Swiss Constitution of 1848 – Wikipedia

The Swiss Constitution of 1848 It was the Constitution issued in the Swiss Confederation after the Soundbund war.

A new democratic government system is established with it, with a federalist and representative mold based on the establishment of the United States and on the principle of separation of powers, but with some unique peculiarities developed by the Swiss political tradition.

Executive power (art. 83-92) [ change | Modifica Wikitesto ]

From an executive point of view, a new organ was created, the Federal Council, based on a directorial form of power management, still existing today only in the Confederation.

Legislative power (art. 60-82) [ change | Modifica Wikitesto ]

From a legislative point of view, a new parliament was created, the federal assembly, which became (and is still today) the “supreme authority of the Confederation”; It was (and is still) composed of two chambers: the National Council, the Lower Chamber, representative of the people, and the Council of States, the High Chamber, successor of the Federal Diet and representative of the cantons.

The decisions of Parliament had to (and still have to be approved by both advice, which are equipped with the same powers.

Judicial power (art. 94-107) [ change | Modifica Wikitesto ]

From a judicial point of view, a supreme organ was created for this purpose, whose competence was (and is still) almost always of last instance (except for some cases defined by the Constitution), the Federal Court. It was made up of 11 judges, elected for a three -year period by the Federal Assembly.

Federal prerogative (art. 3-5-6-16) [ change | Modifica Wikitesto ]

Hierarchically speaking, very relevant is how the Constitution reserved for the federal state the power, however explicit, to alter and indirectly regulate the cantonal powers if the circumstances required it, all of Swiss peculiarity absent in many constitutions of federal nations. Another peculiarity also absent is the obligation, for the cantons, to receive the federal assent on their constitutions.

Revision of the Constitution (art. 111-114) [ change | Modifica Wikitesto ]

Like any modern constitution, finally, the latter also provided, in its own system, the possibility of being overhauled, both entirely and partially.

However, being a rigid constitution, a ” aggravated procedure “, Which involves the federal parliament (in its two chambers), the cantons and the population, whose vote was worth as a cantonal vote.

Once the procedure has started, in fact, if the latter was approved by both rooms, the same were re -election, which had to approve it again, but, if the former had not agreed, or fifty thousand (50,000) Swiss Had they collected signatures, a confirmatory referendum would have been held. In this case, a reform was successful if he obtained the majority of the people and cantons.

The Swiss Constitution was born on liberal ideas and to give it vigor was the victory of the liberal and progressive cantons on the Catholic and conservative ones.

The popular votes, which took place on September 12, ensured the majority (relative) for the yes as 40% vote in favor of the Constitution, 15% against, but 45% of the population abstain.

This constitution was a fundamental step in the history of Switzerland because it transformed a confederation into a federal state, thus making the relationship between cantons no longer contractual, but institutional.

The Constitution was also the starting point for the industrial development of Switzerland as it unified the units of measurement, eliminated the customs barriers between the cantons, recognized many freedoms, including freedom of domicile, press, belief, of a just It is rapid process, representation and citizenship, and promoted higher education.