Tuesday, December 12, 2006

POLITICS - A Truly Different Federal Constitution

I ran into the following while reading other blogs. I was mildly surprised.

"Swiss Federal Constitution" from Wikipedia

The Swiss Federal Constitution has a certain peculiarity when compared to other constitutions in the world. It does not provide for any constitutional jurisdiction over any federal laws, that is, laws proclaimed by Parliament may not be struck down by the Federal Court on the grounds of unconstitutionality. This special provision in the Swiss Constitution is a manifestation of how democratic principles are held to outweigh the principles upon which the constitutional state is built. Laws proclaimed by the Federal Assembly are not to be taken out of force by a court not chosen by the people. Lately, however, as a matter of principle, the Federal Court has tended to favor international law over a federal law in cases where the two conflict. The same exclusion of constitutional jurisdiction does not apply to cantonal laws, which may be interpreted or struck down as the Federal Court deems fit.

...the last sentence in the article.....

Owing to constitutional initiatives and counter-proposals, the Swiss Constitution is subject to continual changes.

Humm.... they chose to give up stability in law to a purer democratic point of view. Changing federal law at the whim of the populace. Humm... good or bad?

No comments: