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Thomas Fleiner: Class No. 9 Diversity and Constitution Case of Switzerland

Belgrade Law Faculty Master Course on Comparative Constitutional Law Prof. Thomas Fleiner October 31 to November 16 2011. Thomas Fleiner: Class No. 9 Diversity and Constitution Case of Switzerland. Swiss Diversity / Fragmentation?. Language. German. Austria. French. Romonsh.

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Thomas Fleiner: Class No. 9 Diversity and Constitution Case of Switzerland

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  1. Belgrade Law Faculty Master Course on Comparative Constitutional Law Prof. Thomas Fleiner October 31 to November 16 2011 Thomas Fleiner: Class No. 9 Diversity and Constitution Case of Switzerland

  2. Swiss Diversity / Fragmentation?

  3. Language

  4. German Austria French Romonsh Italien

  5. Religion

  6. Protestants (dark) 40% Religion Catholics clear 46%

  7. Municipalities

  8. Develop- Ment of Canton Jury by Secession and Self-de- termi- nation Jura CH Berne

  9. A long language border- line? French German

  10. A long border- line between catholic and protes- tant com- munities? Catholics Protestants

  11. Fourteen important Principles to hold together multicultural states

  12. Legitimacy Rule of Law Shared-Rule Self-Rule Democracy

  13. Legitimacy 1. Take diversity serious Preamble Co: determined to live together with mutual consideration and respect for their diversity, 2. Father /Motherland for minoritiesMinderheiten Art. 37 Co: 1 1 Anyone who is a citizen of a commune and of the Canton to which that communebelongs is a Swiss citizen. 3. Composed Nation Together, the peoples of the 23 sovereign Cantons of Switzerland united by the present alliance, to wit: Zurich, Berne, Lucerne, … and Jura, form the Swiss Confederation. 4. Multiple Loyalties

  14. Rule of Law 5. Right to be different v. Equal rights Art. 4 National Languages The National Languages are German, French, Italian, and Romansh 6. Four Dimensions of liberty: From, by, within and towards the state 7. Liberty and peace Art. 18 The freedom to use any language is guaranteed 70 2 The Cantons shall decide on their official languages. In order to preserve harmony between linguistic communities, the Cantons shall respect the traditional territorial distribution of languages and take account of indigenous linguistic minorities

  15. Shared Rule 8. Participation of ethnic communities In constitution making 9. Power-sharing of cultural communities

  16. Art. 45: Participation in federal decision-making 1 In the cases specified by the Federal Constitution, the Cantons shall participate in the federal decision making process, and in particular in the legislative process. 2 The Confederation shall inform the Cantons of its intentions fully and in good time. It shall consult the Cantons where their interests are affected. Art. 53 Number and territory of the Cantons 2 Any change in the number of Cantons requires the consent of the citizens and the Cantons concerned together with the consent of the People and the Cantons. 3 Any change in territory between Cantons requires the consent both of the Cantons concerned and of their citizens as well as the approval of the Federal Assembly in the form of a Federal Decree.

  17. Self-Determination 10. Autonomy Art. 3 Cantons The Cantons are sovereign except to the extent that their sovereignty is limited by the Federal Constitu- tion. They shall exercise all rights that are not vested in the Confederation. 11. Foster Diversity and overcome ethnification of politics Art. 2 Aims 2 It shall promote the common welfare, sustainable development, internal cohesion and cultural diversity of the country.

  18. Democracy 12. Self-determination of individuals as goal Preamble: …resolved to renew their alliance so as to strengthen liberty, democracy, independence and peace in a spirit of solida- rity and openness towards the world,, 13. Compromise as asset 175 4 In electing the Federal Council, care must be taken to en- sure that the various geographical and language regions of the country are appropriately represented 14. Conflict Management Art. 44 Principles: 1 The Confederation and the Cantons shall sup- port each other in the fulfilment of their duties and shall generally cooperate with each other. 2 They owe each other a duty of consideration and support. They shall provide each other with administrative assistance and mutual judicial assistance. 3 Disputes between Cantons or between Cantons and the Confede- ration shall wherever possible be resolved by negotiation or mediation.

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