. It meets in Bern in the Federal Palace. The houses have identical powers. Members of both houses represent the cantons, but, whereas seats in the National Council are distributed in proportion to population, each canton has two seats in the Council of States, except the six ' half-cantons', which have one seat each. Both are elected in full once every four years, with the last election being held in 2023. The Federal Assembly possesses the federal government's legislative power, along with the separate constitutional right of citizen's initiative. For a law to pass, it must be passed by both houses. The two houses may come together as a United Federal Assembly in certain circumstances, such as to elect the Federal Council (the head of government and state), the Federal Chancellor ...
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Emergency Clause
An emergency is an urgent, unexpected, and usually dangerous situation that poses an immediate risk to health, life, property, or environment and requires immediate action. Most emergencies require urgent intervention to prevent a worsening of the situation, although in some situations, mitigation may not be possible and agencies may only be able to offer palliative care for the aftermath. While some emergencies are self-evident (such as a natural disaster that threatens many lives), many smaller incidents require that an observer (or affected party) decide whether it qualifies as an emergency. The precise definition of an emergency, the agencies involved and the procedures used, vary by jurisdiction, and this is usually set by the government, whose agencies (emergency services) are responsible for emergency planning and management. Defining an emergency An incident, to be an emergency, conforms to one or more of the following, if it: * Poses an immediate threat to life, he ...
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Optional Referendum
The optional referendum is a referendum which comes from a request by governmental authorities or the public. The best known types of optional referendums is the popular initiative to request a law, and the popular (or abrogative) referendum to repeal a law. The collection of signatures from the public is normally necessary to organize an optional referendum, but some jurisdictions allow government agencies to request for a referendum also. It is a form of direct democracy. The optional referendum is in contrast to a mandatory referendum in that it is a requested referendum, whereas the subject matter of a mandatory referendum is a legally required to be put to a referendum. Types There are a few major types of optional referendums: * Authorities plebiscite: A referendum that is voluntarily placed on the ballot by a governmental authority (usually a legislature) * Initiative referendum: A citizen-led effort to suggest and vote on a proposed law. * Popular referendum ...
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Swiss Federal Constitution
The Federal Constitution of the Swiss Confederation (SR 10; (BV); (Cst.); (Cost.); ) of 18 April 1999 (SR 101) is the third and current federal constitution of Switzerland. It establishes the Swiss Confederation as a federal republic of 26 cantons (states). The document contains a catalogue of individual and popular rights (including the right to call for popular referendums on federal laws and constitutional amendments), delineates the responsibilities of the cantons and the Confederation and establishes the federal authorities of government. The Constitution was adopted by a referendum on 18 April 1999, in which a majority of the people and the cantons voted in favour. It replaced the prior federal constitution of 1874, which it was intended to bring up to date without changing its substance. History Prior to 1798, the Swiss Confederacy was a confederation of independent states, not a federal state; as such it was based on treaties rather than a constitution. T ...
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Federal Supreme Court Of Switzerland
The Federal Supreme Court of Switzerland ( ; ; ; ; sometimes the Swiss Federal Tribunal) is the supreme court of the Swiss Confederation and the head of the Swiss judiciary. The Federal Supreme Court is headquartered in the Federal Courthouse in Lausanne in the canton of Vaud. Two divisions of the Federal Supreme Court, the third and the fourth public law division (until the end of 2022 the first and second social law division and formerly called Federal Insurance Court, as an organizationally independent unit of the Federal Supreme Court), are located in Lucerne. The Federal Assembly elects 40 justices to the Federal Supreme Court. The current president of the court is François Chaix. Functions The Federal Supreme Court is the final arbiter on disputes in the field of civil law (citizens-citizens), the public arena (citizen-state), as well as in disputes between cantons or between cantons and the Confederation. The Supreme Court's decisions in the field of human righ ...
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Federal Act (Switzerland)
In Switzerland, a federal act; ; is a legislative law adopted at the level of the Confederation. By default, its duration of application is unlimited. It takes precedence over cantonal and communal law (derogatory force). Definition The Federal Constitution defines a federal law as follows: The ParlA uses this definition in the same terms."The Federal Assembly shall enact in the form of a federal law all important provisions that lay down rules of law", Art. 22, para. 1, ParlA. Rule of law A "rule of law" exists when an adopted provision (cumulatively): * is of a general nature, i.e. the provision is addressed to an indeterminate number of persons or target subjects; * is abstract in nature, i.e. the provision can be interpreted for any number of situations; * has direct application; * creates an obligation, confers a right or assigns powers. Important provisions Determining the importance of the provision is the product of a political assessment. However, the Federal C ...
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Politics Of Switzerland
The government of Switzerland is a federal state with direct democracy. * The legislative branch is the Federal Assembly. The Federal Assembly has two parts: the National Council, which represents the public, while the Council of States represents the cantons. * The executive branch is the Federal Council, which has seven members who are elected by the Federal Assembly. * The judicial branch is headed by the Federal Supreme Court of Switzerland, whose judges are elected by the Federal Assembly. For any change in the constitution, a referendum is mandatory (mandatory referendum); for any change in a law, a referendum can be requested (optional referendum). In addition, the people may present a constitutional popular initiative to introduce amendments to the federal constitution. The people also assume a role similar to the constitutional court, which does not exist, and thus sovereignty resides with the people, who exercise supreme political power and act as the ...
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