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Unit 7: Constitutional Structure: Executive

whether the cantonal constitution has anything contrary to the Federal Constitution. It looks Notes
into matters relating to the execution of judgements of the Federal Tribunal and of agreements
and arbitration awards concerning disputes between the cantons. All federal appointments,
except those entrusted to the Federal Assembly or Federal Tribunal, are made by the Federal
Council. It examines the treaties made by the cantons either with each other or with a foreign
state and may recommend their annulment to the Federal Assembly if they are detrimental to
the interests of the Confederation. It conducts foreign relations, safeguards external interests of
the nation, ensures external safety of the country and looks for the maintenance of Swiss
independence and neutrality. It also looks for the maintenance of law and order and if the
cantonal governments fail in their task, it may intervene according to the directions of the
Federal Assembly. It also supervises official conduct of all officers and employees of the federal
administration. It has the charge of Federal Army and all branches of administration thereof
vested in the Confederation. In the situation of emergency, when the Federal Assembly is not in
session, it is empowered to call out troops and deploy them as it thinks fit.
2. In the legislative sphere, the Federal Council submits projects of laws and arêtes to the Federal
Assembly and gives its preliminary advice upon projects which the cantons or Councillors may
send up to it. The usual procedure is that the Federal Council submits a message or report
accompanied by a draft embodying the action which Federal Council wishes the Federal
Assembly to take. The draft forms the basis of the discussion in the commission of each chamber
of the Assembly. Thus, the Council may initiate legislation and the Assembly adopt it with
certain amendments. The Federal Council also examines laws and ordinances of the cantons
that have to be submitted for its approval and supervises the branches of cantonal administration
where such supervision is incumbent upon it. It gives an account of its work to the Federal
Assembly in each ordinary session, presents to it a report on the internal conditions in the
country and foreign relations of the Confederation, and recommends for its consideration such
measures which it thinks necessary or useful for promoting general welfare. Although the
members of the Council cannot be the members of the Assembly, they may sit in either House,
participate in the debates and answer questions. They also attend the meetings of parliamentary
committees which examine the bills and by virtue of their expert knowledge and their influence,
they may succeed in having an effective say in the matter under discussion.
3. The Council administers federal finances and prepares the budget and submits accounts of
federal receipts and expenditure. As such, it collects revenues and supervises expenditure
authorised by the legislature.
4. It has some powers of a judicial nature. It hears appeals of private individuals against decisions
of various departments and also against decisions of the Federal Railway Administration. It
also has appellate jurisdiction over decisions of the cantonal governments in cases relating to
discrimination in elementary schools, differences arising out of treaties relating to trade, patents,
military taxation, questions about occupation and settlement, consumption taxes, customs,
cantonal elections, and gratuitious equipment of the militia. However, the Federal Council does
not enjoy full authority in this field, because the appeals against its decisions may be taken to
the Federal Administration Court.
Special Features: From the preceding account of the organisation and functions of the Federal Council
it becomes clear that it is a unique institution. However, its special features may by summed up as
under:
1. The Swiss executive is plural or collegial. It means that it has no single head. The President
enjoys nothing but a formal precedence over his colleagues and after a period of one year
retires according to the principle of rotation by seniority.
2. Though elected by the national legislature after every four years, or even earlier, the Swiss
executive enjoys a very long tenure of stability. This stability means more than the mere fact
that once elected, the Federal Council unusually cannot be dismissed before the end of the
normal term of four years.

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