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Switzerland is not only one of the oldest democracies in the world, but also an enduring model of peaceful multiethnic policy, characterized by a Constitution that is constant flux. The new Federal Constitution of the Swiss Confederation took effect on January 1, 2000; and it is with the intention of staying abreast of the constitutional changes and of the case law of the Federal Court that the authors have prepared the current volume. A general introduction of the constitutional history and the foundations of the Swiss political system are followed by the following issues: Sources of Swiss Constitutional Law; Organisational Design of the Swiss Confederation; Federalism in General and the Position of the Cantons and the Municipalities in the Swiss Confederation; Citizenship, Fundamental Rights and Liberties and their Judicial Protection, Protection of Minorities, Judicial Control of Administrative Action; Treaty and Foreign Affairs Powers, Taxing and Spending Powers, the Relationship between the State and the Church. Thomas Fleiner is Professor of constitutional and administrative law and Director of the Institute for Federalism at the University of Fribourg, Switzerland; Alexander Misic, lic.iur., LL.M.; Nicole Toepperwien, Dr. iur., LL.M.
Switzerland is not only one of the oldest democracies in the world, but also an enduring model of a peaceful multiethnic polity, characterized by a Constitution which is in constant flux. The new Federal Constitution of the Swiss Confederation took effect on 1 January 2000, and it is with the intention of staying abreast of the constitutional changes and of the case law of the Federal Court that the authors have prepared the current volume.
Swiss citizens approve of their government and the way democracy is practiced; they trust the authorities and are satisfied with the range of services Swiss governments provide. This is quite unusual when compared to other countries. This open access book provides insight into the organization and the functioning of the Swiss state. It claims that, beyond politics, institutions and public administration, there are other factors which make a country successful. The authors argue that Switzerland is an interesting case, from a theoretical, scientific and a more practice-oriented perspective. While confronted with the same challenges as other countries, Switzerland offers different solutions, some of which work astonishingly well.
The Swiss Constitution features a number of characteristics which often attract the attention of observers from abroad: the direct influence of Swiss citizens on political decision-making by means of popular initiatives and referendums; a uniquely "bottom-up" federal structure reflecting the country's cultural and linguistic diversity; a system of government which vests supreme executive power in a multi-party collegiate body; and, finally, a very special model of constitutional justice. Since publication of the first edition of this book in 2009, Swiss constitutional law has undergone significant developments necessitating, in addition to complete revision, the inclusion of a new chapter discussing the tensions that can arise between the increased use of popular initiatives on the one hand and fundamental rights and international law on the other. This book is addressed to lawyers, political scientists, politicians, diplomats, journalists and all those who need basic and precise knowledge on how Switzerland is governed. The author gives a concise presentation of the special characteristics of the Swiss constitutional order, whilst the reader's understanding is enhanced by numerous comparisons with other well-known constitutions. Rapid access to the information sought is facilitated by the detailed subject index. (Series: Swiss Law in a Nutshell) [Subject: Swiss Law, Constitutional Law, Politics]
As the first legal history of Switzerland in English, this seminal work presents the legal development in the territory of today's Switzerland. Until 1798, the Swiss Confederation consisted of a conglomerate of around 50 local authorities with different constitutional statuses. The number of legislative jurisdictions was even greater; each territory, however small, had its own legal system before 1798. In the 19th century, legal unity was initially created within the framework of cantonal law and, since 1848, at the national level. Key developments of the 20th century were equality between men and women, social legislation and the influence of technological development. The focus of the book is on constitutional history, legal sources and legislation, court proceedings and jurisprudence. It also presents the political, economic and social backgrounds of legal developments
The UN's Sustainable Development Goals saw the global community agree to end hunger and malnutrition in all its forms by 2030. However, the number of chronically undernourished people is increasing continuously. Ongoing climate change and the action needed to adapt to it are very likely to aggravate this situation by limiting agricultural land and water resources and changing environmental conditions for food production. Climate change and the actions it requires raise questions of justice, especially regarding food security. These key concerns of ethics and justice for food security due to climate change challenges are the focus of this book, which brings together work by scholars from a wide range of disciplines and a multitude of perspectives. These experts discuss the challenges to food security posed by mitigation, geoengineering, and adaptation measures that tackle the impacts of climate change. Others address the consequences of a changing climate for agriculture and food production and how the Covid-19 pandemic has affected food security and animal welfare.
Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.
Following on from the first volume, this unique book is the only collection of native analyses of the status of legislation in 30 European jurisdictions plus the EU. Each chapter, written by a national authority in the legislative field, presents and critically assesses: - the national constitutional environment and its connection with EU law; - the nature and types of legislation; - the legislative process; - the drafting process; - jurisprudence conventions; - the training of drafters. The book opens with a comparative chapter on the these six themes, and concludes with an analysis of trends and best practices in Europe. Legislation in Europe is a necessary addition to law and policy libraries, law-making institutions and agencies, and an invaluable tool for constitutional and drafting academics and practitioners.
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
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