Federalism: Lessons to learn

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Professional Training Programme for Officials
from Afghanistan
Federalism Lessons to learn from Switzerland
Thomas Fleiner Thursday November 17th
Fribourg Afternoon Session
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Swiss Diversity With regard to Languages
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(No Transcript)
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Protestant 40
Religion
Catholic 46
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2888 Gemeinden
Art. 50 CO Communal autonomy is guaranteed
within the limits fixed by cantonal law.
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The fourteen constitutional principles Which hold
the Country together
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Legitimacy
Rule of Law
Shared Rule
Self-Rule
Democracy
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Legitimacy
1. Take cultural diversity seriously
2. Fatherland for minorities
Preamble of the Constitution Determined to live
together with their diversities respecting each
other and in equity,
3. Composed Nation
Article 37 Nationality and Citizenships Everyone
who holds citizenship of a Commune, and of the
Canton to which it belongs, has Swiss citizenship.
Article 1 The Swiss Confederation The People and
the Cantons of Zurich, Berne, Lucerne, . and
Jura form the Swiss Confederation.
4. Multiple loyalty
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Legitimacy
1. Take cultural diversity seriously
2. Fatherland for minorities
3. Composed Nation
4. Multiple loyalty
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Rule of Law
5. The Right to be unequal, or equal
rights versus the right to be equal
Article 18 Freedom of Language The freedom of
language is guaranteed. Art. 70 Par.2 In order to
preserve harmony between linguistic
com- munities, the cantons shall respect the
traditional territorial distribution of
languages, and shall take indigenous linguistic
minorities into account.
Article 4 National Languages The National
Languages are German, French, Italian, and
Romansh.
6. Four Dimension of Freedom From, By, To,
Within, the State
7. Liberty and Peace
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Rule of Law
5. The Right to be unequal, or equal
rights versus the right to be equal
6. Four Dimension of Freedom From, By, To,
Within, the State
7. Liberty and Peace
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• Article 45 Participation in Federal Decision
  Making
• In the cases specified by the Federal
  Constitution,
• the Cantons shall participate in the
  decision-making
• process at the federal level, in particular in
• formulating federal legislation.
• (2) The Confederation shall inform the Cantons of
  its
• plans, fully and in good time it shall consult
  them if
• their interests are likely to be affected.

Shared Rule
8. Participation of ethnic Groups In Constitution
making
Art. 53 (2) All alterations to the number of the
Cantons, or to their status, are subject to the
assent of the relevant electorate and of the
Cantons concerned, and also of a double vote of
the People and the Cantons. (3) All changes to
the territory of a Canton are subject to the
approval of the electorate of the Cantons
concerned, and to the assent of the Federal
Assembly in the form of a federal decree.
9. Power sharing of cultural communities
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Shared Rule
8. Participation of ethnic Groups In Constitution
making
9. Power sharing of cultural communities
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Self Rule
10. Autonomy
Article 3 Cantons The Cantons are sovereign
insofar as their sove- reignty is not limited by
the Federal Constitution
11. Enhancing diversity to overcome
ethnification of politics
Article 2 (2) It (Confederation) shall promote.,
the internal cohesion and the cultural diversity
of the country.
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Self Rule
10. Autonomy
11. Enhancing diversity to overcome
ethnification of politics
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Democracy
12. Self-determination of individuals as aim of
democracy
Preamble Resolved to renew their alliance so as
to strengthen liberty, democracy, independence
and peace in a spirit of solidarity and openness
towards the world
13. Value of compromise as alternative to
the winner takes all democracy
Art. 175 (4) The various regions and language
communities must be equitably represented in
the Federal Council.
14. Conflict management
Article 147 Consultation Procedure Cantons,
political parties and interested circles shall
be invited to comment, during preparatory
phases, on important legislative bills, on other
projects with major implications and also on
important international treaties.
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Democracy
12. Self-determination of individuals as aim of
democracy
13. Value of compromise as alternative to
the winner takes all democracy
14. Conflict management
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Neutrality
Vienna Congress 1815
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MULTICULTURAL AND PEACEFUL
MULTICULTURAL BUT PEACEFUL