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Unit 6: Socio-Economic Bases and Salient Features of the Constitutions

6. There is the factor of people’s confidence in the national government. The Centre has fulfilled Notes
its promises and rendered essential services to the people in a way that the bonds of local
loyalty have become weak and, as a result, the national government “is almost a model of
perfection when compared to some State capital which are graft-ridden, inefficient, and unable
to provide the services that the people expected.”
Federal System of Switzerland
The Swiss federal system presents a classic example of this type, although its designation as a
‘confederation’ has been a misnomer. It constitutes the basic feature of the Swiss governmental
system and it is the chief instrument through which Switzerland has attained national unity
without destroying the autonomy of the cantons. However, Switzerland is now by no means a
confederation owing to the fact that the union is complete and secesion is not permitted.
The Swiss system meets every requirement of federalism. In the first place, it has a written and
rigid Constitution. As a comparatively longer document, it goes into a good many details dealing
with matters as fishing and hunting, qualifications of members of the liberal professions, sickness
and burial of the indigent, cattle diseases, gambling houses, lotteries etc. Thus, the Constitution
specifies much what otherwise should have been covered by ordinary legislation and its reason
seems to lie in the fact that behind this plethora of details “is the desire for sharp delimitation of
the respective competence of federal and cantonal powers.” It is also due to the fact that the
Constitution represents a compromise between the advocates of cantonal rights and those in
favour of a strong federal government and therefore “tries to anticipate and prevent causes of
internal friction and possibility to the civil strife.”
The Constitution distributes powers of government between the Central and cantonal governments.
It specifies the powers of the Centre, which include foreign relations, military affairs, declaration
of war and peace, railways and federal roads, bridges, aerial navigation, posts and telegraph,
wireless communication, banking and commerce, conservation of natural resources, coinage, paper
money, higher education, settlement of cantonal disputes, laws relating to marriage, naturalisation
and extradition etc. It also enumerates certain concurrent powers under the jurisdiction of both the
central and cantonal governments such as regulation of industry and insurance, construction and
upkeep of highways, control of the press and encouragement of education. The rest are the residuary
powers given to the cantons. Two special points may be noted here. First, if there is a conflict on
a concurrent subject, the law of the Centre shall prevail over the cantonal law. Second, the cantons
have also been given the power to make non-political agreements with foreign states subject to the
approval of the federal government.
Finally, there is the Federal Tribunal which takes cognizance of the conflict of competence between
central and cantonal authorities. It also decides cases of public law between one canton and
another. It hears appeals against violation of constitutional rights of citizens and appeals of private
persons against violations of international treaties or agreements.
A word may be said about the constitutional status of the Swiss cantons. As we have already seen
that the world ‘confederation’ is a misnomer, the cantons of Switzerland do not enjoy sovereignty.
They have their share of autonomy. They are the original component parts of the federal system
and they still retain their essential prerogatives. It is from them that the federal system draws its
authority and derives its constitutional status. The Council of States represents the cantons on the
basis of equality and in this respect corresponds to the American Senate. The cantonal governments
maintain law and order and manage for education, elections, public works etc. They also execute
laws made by the Central legislature. The legal personality of the units is thus preserved and they
have not been ‘finished’ owing to the paramount fact that the “reserve of power is left with the
cantons.”
However, the Swiss federation is not free form the elements of centralization of powers. With the
march of time and change in the socio economic pattern of life, the Central government has
enhanced its authority. Since 1874 the federal authority has increased so as to cover civil and
criminal law, alcoholic beverage, traffic, transportation, banking, social welfare projects, industrial
legislation, public hygiene, etc. The finanical position of the federal government has been

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