Switzerland: development, unique features, cantons and the plural executive (Federal Council)

1. Development

1. 1291. The three forest cantons of Uri, Schwyz and Unterwalden form a perpetual league for mutual defence. 1 August is the national day.
2. To 1798. A loose confederation grows to thirteen cantons, with a Diet of ambassadors and no central government.
3. 1798–1803. Napoleon imposes the unitary Helvetic Republic, which fails; the Act of Mediation (1803) restores the cantons.
4. 1815. The Federal Pact; the Congress of Vienna recognises Swiss perpetual neutrality.
5. 1847. The brief Sonderbund war, in which seven Catholic conservative cantons that had formed a separate league are defeated.
6. 1848. The first Federal Constitution turns the confederation into a federal state, borrowing bicameralism from the United States.
7. 1874. Total revision; introduction of the optional referendum. The popular initiative for partial revision follows in 1891.
8. 1999. A new, consolidated Federal Constitution, approved by referendum on 18 April 1999, in force from 1 January 2000.

The official name remains the Swiss Confederation (Confoederatio Helvetica), though Switzerland has been a federation since 1848.

2. Unique features of the Swiss Constitution

1. Written and rigid. Amendment requires a vote of the people and the cantons.
2. Federal, with strong cantons. 26 cantons; residuary powers lie with the cantons.
3. Direct democracy. Referendum, initiative and the Landsgemeinde make the Swiss the most frequent voters in the world (see the separate note).
4. Plural executive. A seven-member Federal Council instead of a single head.
5. Neither parliamentary nor presidential. The executive is chosen by the legislature but is not responsible to it.
6. Equal bicameralism. The two chambers of the Federal Assembly have identical powers.
7. No judicial review of federal laws. The Federal Supreme Court must apply federal statutes (Article 190).
8. Multilingual and multi-religious. Four national languages: German, French, Italian and Romansh.
9. Permanent neutrality, with a militia army based on universal male service.
10. Consensus (concordance) government: the main parties share executive office.
11. Republicanism and a written list of fundamental rights.

3. The cantons and their role

Article 3 of the Constitution states that the cantons are sovereign except as limited by the Federal Constitution, and exercise all rights not vested in the Confederation. There are 26 cantons, six of which (Obwalden, Nidwalden, Basel-Stadt, Basel-Landschaft, Appenzell Ausserrhoden and Appenzell Innerrhoden) were formerly called half-cantons and still send one member each to the Council of States. The newest canton is Jura, created in 1979 after a referendum.

• Each canton has its own constitution, legislature, executive and courts.
• Cantons control education, police, health, religion and church relations, and much taxation.
• Federal law is largely administered by the cantons (executive federalism), so the federal bureaucracy is small.
• Cantons take part in federal decisions: equal representation in the Council of States, the double majority for constitutional amendments, the cantonal referendum (eight cantons may demand one) and cantonal initiatives.
• Cantons are laboratories of direct democracy; two still hold open-air assemblies.

4. The Federal Council: composition and selection

• Seven members, elected individually by the United Federal Assembly (both chambers in joint session).
• Tenure: four years, after each general election to the National Council. Members are usually re-elected as long as they wish to serve.
• Any Swiss citizen eligible for the National Council may be elected. The old rule that no two members may come from the same canton was dropped in 1999; the Constitution now asks that the regions and language communities be fairly represented.
• A member elected from the Assembly must give up his seat.
• The “magic formula”: from 1959 to 2003 the seats were shared 2:2:2:1 among the Free Democrats, Christian Democrats, Social Democrats and the Swiss People’s Party. The proportions have since shifted, but the principle of broad party sharing continues.

5. Functions of the Federal Council

1. Executive. Supreme governing and executive authority (Article 174); conducts administration through seven departments, each headed by a councillor.
2. Legislative. Drafts most bills and the budget, issues ordinances, and members speak (without voting) in both chambers.
3. Foreign affairs and security. Conducts foreign relations and maintains internal and external security.
4. Federal supervision. Oversees the cantons’ execution of federal law.
5. Quasi-judicial. Formerly decided certain administrative appeals; most of this now lies with the federal courts.

6. Uniqueness of the plural executive

• Collegial. Decisions are taken by the Council as a body, by majority if necessary, and all members defend them publicly.
• Not responsible to the Assembly. It cannot be removed by a vote of no confidence during its four-year term, and it cannot dissolve the Assembly.
• Does not resign on defeat. If the Assembly or the people reject a proposal, the Council accepts the decision and carries on.
• Non-partisan in office. Councillors of different parties work together; there is no government and opposition in the British sense.
• Stable. Councillors commonly serve for many years.
• Subordinate in theory, strong in practice. The Assembly is the supreme authority in law, but the Council’s expertise and continuity give it real leadership.

7. The President of the Confederation

• Elected by the United Federal Assembly from among the seven councillors for one year; not eligible for re-election as President for the following year. A Vice-President is elected the same way and usually succeeds.
• The office rotates by seniority among the councillors.
• The President chairs the Federal Council, has a casting vote, performs ceremonial functions and represents the country, while continuing to head a department.
• He is only primus inter pares; there is no personal executive power. Switzerland thus has no head of state in the usual sense: the Federal Council as a body is the head.

How this is examined

The plural executive (Federal Council) is the reliable short note. For 6 or 8 marks give composition and election, tenure, three or four features of uniqueness and the President of the Confederation. A full essay may ask for the salient features of the Swiss Constitution, or for the composition and functions of the Federal Council; use section 2 for the first and sections 4 to 7 for the second. Cantons may come as a short note on Swiss federalism.