Swiss Federal Political System: Constitution, Federalism and Separation of Powers
What this domain tests
These questions check whether you can name the three state levels, assign a task to the right level, and explain why federal law beats cantonal law. Expect a mix of structure (who elects whom) and process (how a federal law is made).
Three levels and the division of powers
The Federal Constitution of 18 April 1999 is the top layer of the legal order. Switzerland has 26 cantons, six of which count as "half-cantons" for voting purposes (Basel-Stadt/Basel-Landschaft, Obwalden/Nidwalden, Appenzell Innerrhoden/Ausserrhoden). Article 3 BC gives the cantons every power not assigned to the Confederation; Article 5a adds subsidiarity; Article 49 states that federal law overrides contrary cantonal law.
- Confederation: foreign policy, army, customs, currency, civil and criminal law, social insurance, rail.
- Cantons: police, schooling, health care, church affairs, most taxes, supervision of communes.
- Communes: local services, social assistance, waste, local planning, within cantonal rules.
Separation of powers at federal level
- Legislature – Federal Assembly: National Council with 200 seats by population (Basel-Stadt holds 5) and Council of States with 46 seats, i.e. 2 per canton and 1 for each half-canton, so Basel-Stadt has 1.
- Executive – Federal Council: seven members elected by the Federal Assembly for four years, acting collegially under the current formula of 2 SVP, 2 SP, 2 FDP and 1 Mitte. The presidency rotates annually; the president is first among equals.
- Judiciary – Federal Supreme Court in Lausanne, plus the Federal Criminal Court (Bellinzona), Federal Administrative Court and Federal Patent Court (St. Gallen).
Worked example
A new federal data-protection statute obliges cantonal offices to hand over records. The Basel-Stadt Grand Council thinks the statute is unconstitutional and wants to ignore it. Reasoning: under Article 49 BV the canton is bound. It may criticise publicly, but it must apply the statute; even the Federal Supreme Court cannot annul a valid federal law. Only the Federal Assembly can amend it. Federal statutes are therefore politically controlled, not judicially reviewed.
Traps that cost marks
Do not count 46 Council of States seats as 52. Do not say the Federal Council is directly elected by the people. Do not claim Switzerland has a constitutional court with power over federal statutes. Do not confuse the Federal Assembly (parliament) with the Federal Council (government), and remember that the Vernehmlassung (consultation of cantons, parties and associations) happens before a bill reaches parliament, not after.