Federal And Cantonal Cases example essay topic

Swiss Government Switzerland, or the Swiss Confederation, is a small country in the center of Western Europe, surrounded by Italy, France, Germany and Austria and is said to be born in 1291. The population is nearing 7.5 million people of which they are primarily German, French and Italian. The economy, which once used to be dependent on agriculture and crafts, is now dependent on foreign labor because of association with international politics and trade and because of the great industrialization. Their government has gone through many transitions and changes over the years but all has lead up to what Switzerland is today. Although many view Switzerland as a land of neutrality, there are many important aspects of their government that has shaped the world, and what their government is today. It was not until the late 18th century that Switzerland lived under a unified government but if one was to ignore everything that happened before that period, then they would not understand the distinctive characteristics in the present day government.

In the 16th century, Switzerland was the focus of the Protestant Reformation, and the cantons split along religious lines. One of the greatest political and religious leaders of the Reformation was John Calvin. His success lay in his extraordinary ability to combine extreme political convictions with his administrative talent. Calvin made much of Switzerland a power of Protestant strength. Both civil and secular laws were dominated by Calvin's' teachings. His religious base was Geneva, but his ideas spread rapidly to Scotland, the Netherlands, and even to southern France.

During the French Revolution, Switzerland united thirteen cantons to settle internal disagreements by means of arbitration. These cantons formed a small form of the League of Nations, and "there was no form of representative government, nor anything resembling a federal service, nor a federal army, nor a federal budget, nor a cantonal citizenship" (Rappard 16). The weakness of this type of government they contained was shown in 1798 when the French invaded. They were compelled to accept a constitution that was drafted by the French which stated that the country remain equal among all areas of the country as well as equality among each class of their citizens.

As the French withdrew their military, Switzerland found it hard to maintain that type of government and in 1803, an "Act of Mediation" was drafted. In this act, they systematized the principles and laws of the country. This act was then modified in 1814 after the fall of Napoleon, and a new federal constitution was drafted as the Pact of 1815, which of course was another step backward. The citizens desired the governments to relinquish their powers and their cantons were soon turned into liberal democracies. In 1847, a brief civil war broke out which lead to the constitution of 1848, which was created by 23 men. After meeting 31 times the constitution was drafted and composed of 104 articles.

It was in this constitution where the single legislative body was dropped and the bicameral system, or the Federal Assembly, was adopted. One of the houses would represent the cantons and the other would represent the people. The Federal Assembly was organized into the National Council and the Council of States, of which were made up of seven members each from different cantons. The members were elected by the executive of the Federal Assembly, of whose position is one comparable to the president of the United States but with far less authority. This executive position was to change every year and the member received no more power over negotiations than any of the other members of the council. Along with the Federal Assembly that was created by the constitution, the Federal Tribunal was also updated from the previous standing it had.

It consisted of eleven members and eleven alternates that retained their position for three years at a time. The judges, as well as the eleven members, were chosen by the Federal Assembly and received no salary, but only a small compensation per case tried. Much of the Constitution of 1848 is still in effect today with a few provisions that happened along the years. In 1874, some provisions were made with the main objectives defined as "national centralization, extended democracy, reinforced anticlericalism, and state intervention in the social and economic fields" (Rappard 25). Much of the revisions had to do with military matters as well as a development of commercial, civil and criminal law. Out of all these revisions in the constitution comes the present government of Switzerland.

The set up of the present day Switzerland government is set up differently than the one here in the United States but is quite comparable. Switzerland is a decentralized federal republic composed of twenty-six cantons, which can be compared to the states in our country, and six half cantons. In many cantons, the executive is called the Council of State, of which there are two representatives to each canton and one representative to each of the six half cantons. Each canton and half canton has their own Constitution drafted, own government, own courts and laws, but they all must obey the rules of a federally set standard. Like the states, the cantons have their own educational systems and police forces. These cantons are then in turn are then divided into communes.

Officially, there are over 3,000 communes in the country. It is explained "a person cannot be a Swiss citizen without being a citizen of a canton and a person cannot be a cantonal citizen without being a citizen of a commune" (Coddin 47). Thus, the citizens first responsibility goes to the commune they are living in and then to the canton, that they are associated with. A citizen can be a member of many communes but their original or home commune is the one that is responsible for the citizen and their family.

Regardless of where born, children are automatically citizens of the father's home commune and when a woman marries, her citizenship becomes the one of her husbands origin. Like the cantons, the communes have their own authorities but in many issues, they will fulfill the decisions of the canton or even the federal constitution. Their responsibilities do however include those of the educational and health systems, along with the security and transportation affairs. They register the births, marriages and deaths that occur in their own communes, and collect all federal, cantonal, or local taxes. At least once a year, the communes hold meetings where the citizens vote on significant issues, but in the bigger communes, an elected committee decides on these issues. Legislative power is the responsibility of the dual-chamber Federal Assembly of which meets four times a year to discuss issues.

One chamber consists of 200 representatives chosen by the electorate for four-year terms. The other, which has 46 representatives, is elected directly by the cantons. Each sends two representatives, but the mode of their election and the terms of their service depend on the laws of the Constitutions of the individual cantons. Executive power is in the hands of the Federal Council, which is also chosen by the assembly. The council consists of seven members elected for four-year terms, and they act as a cabinet. One of the members of the council is chosen as president or executive, but serves for only one year, therefore making the presidents powers extremely limited.

This legislature approves the annual budget, and plays an essential part in Swiss foreign policy. The Federal Assembly is also responsible for the lawmaking procedures. The bills are introduced to the. ".. National Council and the Council of States, to each member of the two houses, to each canton and half-canton, and to the Federal Council" (Coddin 82). The Federal Council is then responsible for taking those proposed bills and introducing them to the Swiss federal legislature.

Neither house has priority over the bill and when the bill is submitted, the presidents of each council discuss the bill section by section. If the presidents of the councils cannot come to an agreement on any bill then it is decided by the casting of lots. If, after many deliberations, the councils still cannot come to an agreement, than the bill is considered rejected by both parties. If the bill is approved, the Federal Chancellery creates an official bill and it is signed by the presidents and secretaries of each council. The Federal Tribunal is the highest court in Switzerland. This is the only high court that the country has along with the cantonal courts which tries cases of both federal and cantonal law.

Today there are twenty-six judges and twelve alternates and they serve six-year terms. They are usually reelected, as their eligibility never terminates. If a citizen is a member of the Federal Assembly, the Federal Council, and the federal employees, then they are not eligible to serve on the Federal Tribunal. There are no qualifications one must possess to become part of the judiciary system but most if not all that are appointed are involved in the legal professions.

In addition, the judges are now paid a salary of 53,000 francs a year and the alternates are paid per case they are called to serve on. Since the Federal Tribunal is the highest court in Switzerland, in holds the highest jurisdiction in court cases involving civil law, along with matters concerning debts and bankruptcy. It is also the highest court of appeals in cases involving matters of criminal law. Cantonal courts try most of the federal and cantonal cases and leave only the highest of appeals to the Federal Tribunal court system.

There are three levels of court systems just as there are here in the United States; the justices of peace, the district courts, and the superior cantonal court. The justice of peace tries to make amends in the cases first by arbitration but if that fails then it is taken to court. The district courts have five to seven judges and try more serious cases than the justice of peace. The superior cantonal court tries cases of serious crimes and has the power to give a criminal an even longer sentence.

Cantonal judges are elected by the citizens of that canton and depending on the constitution for each, canton, the term and re-election policies are determined. Although Switzerland remains neutral in many aspects of their government and throughout most of their history have, they do remain to have modest foreign policies. They dislike having to be involved with wars and military conflicts, which creates a sort of peace amongst its citizens. The foreign policy guidelines are listed in the Federal constitution and state, "Switzerland contributes toward the alleviation of need and poverty in the world, respecting human rights and promoting democracy, the peaceful coexistence of nations, and the preservation of natural resources" ("Embassy"). Through their foreign policy, Switzerland has kept international humanitarian law a priority and prides itself on fostering peace. Switzerland has been a member of the United Nations, whose headquarters is located in Switzerland, since 2002, and is involved with other organizations such as the World Bank, the International Monetary Fund, the World Trade Organization, the OECD, the OSCE, and the Partnership for Peace, but refuses to become a part of NATO.

Financially, Switzerland is a chief global partner and has always supported free trade, being one of the first countries to do so. As neutral as the country may be, they do have military force if circumstances call for it. The Swiss army has always been based on a militia system, not be confused with a reservist army. Under the militia system, every able-bodied male citizen goes through regular military training during a minimum period of 22 years.

The federal constitution states that every male citizen is obligated to do military service for at least 260 days. For military combat specialties that cannot be effectively trained in a brief period, such as combat pilots, commandos and military divers, the bureau pre-trains teens using state-supported sporting centers. Women are received on a voluntary basis but they are not drafted like the males. The military consists of a training organization, armed forces, land forces, air forces, a logistics organization, and an information technology department.

Considering their neutrality, they are equipped with very little armor and battle gear. If the country was ever to go into war, they maintain "Total Resistance", a doctrine that states that the country would rather destroy their country rather than give into its invader; surrendering is a legal impossibility. Currently, four different political parties make up the Swiss nation. The first is the Swiss Social Democratic party, which holds 59 seats in the Federal Assembly (53 in National Council and 6 in Council of States). Politically it is the strongest party with views that combine. ".. political liberalism, Marxian economics, and ambitious planning in the fields of the production and distribution of wealth" (Rappard 101). There is also the radical party, which is rather conservative with a national-liberal orientation.

They hold 61 seats in the Federal Assembly, 43 in the National Council and 18 in the Council of States. The radicals have made what political Switzerland is today and remains in the middle of the Catholics who are on the right side of the spectrum while the Socialists remain on the left. The Christian Democratic People's Party are also quite conservative but they stay open-minded when it concerns environmental, social and European policies. They hold 50 seats in the Federal Assembly, 35 of which are in the National Council and the remaining 15 are in the Council of States. Finally, there is the Swiss People's Party, which holds another 51 seats in the Federal Assembly, 44 of which are in the National Council and seven in the Council of States. It is mostly made up of farmers and middle-class folks with liberal-conservative views.

There are also a few minor parties that are arranged but really do not have much political power. The Independent party was organized by Gottlieb Dutt weiler, and they stand for the. ".. defense of the consumer's interests and opposes all state intervention in the country's economic life" (Coddin 123). They do well at articulating their positions but overall do not have much political power. Interest groups are a normal part of the political process of Switzerland just as it is here in the United States. The interest groups choose which party to associate with based on their views and attitudes towards specific issues in the Swiss government. Interest groups are also lucky to have say in some of the laws that are passed and if they find one too harsh then they have a chance to have a referendum to discuss it.

Some of the most powerful interest groups are the Swiss Union of Commerce and Industry, the Swiss Peasants Union, the Swiss Federation of Trade Unions, and the Swiss Association of Arts and Crafts. There are also many minor interest groups that pertain to each sort of occupation one may have in Switzerland. There is always at least one representative from the major interest groups on the Federal Assembly and it is found that much of the parliament system is being consumed by union and interest group leaders because of the lack of salary in the parliament. Women did not attain suffrage until February 7, 1971. All political parties as well as both houses of the parliament supported the vote for women.

Much of the culture perceived all women's role to be one of taking care of the children, kitchen, and attending church, but the women in the country campaigned against it. While men in one of the half cantons continued to reject proposals to allow women the right to vote on local matters, the nation's high court in 1990, ordered them to grant women the right. In my opinion, Switzerland has one of the strongest democratic government structures in the world in way of which the citizens are more pleased with their presence then in most other countries. The citizens remain happy with the structure and peace is always prevalent.

By remaining neutral in many aspects, the country does not get involved in unnecessary war disputes and keeps peace amongst its citizens, of which they are very thankful for. The country, as small as it is, still produces a lot of business and is one of the leaders among global trade. It seems as the choices they make nowadays besides the law that states that every male citizen must join the militia, keeps the country happy, stable, peaceful and neutral. They were off to a rough start in their beginning because of their neutrality and non-confrontational ways, but soon as they kept revising their Constitution and gaining their independence from their surrounding countries, they have become the country they are today..