Page 237 - DPOL202_COMPARATIVE_POLITICS_AND_GOVERNMENT_ENGLISH

Comparative Politics and Government

Notes this requirement is retained in the case of other offenders dealt with by the High Court of Justice.
Different from the Anglo-Saxon system of law and justice, the judicial system of France is two-tiered
‘ordinary’ and ‘administrative’. While the ordinary jurisdiction is concerned with private and criminal
actions, all grievances of the citizens against the state (including units of local government but not
nationalised corporations) go to the administrative courts. In both sections there are hierarchical
judicial institutions and there is a Court of Conflicts (composed of the judges of both the hierarchies)
to settle difficult cases of jurisdiction. While ordinary courts decide on the basis of codes, the
administrative courts (while using the statute book) give case-law and general principles of
considerable weight.
Administrative law is the unique contribution of France. As Dicey says, it covers no less than the
whole realm of relationship between public authorities and the individual. Strangely enough, this
variety of law is based to a very large extent on judicial precedents with which the legislature does
not ordinarily interfere and which the aministrative courts themselves alter only gradually. And yet
it remains to be commented that the entire system of administrative law is much complicated which,
according to an observer, becomes comprehensible only when one remembers that it was designed to
control the overly powerful administrative staff. More astounding is the point that the importance of
administrative law outweighs the value of ordinary justice which is considered as an integral part of
the democratic system.
9.3 Federal Tribunal or Federal Judiciary of Switzerland

Composition: The youngest of the three organs of Swiss national government is the Federal Tribunal
or the Supreme Court consisting of 26 judges and 12 alternates or substitutes elected by the Federal
Assembly in its joint session for a period of six years. One of the judges is elected as its President and
the other as its Vice-President for a term of two years, neither of whom can be re-elected for the next
consecutive term. The Constitution does not lay down rigid qualifications except that a judge may be
eligible for the election of National Council and that he should not be a member of the Federal Assembly
or Federal Council or some other department of the government. The Constitution requires that all
the three linguistic areas of Switzerland should find adequate representation. However, a convention
has developed whereby only men of forensic ability and experience are elected and then re-elected as
long as they ‘live or care to serve’. It has its seat at Lausanne, the capital of Vaud canton, as a token of
satisfaction to the French-speaking people of the country who have had some lingering feeling of dis-
satisfaction over the importance of Berne - German-speaking capital city in the canton of Berne.
Jurisdiction: The jurisdiction of the Federal Tribunal extends over civil and criminal cases and other
issues of public law. Its civil jurisdiction covers all suits between the Confederation and the cantons
and between the Cantons themselves. Suits filed by an individual or a corporation on one side and
the Confederation on the other, provided that the former are the plaintiffs and the amount involved
in the dispute is 8,000 francs or more, also lie with this Court. It also decides cases between the
individuals where the amount exceeds 10,000 francs and when the two parties request to take
jurisdiction. It further decides cases relating to loss of nationality or disputes concerning citizenship
between the communes of different cantons. Art. 114 of the Constitution further confers on it powers
to ensure uniform application of laws relating to commerce and transactions affecting movable
property, suits for debt and bankruptcy, protection of copyright and industrial inventions. Finally, it
has appellate jurisdiction over cantonal courts in all cases arising under federal laws where the amount
in dispute exceeds 8,000 francs.
On the criminal side, the Federal Tribunal has jurisdiction, original and exclusive, in cases of high
treason against the state and revolt and violence against federal authorities, crimes and offences
against the law of nations, political crimes and misdemeanours which are either the cause or
consequence of disorders and disturbances necessitating armed federal intervention and, finally,
offences committed by the officials appointed by a federal authority before the Tribunal by that
authority. In criminal cases the Tribunal holds assizes from time to time at fixed centres in which the
country is classified for the purpose. In these assizes a section of the Tribunal sits with a jury chosen
by a lot from the neighbouring villages.

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