FEATURES OF BRITISH CONSTITUTION :

1. UNWRITTEN
The first important feature of the British Constitution is its unwritten character. It is true that
there are several written parts of the British Constitution, like the Magna Carta, Bill of
Rights, Reforms Acts, Parliamentary Act of 1911, etc. But the unwritten parts far
outweigh the written ones. As a matter of the fact, there is no single document which
can be said to contain the general principles of political governance. These principles
have remained scattered and no attempt has ever been made to embody these principles
in a documentary form.
2. EVOLVED CONSTITUION

The British Constitution has evolved gradually and developed from age to age,
expressing itself in different charters, statutes, precedents, usages and traditions. It is
the oldest among all existing constitutions. The British Constitution has not undergone
drastic or radical transformations and whatever changes have taken place, they have
been made in conformity with the basic constitutional structure.

3. FLEXIBLE
The power to make and amend the constitutional law is vested in Parliament and the
procedure is the same as that required for the enactment of an ordinary bill. There is
no special law for passing a constitutional law. It must be mentioned here that despite
the simplicity of its amending process, any government would bring about changes to
the constitution with utmost caution as it remains responsible to the people.
4. UNITARY FORM OF GOVERNMENT
The British Constitution is a unitary and not a federal one like that of the United States of
America or India. Although there is devolution, yet all authority flows from the Central
Government centred at London. In recent years, a national Parliament in Scotland, a
national Assembly in Wales and a national Assembly in Northern Ireland have been
created. This process transferred varying levels of power from the British Parliament
to these assemblies. However, the final authority over the devolved institutions rests
with the British Parliament itself. Parliament is constitutionally supreme. The local
areas, as they exist in Britain, derive their powers from the Acts of Parliament which
may be enlarged or restricted at its will. The local government machinery is merely an
 agent of the Central Government. If The Parliament so desires, the Parliament can
abolish the whole complex structure of local government by a single enactment.
5. PARLIAMENTARY FORM OF GOVERNMENT
The British Constitution provides for a Parliamentary form of government as distinct from the
Presidential form of government. The Monarch is the nominal head of the State. He
has been deprived of all his powers and authority. The real executive is the British
Cabinet headed by the Prime Minister. The Cabinet is composed of Ministers who
belong to the majority party in the House of Commons and they remain in office so
long as they enjoy its confidence.
6. CONSTITUTIONAL MONARCHY
Britain has a constitutional monarchy and a constitutional monarchy is not incompatible with
democracy. This is because essentially the powers of the monarch as head of the state
– currently Queen Elizabeth II – are ceremonial. The most important practical power is
the choice of the Member of Parliament to form a government, but invariably the
monarch follows the convention that this opportunity is granted to the leader of the
political party or coalition, which has majority in the House of Commons.

7. INDIVIDUAL AND COLLECTIVE RESPONSIBILITY

Collective responsibility means that all Ministers are bound by the collective decisions made
by Cabinet. Accordingly Ministers act with and on behalf of their Cabinet colleagues.
Ministers must seek Cabinet approval for all their proposals before making any public
announcements. Not only are Ministers responsible for their own individual conduct
but as Ministers of the Crown they are also responsible to Parliament for the actions
of their respective Government departments. Ministers direct the implementation of
Government policy and carry out the tasks of Government administration through
those departments. They are responsible to Parliament, Cabinet, the electorate and
their political party for the conduct of their ministerial affairs.

8. BICAMERAL LEGISLATURE
The House of Lords is the second chamber, or upper house, of the United Kingdom’s bi-
cameral (two chamber) Parliament. Together with the House of Commons and the
Crown, the House of Lords form the UK Parliament. In comparison to Rajya Sabha,
 the House of Lords is a weak house. Rajya Sabha has equal powers with Lok Sabha,
as far as an ordinary bill is concerned

9. DELEGATED LEGISLATION
Secondary legislation is law created by ministers (or other bodies) under powers given to them
by an Act of Parliament (primary legislation).Secondary legislation is also known as
'delegated' or ‘subordinate’ legislation and often takes the form of a statutory
instrument.
10. COMMITTEE SYSTEM
Committees may be of three kinds – committees of the whole house, special committees and
standing committees. At one time all bills were referred to committee of the whole
House, but since the reform of the standing committee system in 1968 most of them are
now referred to standing committees. Special committees are appointed on an ad hoc
basis and consist of not more than 15 members. The standing committees are the
essence of the present committee system and they have three distinct functions which
may be described as legislative, financial and investigative.
11. SPEAKER OF THE HOC IS NO PARTY MAN
Unlike the Speaker in the US House of Representatives, the post is non-political and indeed,
by convention, the political parties do not contest the Parliamentary constituency held
by the Speaker .The position of the Speaker is a position of great prestige and dignity.
In UK, there is a convention that once a Speaker, always a Speaker. It means that a
Speaker’s constituency is unchallenged. Once a person is appointed as a Speaker he
gives formal resignation from his political parties. He has a casting vote and ultimate
disciplinary powers with respect to the conduct of the House and MPs.

12. SUPREMACY OF PARLIAMENT

There is no law which the British Parliament cannot make or unmake. No court can question
the validity of the Acts of Parliament. There is no judicial review and no authority can
declare that the laws made by Parliament are null and void. The authority of Parliament
is absolute covering both the enactment of ordinary laws and most radical changes in
the government itself. It can, if it so desires, even abolish the monarchy or abolish the
House of Lords. Even the veto power has become obsolete and the monarch must give
his assent to all bills passed by the Parliament. According to British writer and political
philosopher, Ogg, although the Parliament operates under plenty of practical restraints
 – moral inhibitions, public opinions, international law, and international agreements,
yet from the legal point of view, it faces no restrictions.

13. INDEPENDENCE OF JUDICIARY

The Rule of Law in Britain is safeguarded by the provision that judges can only be removed
from office for serious misbehavior and according to a procedure requiring the consent
of both the Houses of Parliament. So, the judges are able to give their judgments
without any fear or favor.

14. RULE OF LAW

According to Dicey, is due to the existence of the Rule of Law. It implies, firstly, that no one
in the United Kingdom can be punished arbitrarily. The powers of the government are
exercised according to settled and binding rules. It guarantees security of life, liberty
and property. Secondly, Rule of Law implies that no one is above the law. It means that
irrespective of their social and official status all citizens are equal before law and that
every one is amenable to the ordinary court for any violation of the law. That is why
there is no separate administrative court for the government officials in Britain. The
citizens, the courts, the administrative officials, the Monarch are all subject to the
ordinary law of the land. Accordingly, the judiciary is the guardian of the liberties of
the people in Britain.

15. GAP BETWEEN THEORY AND PRACTICE

The government in the United Kingdom in ultimate theory is an absolute Monarchy, in form,
a limited constitutional Monarchy, and in actual character, democratic republic. In
theory, the government of the UK is vested in the Crown. All officers of the State, civil
and military, are appointed and dismissed in the name of the Crown. The Ministers are
Her Majesty’s Ministers and they remain in office during the Royal pleasure. The
Monarch is the source of law and fountain of justice. The Monarch summons, dissolves
and prorogues Parliament. No law is effective without the Crown’s consent. No
parliamentary election can be held without the Royal writ. The Monarch is the
Commander-in-Chief of all British forces during peace and war. The Monarch alone
can declare war and all treaties are negotiated and concluded in the name and on behalf
of the Monarch.
In practice, the Monarch has become merely a nominal executive. Britain today is a “limited
monarchy”. The Monarch reigns but does not rule. The real powers of the government
rest with the British Cabinet headed by the Prime Minister. The members of the Cabinet
are members of the Parliament. They remain responsible to its lower house, namely,
the House of Commons, for all their acts. All this means the supremacy of the House
of Commons and ultimately, that of the people, for it is the people who elect the
members of the House of Commons. Accordingly, no government can remain oblivious
of public opinion, if it is to continue in office.

16. CONVENTIONS AND JUDGE MADE CONSTITUTION

Conventions are known as unwritten maxims (rules) of the Constitution. They provide
flexibility and avoid amendments.Most constitutions of the world have conventions. A
necessary corollary to the unwritten character of the British Constitution is that
conventions play a very vital role in the British political system. For example, while the
Queen has the prerogative to refuse assent to a measure passed by the British
Parliament, but by convention, she doesn’t do so and the same has become a principle
of the constitution itself.However, the legal status of conventions is subordinate to the
written law. Courts in Britain retain certain powers:

● Of interpreting the precise meaning of a statute.

● Of reviewing the actions of ministers and other public officials by applying the doctrine
of ultra vires (beyond powers).
● Of applying the concept of natural justice to the actions of ministers and others.

17. HEREDITARY ELEMENT

The upper chamber or the House of Lords is primarily composed of hereditary peers.
The existence of these hereditary institutions may seem to go against the democratic
ideals so dearly cherished by the British people. Yet the British have never been in a
mood to abolish these historic institutions.

18. BI PARTY SYSTEM

With the emergence of the Labour Party as a major political force in 1921, there emerged three
parties in the political field. These are : the Conservative , Labour and the Liberal. But
 with the diminishing influence of the Liberal Party, there were again two parties and
the government alternated between the Conservative and the Labour . There was a split
in the Labour Party in 1981 and a Social Democratic Party came into existence. The
Social Democrats forged an alliance with the Liberals but the alliance was short-lived.
Accordingly, the two party system is an established tradition in Britain today with
governmental powers alternating between the Conservative Party and the Labour Party

19. STRONG BUREAUCRACY

Bureaucracy in Britain is generalist .They are expected to be politically neutral.

Recruited through competitive exams .Enjoy a lot of immunities.It is said that the
British bureaucracy is not representative. It is still elitist. Bureaucrats are known as New
Despots. It is said that the Bureaucracy thrives behind the cloak of ministerial
responsibility. It has also been compared with Frankenstein’s monster (overpowering
the Ministers

FEATURES OF AMERICAN CONSTITUTION

1. WRITTEN CONSTITUTION
American constitution is a written constitution framed in 1787 and enforced in 1789. It consists
of seven articles; three of them related to structure and powers of Legislative (Article
 1), Executive (Article 2) and Judiciary (Article 3) and the other four dedicated to
position of states (Article 4), modes of amendments (Article 5), supremacy of national
power (Article 6) and ratification (Article 7). It also holds that constitution is the
supreme law of the land. Article one is the longest and cannot be amended. Like other
constitutions, it also consists of preamble; a single sentence that introduces and defines
purpose of the document.
2. BRIEF CONSTITUTION
While American Constitution is the shortest (of any major government in the world) and the
first written constitution, India’s Constitution is the lengthiest written constitution in
the World. It is a brief document of 15 pages containing only 4000 words. If we add
the amendments, the total number of words becomes 6000. The Constitution consists
of just 7 Articles and only 27 amendments. When we compare it with the Constitution
of India, Constitution of Japan, Constitution of Switzerland, and other major
Constitutions of the world, we find the American Constitution a very brief constitution.
The makers of the Constitution made it brief to avoid any controversies which may
unnecessarily lead to further problems. Since the Constitution is brief it has helped it to
mould itself according to the changes of time.
3. RIGID

It is one of the most rigid constitutions in the world which means that for amending it,
special and difficult procedure has to be followed. It consists of 2 steps;
Proposal for Amendment:
Either two-third (67%) of both the houses (Senate and House of Representatives)
shall propose for amendment to constitution or on the application of legislatures of two-third
(67%) states shall call a convention for proposing amendment.
Ratification of Proposal:
The amendment shall be ratified by the legislatures of three fourth (75 %) of all states
or by the convention of three fourth of states.
It is because of this rigidity that American constitution has been amended only 27 times in
over 200 years.

4. SUPREMACY OF THE CONSTITUTION

In the US, the Constitution is supreme. No other law is above the Constitution. No law can
violate the Constitution of USA. The government of United States derives all its
powers from the Constitution. Government cannot carryout any work by violating the
 provisions of the Constitution. The Supreme Court protects the supremacy of the
Constitution by exercising the power to reject any law or policy, which is against the
spirit of the Constitution. No State constitution can contain any provision against the
US Constitution. In case a State law violates the provisions of the US Constitution,
that law is declared as null and void by the Supreme Court.
5. FEDERAL GOVERNMENT
The U.S constitution provides for a federal system of government which means that powers
are divided among centre/federal government and the states. According to Article 1,
the federal government has jurisdiction over 18 matters and residuary powers are
vested in states. States are autonomous bodies and centre cannot meddle in their affairs.
In case of conflict, Supreme Court decides or settles the dispute.
6. REPUBLICAN SYSTEM
The constitution calls for a republican system with President as elected head of the state. The
constitution derives its authority from the people and is supreme law of the land.
Neither centre nor states can override it.
7. PRESIDENTIAL SYSTEM
The constitution provides for a presidential form of government. Article 2 provides the powers,
election and their matters related to president. President is elected for a term of 4 years
and is not answerable to Congress but cannot dissolve Congress. He has a cabinet to
assist him in running his executive powers.
8. SEPARATION OF POWERS
The doctrine of separation of powers divides power between the three pillars/institutions of
government to prevent interference of one institution in the affairs of another. The
powers are divided among Congress, President and the Judiciary.

Congress has the power to make laws which outline general policies and set certain
standards. President can enforce, execute and administer law. He is assisted by his
cabinet but is solely responsible for all actions of Executive branch. Judicial
Powers are exercised by the Supreme Court which interprets laws and decided cases
and controversies in conformity with the law and by the methods prescribed by law.
9. CHECKS AND BALANCES
The system of Checks and Balances laid down by the separation of powers prevents misuse
of powers. The powers are provided in such a way that it provides a check upon other
institutions.
 Examples:
a) President can veto a bill passed by the Congress. The congress can pass legislation
over president’s veto by two third majority.
b) President has the power to appoint judges of the Supreme Court subject to
approval of the Senate.
c) The constitution has vested the powers of “Judicial Review” in Supreme Court.
Supreme Court can approve, reject or review any action taken by the President or
laws made by the Congress as it did in Marbury Vs Madison Case
10. JUDICIAL REVIEW
This is a very significant feature of the U.S constitution. It is the power of the Supreme Court
to re examine the laws made by the legislature, and the policies made by the President.
If it finds any law or any policy unconstitutional it can reject such laws and policies.
This power of the judiciary has enhanced the position of the American judiciary. It has
the power to finally determine the meaning and scope of the Constitutional provisions.
11. INDEPENDENT JUDICIARY
The courts in the USA, whether federal or state courts, are independent of the control of the
legislature and the executive. Supreme Court is the highest court of appeal in the USA.
The judges of the Supreme Court are appointed by the President with the approval of
the Senate. The judges hold office for a very long term, and can be removed from office
only through a difficult process of impeachment. Judges are men of high qualifications
and they get good salaries and other service benefits.
12. BILL OF RIGHTS
The first ten amendments to the constitution are called “Bill of Rights”. The BOR provides for
the rights of a person’s property, liberty, freedom of speech, press, religion and
assembly.
13. LIMITED GOVERNMENT
The Constitution limits the power of the federal government in at least three key ways:

● As expressed largely in the First Amendment and throughout the rest of the Bill of
Rights, the government is prohibited from directly interfering in certain areas of the
lives of the people, such as religion, speech and expression, and association.
● Certain powers forbidden to the federal government are granted exclusively to the state
and local governments.
● Powers and rights not reserved by either the federal or state governments are retained
by the people.
 14. VETO POWER OF THE PRESIDENT
Under the Constitution, the President may respond to a bill passed by the Congress in one of
the three ways. He may sign it, veto the bill by returning it to Congress, or do nothing.
If he does nothing, the bill becomes a law after the passage of ten days, excluding
Sundays. However, if the Congress adjourns sooner than ten days, the bill dies, under
the “pocket veto” provision. If the President vetoes a bill, the Congress can still enact
it into a law bypassing the measure again with two-thirds majority in both the houses.
15. COMMITTEE SYSTEM
A congressional committee is a legislative sub-organization of the United States Congress.
Both the House of Representatives and Senate have their own committees. There are
three main types of committees in Congress: standing; select or special; and joint. In
the Senate, there are Standing Committees for: Agriculture, Nutrition, and Forestry
,Appropriations, Armed Services, Banking, Housing, and Urban Affairs, Budget, etc .
The Special, Select, and Other Committees of the Senate are: Indian Affairs, Select
Committee on Ethics, Select Committee on Intelligence, and Special Committee on
Aging. The Joint Committees of the Senate are: Joint Committee on Printing, Joint
Committee on Taxation, Joint Committee on the Library, and Joint Economic
Committee.
16. BI CAMERAL SYSTEM
The constitution of USA provides for bicameral legislature i.e. two houses in the centre.
According to Article 1, “All legislative powers are vested in Congress.” Congress
consists of two houses i.e. Lower House or House of Representatives and the Upper
HouseorSenate.
HOR:
The House of Representatives has 435 members who are elected by the people through
adult franchise method for a period of two years on population basis i.e. state with larger
population gets more seats in this house like California has 53 members.
Senate:
The members of Senate are elected by the state legislatures. Each state has two senators
meaning that each state has two votes in senate. These senators are elected for a period
of six years on parity basis. The total number of senators is 100 as the total states are
50
17. SPEAKER OF THE HOR IS A PARTY MAN
Under both Republican and Democratic majorities, Speakers have played similar roles as
leaders of their parties. A Speaker's role as leader of the majority party is manifested
in two ways: within the party conference or caucus and on the House floor.
18. NO DELEGATED LEGISLATION
On the one hand, the doctrine of separation insists that the legislative function be kept aloof
and distinct from the executive function. On the other hand, as already noted, the
exigencies of modern Government make it practically impossible to concentrate all
legislative power in the hands of the Congress which cannot possibly dispose of all
legislative work by itself in the sense of turning out a comprehensive legislation
complete in all details on every subject it undertakes to legislate upon.
19. SENETORIAL COURTESY
Senatorial courtesy is related to the approval of presidential appointees. It is not a law or a
rule, but simply a customary procedure that has traditionally been followed in the U.S.
Senate. If the president nominates someone for a position, and there is a Senator from
the same state as the appointee who does not approve of the nomination, under
senatorial courtesy, the Senate would not confirm the nomination.
20. DUAL CITIZENSHIP AND DUAL CONSTITUTION
The constitution provides for dual citizenship i.e citizen of United States and the state where
one is domiciled. Britain and Pakistan provides for single citizenship. America has
adopted the doctrine of dual ship in respect of its Constitution and citizenship. It has two
Constitutions, one, for America as whole and another for each State.
21. BI PARTY SYSTEM
The US political system has naturally provided an opportunity for the rise and development of
several political parties, out of which two parties have become dominant and major
political parties. They are the Republicans and the Democrats. These two parties are
directly and continuously involved in the struggle for power in the US political system.
They have made it possible for the Americans to work their democratic system in a
successful and efficient way.
22. SPOILS SYSTEM
When a president is elected, he does appointment of public offices. If in elections, President
elected is of the opposition party, he dismisses the public office bearers and makes
fresh appointments. Under this system, a civil servant appointed by one president on
political consideration cannot retain his office when an opposition President secures
victory in polls
 23. GERRY MENDERING

Gerrymandering, in U.S. politics, the practice of drawing the boundaries of electoral

districts in a way that gives one political party an unfair advantage over its rivals (political
or partisan gerrymandering) or that dilutes the voting power of members of ethnic or
linguistic minority groups (racial gerrymandering).

FEATURES OF SWISS CONSTITUTION

1. WRITTEN , ENACTED , ADOPTED CONSTITUTION
The Swiss Constitution is a written and enacted constitution. It was drafted by a committee
of the Swiss Parliament in 1848 and was approved by the Parliament, the Cantons
and the people of Switzerland. In a similar way it was totally revised in 1874. This
Constitution operated during 1874-1999.
In 1999, the Swiss Constitution was again totally revised. The totally revised draft was
adopted by the Swiss Parliament on 18 December 1998, and approved by the people
 and the Cantons on 18th April 1999. A decree for the implementation of the new
constitution was issued by the Swiss Parliament on 28 September 1999. The new
totally revised constitution came into operation w.e.f. 1 January 2000.

2. LENGTHY DOCUMENT
The new constitution of Switzerland is a more detailed Constitution. It has 196 Articles
while the 1874 Constitution had only 123 Articles. It now contains a detailed Bill
of Basic Rights of the people and a more detailed description of Federal powers and
Federal-Cantonal Relations.

3. RIGID

This Swiss Constitution is a rigid constitution. The process of amendment is specific

and complicated. A proposal for a total or partial amendment of the constitution can
come either from the Swiss Federal Parliament or through an initiative sponsored
by 1,00,000 voters.

In either case, the proposal becomes a part of the constitution only when it is
approved in a referendum by a majority of Swiss voters as well as by a majority of
the Cantons. The procedure of amendment of the Swiss constitution is, by all
standards, a rigid one. The total revision of the Constitution in 1999 incorporated
all the previous amendments in it, and thereafter, no new amendment has been made
till date.

4. DEVICES OF DIRECT DEMOCRACY

The people of Switzerland use Referendum, Initiative and Landsgemeinde as devices of
direct democracy within a system of representative democracy. They have a directly
elected assembly of their representatives- the Federal Parliament. But they also
directly participate in legislation through the devices of Referendum and Initiative
5. PREAMBLE
The Swiss Constitution opens with a Preamble which begins by the words. In the name of
God Almighty, We, the Swiss people and Cantons…… “It expresses the firm
resolve to renew the alliance, to strengthen liberty and democracy, independence
and peace in solidarity, and openness towards the world. It expresses the
determination of the Swiss people and Cantons to live our diversity in unity,
respecting one another.” The Preamble records a firm faith in sovereignty of the
people and the Cantons and makes a firm resolve to maintain and strengthen
Switzerland. It declares that the Swiss (Swiss Federation) stands organised on the
 principle of “Unity in diversity” and is committed to secure freedom and welfare
for all the people, particularly for the weakest members of the Swiss nation.
6. FEDERAL
The federal character of the Swiss Constitution is reflected by its following features: (i)
Non-sovereign status of Cantons.
(ii) Supremacy of Swiss Constitution.
(iii) Existence of written and rigid constitution affecting a division of powers between the
Swiss Federation and the Cantons.
(iv) The division of powers in the Swiss Constitution follows the pattern of the US
federation. The powers of the Federation and the joint powers of the Federation and
the Cantons have been laid down in the Constitution, and the residuary powers have
been left with the Cantons.
(v) The federation has been given powers in respect of subjects of national importance and
the Cantons have retained powers in respect of local and regional subjects.
(vi) The Cantons have been given equality of representation in the Upper House of the
Swiss Federal Parliament- the Senate, Each full Canton, whether big or small, sends
two representatives and each half-Canton one representative to the Senate. (vii) The
Cantons have their separate constitutions.
(viii) The Swiss Federal Court is an independent judiciary with the power of judicial review
over the legislation passed by Cantonal legislatures.
(ix) There is dual citizenship, dual administration and a dual system of courts
7. DEMOCRATIC
The people elect their representatives and they directly participate in the law-making
through the devices of referendum and initiative. The Constitution also provides for
Republicanism in the Cantons. Each Swiss Canton has the right to have a
constitution provided it assures the exercise of political rights according to the
Republican form. Article 51 declares, “Every Canton shall adopt a democratic
constitution.”
8. BILL OF RIGHTS

The Constitution recognizes, grants and guarantees 34 rights of the people-The

Rights of Human Dignity, Equality, Religion and Customs, Freedom of Expression,
Freedom of Media, Association, Domicile, Property, Economic Freedom, Judicial
Protection, Citizenship and Political Rights.

9. PLURAL OR COLLEGIAL EXECUTIVE

A unique feature of the Swiss constitution is that is provides for a collegial/plural executive.
All executive powers of the federation are exercised by a seven-member Federal
Government. All the seven members collectively exercise power. Article 177(1)
declares “The Federal Government shall take it decisions as a collective body.”
Every year one of its seven members is elected at the President and another as the
Vice-president. Next year the Vice-president becomes the President and a new
member is elected as the Vice-president. This process continues and each member
gets a chance to be the President and Vice-president. The President performs all the
functions of the head of the state for one year.
10. BI CAMERAL LEGISLATURE
Swiss Federal Parliaments is a bicameral body. Its two houses are: The House of
Representatives and the Senate. The former is the lower, popular, national house
which represents the people of Switzerland and the latter is the upper house which
represents the Cantons and their sovereign equality. Each full Canton two and each
half Canton has one seat in the Senate. The House of Representatives has tenure of
4 years whereas the tenures of the members of the Senate depend upon the Cantons
which they represent. In fact the members of the upper house are not elected
simultaneously. The Federal Parliament enjoys legislative, executive, financial and
judicial powers which are jointly exercised by the two Houses.
11. SEMI PRESIDENTIAL SYSTEM
The Swiss system of government is a unique system which encompasses the features of
parliamentary as well as presidential systems. There is a close relationship between
the Swiss Federal Parliament and the Swiss Executive. The members of the
executive (Federal Government) participate in the deliberations of the legislature.
The members of Federal Government (Ministers of Federal Government) are
responsible before the Federal Parliament for their work and activities. These two
are parliamentary features. The Swiss executive-the Federal Government enjoys a
fixed tenure and it cannot be voted out of power by the Federal Parliament.
12. DUAL CITIZENSHIP
The system of double citizenship prevails in Switzerland. The Constitution states that
every citizen of a Canton shall be a citizen of Switzerland. This entitles a person to
enjoy the citizenship of his Canton as well as that of the Swiss Federation
13. LIMITED JUDICIAL REVIEW
The Swiss judiciary plays a less vital role than the judiciary in United States of America or
India. The Swiss Federal Tribunal has only limited judicial review. It can declare
only a cantonal law unconstitutional. The Swiss Constitution makes it specifically
clear that “the court shall apply laws voted by the Federal Assembly”. In other
words, it does not exercise judicial review of the laws passed by the central
government. The election of judges by the Federal Assembly further establishes the
inferior position in fact denigration of judiciary in Switzerland
14. CONVENTIONS OF SWITZERLAND
The history of the evolution of the Swiss constitutional system since 1848 has produced
several constitutional conventions which have been regulating the behaviour of
almost all the political institutions. In the Federal Government, when the President
completes his term of one year, the Vice-president becomes the President and a new
Vice-president is elected. This practice is repeated every year. The Vice-chairmen
of the two Houses of the Federal Parliament become chairmen in the next year.
Constitutionally, both the House of Representatives and the Senate have equal
powers, but by a convention, the former exercises more powers than the latter. Each
judge of the Federal Court has a tenure of six years but by a convention, he is
repeatedly elected unopposed. The members of the Federal Government are also
repeatedly elected so long as they continue to serve well. By another convention,
the Cantons speaking the three main languages are always given a seat each in the
Federal Government
15. PURPOSE OF THE STATE
In its Article 2, the Swiss Constitution lays down the purpose of Swiss Federation. It
describes the following purposes: (i) To protect liberty and rights of the people, (ii)
To safeguard the independence and security of the country, (iii) To promote
common welfare, sustainable development, inner cohesion and cultural diversity of
the country, (iv) To secure to all citizens, as far as possible, equal opportunities, (v)
To work for safeguarding the long term preservation of natural resources, (vi) To
promote a just and peaceful international order.
16. RULE OF LAW
The Swiss Constitution accepts the principle of Rule of Law. Its Article 5 specifies its
meaning:
(i) Law is the basis of all activities.
(ii) Law alone can place limitations on all activities.
(iii) State activity must be in public interest and in proportion.
(iv) State institutions and private persons must act in good faith.
(v) The Federation and Cantons always respect International law.
Further Article 8 of the Constitution grants to all citizens the right to equality- before law.

17. MULTI PARTY SYSTEM

The Swiss political system is characterized by the existence of a multiplicity of political
parties. Switzerland is a country of diversities in terms of racial character, of
religion, of speech, of forms of industry and of conflicting economic interests. The
Swiss parties are loosely organized. The political outlook in Switzerland is more
Communal and Cantonal rather than federal. Some of the parties are Liberal party ,
Radical democratic party , catholic conservative party ,Swiss peoples party , people
‘s democratic party , others .