1. Introduction

Question 1

Name (in order of importance) the main legal norms in a state

Answer 1

1. Federal constitution
2. Federal statutes
3. Federal ordinances
4. Cantonal constitution
5. Cantonal statutes
6. Cantonal ordinances
7. Legal acts of the communes

Question 2

Define constitution in a formal sense

Answer 2

The constitution in a formal sense encompasses all legal provisions enacted in the special enactment provision of the constitution.

It is incorporated into one single document. All provisions must be approved through a mandatory referendum by the majority of people and cantons. In addition, emergency federal statutes that are not based on a provision of the constitution and are a subject to mandatory referendum are also part of the constitution in the formal sense

Question 3

Define constitution in a substantive sense

Answer 3

The constitution in a substantive sense encompasses all essential legal principles concerning the nature of the state and its relation to individuals.

It does not only focus on form but on the content of the legal norms. It encompasses not only essential rules and principles found in the constitution itself but also on other basic, fundamental rules:

• rules on organisation and powers of the highest state authorities
• fundamental rights
• procedures applicable for the enactment of the constitution and statutes
• competencies of the federal entities in a federal state

Question 4

Compare constitution in a formal and a substantive sense

Answer 4

They oftentimes correspond to one another.

However, it is possible that some provisions in the constitution itself are no longer important enough to be considered in a substantive sense. In such cases formal sense encompasses norms that are not considered in the substantive sense

Also, due to political and historical developments, some principles are not written in the constitution itself but are considered fundamental for the structure and function of the state and are encompassed in a substantive sense

Question 5

What should a constitution contain?

Answer 5

There are various conceptions on this matter:

• instrumental: only provisions regarding the state organisation (instituting of state organs, delimiting power, defining procedures)
• substantive: basic norms specifying relationship between state and individuals, basic goals, principles if state action.

Question 6

What are the main functions of a constitution?

Answer 6

1. Order and organisation: state organs, institutions, relationship between the state and individuals, allocation of power
2. Limits of power and guarantees of freedom
3. Creation and direction: basic substantive goals, main direction, blue print for legislate, executive and judiciary for future action

Question 7

Define Constitution and its Purpose

Answer 7

A constitution is a set of fundamental principles and rules according to which the state is governed. They make up/constitute the state.

The constitution:

• defines main features of the state order
• specifies basic aims
• regulates procedures of the state organs
• determines legal status of individuals
• limits the power