Switzerland: the Federal Assembly and the federal judiciary

1. The Federal Assembly: composition

Under Article 148 of the Constitution, the Federal Assembly is the supreme authority of the Confederation, subject to the rights of the people and the cantons. It has two chambers.

Each chamber elects its own President for one year; the presidency is not renewable for the following year. A member cannot belong to both chambers or to the Federal Council or federal courts.

2. Sessions and joint sittings

The chambers meet in four ordinary sessions of about three weeks each a year, so Swiss legislators are part-time “militia” politicians who keep other occupations. They deliberate separately. They sit together as the United Federal Assembly, presided over by the President of the National Council, for:

• elections of the Federal Council, the President and Vice-President of the Confederation, the Federal Chancellor and the judges of the Federal Supreme Court;
• election of the General (commander-in-chief) in time of war or emergency;
• deciding conflicts of jurisdiction between the highest federal authorities, and pardons.

3. Powers and functions

1. Legislative. Enacts federal laws, which take effect unless 50,000 citizens or eight cantons demand a referendum.
2. Constituent. Proposes amendments to the Constitution, which must then be approved by the people and the cantons; also drafts a counter-proposal to a popular initiative.
3. Financial. Adopts the budget and approves the accounts.
4. Electoral. Elects the executive, the judges and the Chancellor in joint session.
5. Supervisory. Oversees the Federal Council, the administration and the federal courts; but it cannot remove councillors during their term.
6. Foreign affairs. Approves international treaties, some of which go to referendum; takes part in shaping foreign policy.
7. Federal guarantee. Guarantees cantonal constitutions and may order federal intervention.

4. Uniqueness of the Swiss legislature

• Perfect equality of the chambers. Every bill must pass both in the same text. There is no money-bill exception, no lower House that can override. Differences are resolved by shuttling the bill between chambers and, if needed, a conciliation conference.
• Fixed term. The Assembly cannot be dissolved by the executive and cannot dismiss it.
• Limited by the people. Its laws can be vetoed by referendum and its agenda forced by initiative; it is sovereign subject to the people.
• Part-time membership keeps it close to ordinary life.
• Its laws are final in court. No judicial review of federal statutes.

Assessment. In law the Assembly is supreme over the Federal Council. In practice the Council drafts most legislation and the Assembly tends to follow, while the people have the last word. Its strength lies in shaping laws through committees and compromise rather than in confrontation with the executive.

5. The federal judiciary: the Federal Supreme Court

Seat and composition. The Federal Supreme Court (Bundesgericht, Tribunal fédéral) sits at Lausanne, with its social law divisions at Lucerne. It has between 35 and 45 full-time judges, assisted by part-time judges, organised in divisions by subject.

Selection and tenure. Judges are elected by the United Federal Assembly for a term of six years and may be re-elected; in practice they nearly always are. Party strength in the Assembly is taken into account, and language balance is observed. Any citizen eligible to vote may be elected; there is no formal requirement of legal qualification, though judges are in fact lawyers.

Powers and functions.

1. Final court of appeal in civil, criminal, administrative and social insurance matters, ensuring uniform application of federal law across the cantons.
2. Hears complaints of violation of constitutional rights by cantonal authorities.
3. Decides disputes between the Confederation and cantons, and between cantons.
4. Reviews cantonal laws for conformity with the Federal Constitution and federal law, and may set them aside.
5. Hears appeals in matters of political rights (federal votes and elections).

The limit: Article 190. Federal acts and international law are binding on the Federal Supreme Court and the other authorities applying the law. The Court may point out that a federal law conflicts with the Constitution, but it must still apply it. The reasoning is democratic: federal laws are subject to the people’s referendum, so the people, not judges, are the guardians of the Constitution.

6. Other federal courts

• Federal Criminal Court at Bellinzona (2004): first-instance trial of offences within federal jurisdiction, such as terrorism and organised crime.
• Federal Administrative Court at St. Gallen (2007): appeals against decisions of federal administrative authorities.
• Federal Patent Court at St. Gallen (2012).
• Appeals from these lie, in most matters, to the Federal Supreme Court.
• The bulk of judicial work is done by cantonal courts, which apply both federal and cantonal law; procedure has been unified by the federal codes of civil and criminal procedure (2011).

How this is examined

For the Swiss parliament (February 2025), give the table, joint sittings, the numbered powers and the uniqueness, then assess its position against the Federal Council and the people. For the Swiss judiciary (January 2026, Q.3), give seat, composition, selection and tenure, jurisdiction, Article 190, and the other federal courts. Both can be compressed into short notes; keep the table and the Article 190 point.