Lecture 3: Federalism Flashcards
(20 cards)
What is a federal system?
A composite structure of two or more orders of government, combining shared rule and self-rule of constituent political units.
What is a federal state?
A state with a federal organization, composed of a federal authority and constituent units (e.g., cantons or states).
What is the principle of subsidiarity? (Art. 5a Cst)
State tasks must be allocated and performed at the lowest effective level of government.
What are the three features of statehood in the Swiss Federation?
(1) State populace (cantons and the people)
(2) State territory (sum of cantonal territories)
(3) State authority (federal executive, legislative, judiciary)
What are the three principles related to cantons in Swiss federalism?
(1) Cantonal autonomy
(2) Participation at federal level
(3) Equality of cantons
What is a mandatory referendum?
Requires majority of cantons and people for constitutional amendments, joining supranational organizations, etc. (Art. 140 para 1 Cst)
What is an optional referendum?
Certain federal acts must be submitted to a vote if requested by eight cantons (Art. 141 para 1 Cst).
How can cantons submit legislative proposals?
Via a petition to federal parliament (Art. 160 para 1 Cst).
Do all cantons have the same status?
Yes, equal competencies and duties—except six cantons have only half a vote in mandatory referenda (Art. 142 para 4 Cst) and one Council of States delegate (Art. 150 para 2 Cst).
What are requirements for federal guarantee of cantonal constitutions?
As per Art. 51 Cst, cantonal constitutions must comply with federal law and guarantee democratic principles.
What happens when cantonal order is disrupted? (Art. 52 Cst)
Other cantons must help; if they fail, the Federation must intervene to restore order.
How are powers distributed in Switzerland?
Federal powers are listed explicitly in the Constitution. All others remain with the cantons (Art. 3 and Art. 42 Cst).
What is a comprehensive competency?
The Federation may regulate all matters in a field. (e.g., Art. 99, 100, 82 Cst)
What is a fragmentary competency?
The Federation may regulate only specific parts of a subject. (e.g., Art. 128, 130, 131 Cst)
What is a framework competency?
The Federation sets principles; cantons handle details. (e.g., Art. 129 Cst)
What is a promotion competency?
The Federation supports or encourages efforts in areas primarily managed by cantons.
What is a subsequently derogating effect?
Federal law overrides cantonal law once enacted (standard case).
What is an originally derogating effect?
Federal law excludes cantonal action from the beginning (rare).
What is a parallel effect?
Federal and cantonal laws coexist in certain areas.
What is a federal guarantee in the context of Swiss federalism?
A federal guarantee is the Confederation’s obligation to ensure that cantonal constitutions comply with federal law (Art. 51 Cst) and to protect the cantonal constitutional order if it’s disrupted (Art. 52 Cst)
