THE PROVISIONAL CONSTITUTION
of the Swiss Confederation.
Premeable
THE PEOPLES of the Swiss Cantons
UNITED in their indivisible allegiance to each other, and
DETERMINED to work in unity and co-operation with each other to achieve mutual goals
UNDERSTANDING that the exercise of good governance can only come from Rule of Law.
hereby enact this Provisional Constitution of the Swiss Confederation.
Article 1. The Swiss Confederation
- The Swiss Confederation is hereby established as a Confederation of all parties to this Constitution.
- The Sovereignty of the Cantons shall be guaranteed, except to the extent this Sovereignty is limited by this Constitution and Federal Law.
Article 2. Provisional Legislative Procedure
- The Federal Council, by majority vote, may create and give effect to legislation, give effect to and become party to Treaties and amend this Constitution.
a. An amendment to any severance clause of this Constitution must be approved by unanimous vote of the Federal Council.
b. The Powers to create and give effect to legislation may be delegated by Federal Law. - All legislation must be published in an official source of Swiss Legislation, to be named the Swiss Federal Register.
- No legislation may come into effect until midnight on the next day at the earliest.
- No ex-post-facto law may exist.
- No bills of attainder may be passed.
- Legislation which violates fundamental Human Rights shall not be enforced.
- In case of a conflict between federal law and a Federal Law that gives effect to an international treaty, the federal law that gives effect to an international treaty shall take precedence unless the Federal Council, by majority vote, vetoes this, in which case the federal law shall take precedence.
- In case of a conflict between this Constitution and a Treaty, this Constitution shall take precedence.
- No Treaty shall be enforced by the Federation unless it is given effect in Federal Law.
- Legislation in Annex 1 of this Constitution shall immediately become federal law.
Article 3. Organs of State
- The Federal Council shall be the Legislative and Executive Head of State.
- There shall initially be 3 members of the Federal Council, increasing by 1 each election until there are 7 members of the Federal Council, including at early elections.
- All Swiss Citizens shall have the right to vote for members of the Federal Council
- Allocation of Counselors shall be done through Party-List Proportional Representation using the D’Hondt Method.
- The Presidency of the Swiss Confederation shall rotate among members of the Federal Council, with equal time for each Counselor, such that in a normal term of the Federal Council that does not end early, all Federal Counselors spend an equal amount of time as President of the Swiss Confederation.
- Presidency of the Swiss Confederation shall be served in a single, continuous term for each Federal Counselor.
- A Federal Counselor who resigns the Presidency of the Swiss Confederation is not entitled to then take it up again for that term of the Council.
- The current President of the Swiss Confederation may set the date of the first election of the Federal Council, but such date can be no further than 7 days after the total count of all real group members, that is, excluding bots, reaches 1000.
Article 4. Replacement by Full Constitution
- The Federal Council, or a Popular Initiative with more than 200 Signatures, may make provision for a Constitutional Convention to replace this Constitution with a full Constitution of the Swiss Confederation.
- The Federal Council shall draft a full Constitution, if a Popular Initiative initiated this proceeding then the author of that initiative may also draft a full Constitution.
- If at Federal Referendum among all Swiss Citizens, the full Constitution as proposed by the Federal Council receives more votes for it than against it, then it will replace this Constitution as the Constitution of the Swiss Confederation. If this fails and a Popular Initiative initiated the Constitutional Convention and the author of said initiative has drafted a full Constitution, this full Constitution shall be put to Federal Referendum among all Swiss Citizens, and if in this Referendum this Constitution receives more votes for it than against it, then it will replace this Constitution as the Constitution of the Swiss Confederation.
Annex 1. Initial Federal Law
Provisional Legislation (Delegation) Act 2017
- The President of the Swiss Confederation shall have the power to create and give effect to legislation, and to give effect to and to become party to a treaty on behalf of the confederation (Provisional Legislative Orders).
- Legislation made under Section 1 shall not amend the Constitution in any way, nor amend any Initial Federal Law.
- Federal law passed by any way specified in the Constitution that is not provided for in this Act shall take precedence over Federal law passed by this act.
- Federal law made under this act shall be include (Provisional) within the act title, such that the Police Act would become the Police (Provisional) Act.
- This law may be repealed in whole or in part at any time by motion of the Federal Council.