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Swiss Federal Law
In Switzerland, a federal act (german: Bundesgesetz, french: Loi fédérale, it, Legge federale) is a legislative law adopted at the level of the Confederation. By default, its duration of application is unlimited. It takes precedence over cantonal and communal law (derogatory force). Definition The Federal Constitution defines a federal law as follows: The ParlA uses this definition in the same terms."The Federal Assembly shall enact in the form of a federal law all important provisions that lay down rules of law", Art. 22, para. 1, ParlA. Rule of law A "rule of law" exists when an adopted provision (cumulatively): * is of a general nature, i.e. the provision is addressed to an indeterminate number of persons or target subjects; * is abstract in nature, i.e. the provision can be interpreted for any number of situations; * has direct application; * creates an obligation, confers a right or assigns powers. Important provisions Determining the importance of the provision ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Swiss Federal Constitution
The Federal Constitution of the Swiss Confederation (SR 10; german: Bundesverfassung der Schweizerischen Eidgenossenschaft (BV); french: Constitution fédérale de la Confédération suisse (Cst.); it, Costituzione federale della Confederazione Svizzera (Cost.); rm, ) of 18 April 1999 (SR 101) is the third and current federal constitution of Switzerland. It establishes the ''Swiss Confederation'' as a federal republic of 26 cantons (states). The document contains a catalogue of individual and popular rights (including the right to call for popular referendums on federal laws and constitutional amendments), delineates the responsibilities of the cantons and the Confederation and establishes the federal authorities of government. The Constitution was adopted by a referendum on 18 April 1999, in which a majority of the people and the Cantons voted in favour. It replaced the prior federal constitution of 1874, which it was intended to bring up to date without changing its ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canton Of Zürich
The canton of Zürich (german: Kanton Zürich ; rm, Chantun Turitg; french: Canton de Zurich; it, Canton Zurigo) is a Swiss canton in the northeastern part of the country. With a population of (as of ), it is the most populous canton in the country. Zürich is the ''de facto'' capital of the canton, but is not specifically mentioned in the constitution. The official language is German. The local Swiss German dialect, called '' Züritüütsch'', is commonly spoken. History Early history The prehistoric pile dwellings around Zürichsee comprise 11 of total 56 prehistoric pile dwellings around the Alps in Switzerland, that are located around Lake Zürich in the cantons of Schwyz, St. Gallen and Zürich. Located on the shore of Lake Zürich, there are Freienbach–Hurden Rosshorn, Freienbach–Hurden Seefeld, Rapperswil-Jona/Hombrechtikon–Feldbach, Rapperswil-Jona–Technikum, Erlenbach–Winkel, Meilen–Rorenhaab, Wädenswil–Vorder Au, Zürich–Enge Alpenquai, Gross ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human behaviour and are regularly protected in Municipal law, municipal and international law. They are commonly understood as inalienable,The United Nations, Office of the High Commissioner of Human RightsWhat are human rights? Retrieved 14 August 2014 fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",Burns H. Weston, 20 March 2014, Encyclopædia Britannicahuman rights Retrieved 14 August 2014. regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being Universality (philosophy), universal, and they are Egalitari ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
De Jure
In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legally recognized. Examples Between 1805 and 1914, the ruling dynasty of Egypt were subject to the rulers of the Ottoman Empire, but acted as de facto independent rulers who maintained a polite fiction of Ottoman suzerainty. However, starting from around 1882, the rulers had only de jure rule over Egypt, as it had by then become a British puppet state. Thus, by Ottoman law, Egypt was de jure a province of the Ottoman Empire, but de facto was part of the British Empire. In U.S. law, particularly after ''Brown v. Board of Education'' (1954), the difference between de facto segregation (segregation that existed because of the voluntary associations and neighborhoods) and de jure segregation (segregation that existed because of local laws that m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
De Facto
''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by law"), which refers to things that happen according to official law, regardless of whether the practice exists in reality. History In jurisprudence, it mainly means "practiced, but not necessarily defined by law" or "practiced or is valid, but not officially established". Basically, this expression is opposed to the concept of "de jure" (which means "as defined by law") when it comes to law, management or technology (such as standards) in the case of creation, development or application of "without" or "against" instructions, but in accordance with "with practice". When legal situations are discussed, "de jure" means "expressed by law", while "de facto" means action or what is practiced. Similar expressions: "essentially", "unofficial", "in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Administration Of Switzerland
The federal administration of Switzerland (german: Bundesverwaltung, french: Administration fédérale, it, Amministrazione federale, rm, Administraziun federala) is the ensemble of agencies that constitute, together with the Swiss Federal Council, the executive branch of the Swiss federal authorities. The administration is charged with executing federal law and preparing draft laws and policy for the Federal Council and the Federal Assembly. The administration consists of seven federal departments and the Federal Chancellery. The departments are roughly equivalent to the ministries of other states, but their scope is generally broader. Each department consists of several federal offices, which are headed by a director, and of other agencies. The much smaller Federal Chancellery, headed by the Federal Chancellor, operates as an eighth department in most respects. Federal Council The administration in its entirety is directed by the Swiss Federal Council, and the Fede ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vienna Convention On The Law Of Treaties
The Vienna Convention on the Law of Treaties (VCLT) is an international agreement regulating treaties between states. Known as the "treaty on treaties", it establishes comprehensive rules, procedures, and guidelines for how treaties are defined, drafted, amended, interpreted, and generally operated. An international treaty is a written agreement between international law subjects reflecting their consent to the creation, alteration, or termination of their rights and obligations. The VCLT is considered a codification of customary international law and state practice concerning treaties. The convention was adopted and opened to signature on 23 May 1969,untreaty.un.org''Law of treaties'', International Law Commission, last update: 30 June 2005. Consulted on 7 December 2008.Vienna Conventio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Monism And Dualism In International Law
The terms monism and dualism are used to describe two different theories of the relationship between international law and national law. Many states, perhaps most, are partly monist and partly dualist in their actual application of international law in their national systems. Monism Monists accept that the internal and international legal systems form a unity. Both national legal rules and international rules that a state has accepted, for example by way of a treaty, determine whether actions are legal or illegal. In most so-called "monist" states, a distinction between international law in the form of treaties, and other international law, e.g., customary international law or jus cogens, is made; such states may thus be partly monist and partly dualist. In a pure monist state, international law does not need to be translated into national law. It is simply incorporated and has effect automatically in national or domestic laws. The act of ratifying an international treaty immedi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as ''Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Supreme Court Of Switzerland
The Federal Supreme Court of Switzerland (german: Bundesgericht, french: Tribunal fédéral, it, Tribunale federale, rm, ) is the supreme court of the Swiss Confederation and at the head of the Swiss judiciary. The Federal Supreme Court is headquartered in the Federal Courthouse in Lausanne in the canton of Vaud. The two social security divisions of the Federal Supreme Court (formerly Federal Insurance Court, as an organizationally independent unit of the Federal Supreme Court), are located in Lucerne. The Federal Assembly elects 38 justices to the Federal Supreme Court. The current president of the court is Martha Niquille. Functions The Federal Supreme Court is the final arbiter on disputes in the field of civil law (citizens-citizens), the public arena (citizen-state), as well as in disputes between cantons or between cantons and the Confederation. The Supreme Court's decisions in the field of human rights violations can be appealed to the European Court of Human Rig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Switzerland As A Federal State
The rise of Switzerland as a federal state began on 12 September 1848, with the creation of a federal constitution in response to a 27-day civil war, the ''Sonderbundskrieg''. The constitution, which was heavily influenced by the United States Constitution and the ideas of the French Revolution, was modified several times during the following decades and wholly replaced in 1999. The 1848 constitution represented the first time, other than when the short-lived Helvetic Republic had been imposed, that the Swiss had a central government instead of being simply a collection of autonomous cantons bound by treaties. Sonderbund War In 1847, the period of Swiss history known as Restoration ended with a war between the conservative Roman Catholic and the liberal Protestant cantons (the ''Sonderbundskrieg''). The conflict between the Catholic and Protestant cantons had existed since the Reformation; in the 19th century the Protestant population had a majority. The ''Sonderbund'' (Ge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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