Constitution and Social Contract of Sanama
This was superseded by the Federal Constitution of Sanama on 1.VII.1679.
The Constitution and Social Contract of Sanama was the constitution of the Democratic Federation of Sanama. It was passed by the people of Sanama on 18.XV.1672 in the 1672 Sanaman constitutional referendum. The document consists of two parts, a social contract outlining civil and political rights, freedoms and responsibilities, and a constitution regulating the structure of the federal government and its relationship with the constituent parts of the nation.
Constitution and Social Contract of Sanama
PREAMBLE
In the name of the People!
The Sanaman peoples and the Cantons,
Resolved to enter into an alliance to strengthen liberty, democracy, independence and peace in a spirit of solidarity and openness towards the world,
Determined to live together with mutual consideration and respect for their diversity,
Conscious of their common achievements and their responsibility towards future generations,
And in the knowledge that only those who use their freedom remain free, and that the strength of a people is measured by the well-being of its weakest members,
Adopt the following Constitution:
TITLE I. General Provisions
1. The people and the cantons of Acquecalde, Alto Siccre, Amarra Ates, Amarra Pixa, Aruang, Boomwatch, Brightown, Caverden, Cisena, Enosa, Estarisa, Fatehpur Sikri, Fenicottero, Fig Islands, Hala, Hareffa Lunti, Hareffa Santa Clara, Haruto, Holm, Ilokallo, Indipendenza, Kawite, Kayalәkada, Kopore, Laguna, Lloperat, Lluson, Malokati, Napole, Nashqo, Niyi, Niyi Ffaman, Niyi Paharr, North Nee City, Nuevo Romero, Pakor, Palë, Paroq Taen, Pixa Ate, Port Lakhesis, Port Niyi, Qalit, Qeruna, Qexon, Riverden, Rosaria, Rromëlo, Saneswalo, Sëwulat, Solecism, Soli Hareffina, Sornë, South Haruto, Sumar, Susston, Tikano, Timpure, Tosha, Walento, Walesa, Wan, West Fatehpur Sikri, West Niyi, Woodshire, Xalene, Xawakalë, Xolaso, and Ž form the Democratic Federation of Sanama.
2. The Federation shall protect the liberty and rights of the people and safeguard the independence and security of the country. It shall promote the common welfare, sustainable development, internal cohesion and cultural diversity of the country. It shall ensure the greatest possible equality of opportunity among its citizens. It is committed to the long term preservation of natural resources and to a just and peaceful international order.
3. The Cantons are sovereign except to the extent that their sovereignty is limited by this Constitution. They exercise all rights not reserved to the Federation.
4. The official languages are Sani, Ama, Cisamarrese and Istvanistani.
5. All activities of the state are based on and limited by law. State activities must be conducted in the public interest and be proportionate to the ends sought. State institutions and private persons shall act in good faith. The Federation and the Cantons shall respect international law.
6. The principle of subsidiarity must be observed in the allocation and performance of state tasks.
7. All individuals shall take responsibility for themselve and shall, according to their abilities, contribute to achieving the tasks of the state and society, and shall be compensated according to their needs.
TITLE II. Fundamental Rights
8. Human dignity must be respected and protected.
9. Every person is equal before the law. No person may be discriminated against, in particular on grounds of origin, race, gender, gender identity, sexual orientation, age, language, social position, way of life, religious, ideological, or political convictions, or because of a physical, mental or psychological disability.
10. Men and women have equal rights. The law shall ensure their equality, both in law and in practice. Men and women have the right to equal pay for work of equal value.
11. Every person has the right to be treated by state authorities in good faith and in a non-arbitrary manner.
12. Every person has the right to life. The death penalty is prohibited. Criminal penalties shall be proportional to the severity of the crime committed, and be aimed towards rehabilitation and the protection of society.
13. Every person has the right to personal liberty and in particular to physical and mental integrity and to freedom of movement.
14. Torture and any other form of cruel, inhuman or degrading treatment or punishment are prohibited.
15. Persons in need and unable to provide for themselves have the right to assistance and care, and to the financial means required for a decent standard of living.
16. Every person has the right to privacy in their private and family life and in their home, and in relation to their mail and telecommunications. Every person has the right to be protected against the misuse of their personal data.
17. Freedom of religion and conscience is guaranteed. Every person has the right to choose freely their religion or their philosophical convictions, and to profess them alone or in community with others. Every person has the right to join or to belong to a religious community, and to follow religious teachings. No person may be forced to join or belong to a religious community, to participate in a religious act, or to follow religious teachings.
18. Freedom of expression and of information is guaranteed. Every person has the right freely to form, express, and impart their opinions. Every person has the right freely to receive information to gather it from generally accessible sources and to disseminate it.
19. Freedom of the press, radio and television and of other forms of dissemination of features and information by means of public telecommunications is guaranteed. Censorship is prohibited. The protection of sources is guaranteed.
20. The freedom use any language is guaranteed.
21. The right to an adequate and free basic education is guaranteed.
22. Freedom of research and teaching is guaranteed.
23. Freedom of artistic expression is guaranteed.
24. Freedom of assembly is guaranteed. Every person has the right to organise meetings and to participate or not to participate in meetings.
25. Freedom of association is guaranteed. Every person has the right to form, join or belong to an association and to participate in the activities of an association. No person may be compelled to join or to belong to an association.
26. Sanaman citizens have the right to establish their domicile anywhere in the country. They have the right to leave or to enter Sanama.
27. Sanaman citizens may not be expelled from Sanama and may only be extradited to a foreign authority with their consent. Refugees may not be deported or extradited to a state in which they will be persecuted. No person may be deported to a state in which they face the threat of torture, the death penalty, or any other form of cruel or inhumane treatment or punishment.
28. The right to own personal property is guaranteed. Personal ownership of natural resources, land, the means of production or any other such asset, is prohibited. This shall not be construed to prohibit self employment or family business.
29. Economic freedom is guaranteed. Economic freedom includes in particular the freedom to choose an occupation as well as the freedom to pursue a private economic activity.
30. Employees, employers and their organisations have the right to join together in order to protect their interests, to form associations and to join or not to join such associations. Disputes must wherever possible be resolved through negotiation or mediation. Strikes and lock outs are permitted if they relate to employment relations and if they do not contravene any requirements to preserve peaceful employment relations or to conduct conciliation proceedings.
31. Every person has the right to equal and fair treatment in judicial and administrative proceedings and to have their case decided within a reasonable time. Each party to a case has the right to be heard. Any person who does not have sufficient means has the right to free legal advice and assistance. If it is necessary in order to safeguard their rights, they also have the right to free legal representation in court. In a legal dispute, every person has the right to have their case determined by a judicial authority.
31a. Only the properly authorised, trained and democratically organised police forces of the Federation and the Cantons may exercise force against Sanaman citizens and residents. Each police force shall be supervised by councils of concerned citizens elected by the people. Such councils may recommend prosecution of suspected criminal acts committed by members of the police forces, and may also terminate their service.
31b. Members of the police forces shall in the exercise of their duties, and especially in the exercise of physical force, take into consideration their role as servants of the people and guardians of the public well-being and peace.
32. Any person whose case falls to be judicially decided has the right to have their case heard by a legally constituted, competent, independent and impartial court. Ad hoc courts are prohibited.
33. Unless otherwise provided by law, any person against whom civil proceedings have been raised has the right to have their case decided by a court within the jurisdiction in which they reside.
34. Unless the law provides otherwise, court hearings and the delivery of judgments shall be in public.
35. No person may be deprived of their liberty other than in the circumstances and in the manner provided for by the law. Any person deprived of their liberty has the right to be notified without delay and in a language they can understand of the reasons for their detention and of their rights. They must be given the opportunity to exercise their rights, in particular, the right to have their next-of-kin informed.
36. Any person in pre-trial detention has the right to be brought before a court without delay. The court decides whether the person must remain in detention or be released. Any person in pre-trial detention has the right to have their case decided within a reasonable time.
37. Any person who has been deprived of their liberty by a body other than a court has the right to have recourse to a court at any time. The court shall decide as quickly as possible on the legality of their detention.
38. Every person is presumed innocent until they have been found guilty by a legally enforceable judgment. Every accused person has the right to be notified as quickly and comprehensively as possible of the charge brought against them. They must be given the opportunity to assert their rights to a proper defence. Every convicted person has the right to have their conviction reviewed by a higher court, with the exception of cases in which the Federal Supreme Court sits at first instance.
39. Every person has the right, without prejudice, to petition the authorities. The authorities must acknowledge receipt of such petitions.
40. The guarantee of political rights protects the freedom of the citizen to form an opinion and to give genuine expression to his or her will.
41. Fundamental rights must be upheld throughout the legal system. Whoever acts on behalf of the state is bound by fundamental rights and is under a duty to contribute to their implementation. The authorities shall ensure that fundamental rights, where appropriate, apply to relationships among private persons.
42. Restrictions on fundamental rights must have a legal basis. Significant restrictions must have their basis in a federal act. The foregoing does not apply in cases of serious and immediate danger where no other course of action is possible. Restrictions on fundamental rights must be justified in the public interest or for the protection of the fundamental rights of others. Any restrictions on fundamental rights must be proportionate. The essence of fundamental rights is not to be violated.
TITLE III. Citizenship and Political and Social Rights
43. Any person who is a citizen of a Canton is a citizen of the Federation.
44. The Federation shall regulate the acquisition, deprivation and restoration of Sanaman citizenship.
45. The Federation shall regulate the exercise of political rights in federal matters, and the Cantons shall regulate their exercise in cantonal and communal matters. Political rights are exercised in the commune in which a citizen resides, although the Federation and the Cantons may provide for exceptions. No person may exercise their political rights contemporaneously in more than one Canton.
46. The Federation shall legislate on the rights and obligations of the Swiss abroad, in particular in relation to the exercise of political rights in the Federation, the fulfilment of the obligation to perform military or alternative service, welfare support and social security.
47. The Federation and the Cantons shall, as a complement to personal responsibility, endeavour to ensure that:
a. every person has access to social security;
b. every person has access to the health care that they require;
c. families are protected and encouraged as communities of adults and children;
d. every person who is fit to work can earn their living by working under fair conditions;
e. any person seeking accommodation for themselves and their family can find suitable accommodation on reasonable terms;
f. children and young people as well as persons of employable age can obtain an education and undergo basic and advanced training in accordance with their abilities;
g. children and young people are encouraged to develop into independent and socially responsible people and are supported in their social, cultural and political integration.
48. The Federation and Cantons shall endeavour to ensure that every person is protected against the economic consequences of old-age, invalidity, illness, accident, unemployment, maternity, being orphaned and being widowed.
TITLE IV. Powers of the Federation and the Cantons
49. The Federation shall fulfil the duties that are assigned to it by this constitution.
50. The Cantons decide on the duties that they must fulfil within the scope of their powers.
51. The Federation only undertakes tasks that the Cantons are unable to perform or which require uniform regulation by the Federation.
52. Universally provided services must made be available to every person in a comparable manner.
53. The Cantons shall implement federal law in accordance with this constitution and federal legislation. The Federation shall allow the Cantons all possible discretion to organise their own affairs and shall take account of cantonal particularities.
54. The Federation shall respect the autonomy of the Cantons. It shall leave the Cantons sufficient tasks of their own and respect their organisational autonomy. It shall leave the Cantons with sufficient sources of finance and contribute towards ensuring that they have the financial resources required to fulfil their tasks.
55. The Cantons may enter into agreements with each other and establish common organisations and institutions. In particular, they may jointly undertake tasks of regional importance together. The Federation may participate in such organisations or institutions within the scope of its powers. Agreements between Cantons must not be contrary to the law, to the interests of the Federation, to the rights of other Cantons or to the maintenance of social cohesion. The Federation must be notified of such agreements. The Cantons may by intercantonal agreement authorise intercantonal bodies to issue legislative provisions that implement an intercantonal agreement, provided the agreement:
a. has been approved under the same procedure that applies to other legislation;
b. determines the basic content of the provisions.
The Cantons shall comply with intercantonal law.
56. Federal law takes precedence over any conflicting provision of cantonal law. The Federation shall ensure that the Cantons comply with federal law.
57. The autonomy of the communes is guaranteed in accordance with cantonal law. The Federation shall take account in its activities of the possible consequences for the communes.
58. Each Canton shall adopt a democratic constitution. This requires the approval of the People and must be capable of being revised if the majority of those eligible to vote so request. A cantonal constitution shall not be contrary to federal law.
59. The Federation shall protect the constitutional order of the Cantons. It shall intervene when public order in a Canton is disrupted or under threat and the Canton in question is not able to maintain order alone or with the aid of other Cantons.
60. The Federation shall protect the existence and territory of the Cantons. Any change in the number of Cantons requires the consent of the citizens and the Cantons concerned together with the consent of the People and the Cantons. Any change in territory between Cantons requires the consent both of the Cantons concerned and of their citizens as well as the approval of the Federal Assembly in the form of a Federal Decree.
61. Inter-cantonal boundary adjustments may be made by agreement between the Cantons concerned.
62. Foreign relations is the responsibility of the Federation.
a. The Federation shall ensure that the independence and welfare of Sanama is guaranteed. It shall assist in the alleviation of need and poverty in the world and promote respect for human rights and democracy, the peaceful coexistence of peoples and the conservation of natural resources.
b. It shall respect the powers of the Cantons and protect their interests.
63. The Cantons shall be consulted on foreign policy decisions that affect their powers or their essential interests. The Federation shall inform the Cantons fully and in good time and shall consult with them. If the powers of the Cantons are affected, they shall participate in international negotiations in an appropriate manner.
64. A Canton may conclude treaties with foreign states on matters that lie within the scope of its powers. Such treaties must not conflict with the law or the interests of the Federation, or with the law of any other Cantons. The Canton must inform the Federation before concluding such a treaty.
65. A Canton may deal directly with lower ranking foreign authorities; in other cases, the Federation shall conduct relations with foreign states on behalf of a Canton.
66. The Federation and the Cantons shall within the scope of their powers ensure the security of the country and the protection of the population. They shall coordinate their efforts in the area of internal security.
67. Sanama shall have armed forces. In principle, the armed forces shall be organised as a militia. The armed forces serve to prevent war and to maintain peace; they defend the country and its population. They shall support the civilian authorities in safeguarding the country against serious threats to internal security and in dealing with exceptional situations. Further duties may be provided for by law.
68. The deployment of the armed forces is the responsibility of the Federation.
69. Every Sanaman citizen is required to do military service. Alternative civilian service shall be provided for by law. Any Sanaman citizen who does not do military or alternative service is liable to pay a tax. This tax is levied by the Federation and assessed and collected by the Cantons. The Federation shall legislate for fair compensation for loss of income.
70. Persons who suffer damage to their health or lose their lives while doing military or alternative civilian service are entitled to appropriate support from the Federation, whether for themselves or for their next of kin.
71. Armed forces legislation, together with the organisation, training and equipment of the armed forces, is the responsibility of the Federation.
72. The legislation on the civil defence of persons and property against the effects of armed conflicts is the responsibility of the Federation. The Federation shall legislate on the deployment of civil defence units in the event of disasters and emergencies. It may declare civil defence service to be compulsory for all citizens. The Federation shall legislate on fair compensation for loss of income.
73. Persons who suffer damage to their health or lose their lives while doing civil defence service are entitled to appropriate support from the Federation, whether for themselves or for their next of kin.
74. The Federation and the Cantons shall, within the scope of their powers, jointly ensure the high quality and accessibility of education in Sanama. They shall coordinate their efforts and ensure their cooperation through joint administrative bodies and other measures. They shall ensure in the fulfilment of their duties that general and vocational courses of study achieve equal recognition in society.
75. The Cantons are responsible for the system of school education. They shall ensure the provision of an adequate basic education that is available to all children. Basic education is mandatory, free of charge and is managed or supervised by the state.
76. The Cantons shall participate in the drafting of federal legislation on school education that affects cantonal responsibilities, and special account shall be taken of their opinions.
77. The Federation shall manage the Federal Institutes of Technology. It may establish, take over or manage additional universities and other higher education institutions. It shall support the cantonal universities and may make financial contributions to other higher education institutions that it recognises. The Federation and the Cantons are jointly responsible for the coordination and guarantee of quality in Swiss higher education. In fulfilling this responsibility, they shall take account of the autonomy of the universities and the various bodies responsible for them and ensure the equal treatment of institutions with the same functions.
78. The Federation shall promote scientific research and innovation. It may make its support conditional in particular on quality assurance and coordination being guaranteed. It may establish, take over or run research institutes.
79. The Federation shall compile the necessary statistical data on the status and trends in the population, the economy, society, education, research, the land and the environment in Sanama. It may issue regulations on the harmonisation and maintenance of official registers.
80. The Federation may support cultural activities of national interest as well as art and music, in particular in the field of education. In the fulfilment of its duties, it shall take account of the cultural and linguistic diversity of the country.
81. The official languages of the Federation are Sani, Ama, Istvanistani and Cisamarrese. The Cantons shall decide on their official languages. A language that is spoken as first language by more than a fifth of the population of a Canton should be considered an official language. In order to preserve harmony between linguistic communities, the Cantons shall respect the traditional territorial distribution of languages and take account of indigenous linguistic minorities. The Federation and the Cantons shall encourage understanding and exchange between the linguistic communities.
82. The Federation shall support measures by the Cantons to preserve and promote the Cisamarrese, Babkhi, Estarisan, Laqi, Passikaans and Yardistani languages.
83. The Federation and the Cantons may within the scope of their powers take measures to preserve public peace between the members of different religious communities.
84. The Federation and the Cantons shall endeavour to achieve a balanced and sustainable relationship between nature and its capacity to renew itself and the demands placed on it by the population.
85. The Federation shall legislate on the protection of the population and its natural environment against damage or nuisance. It shall ensure that such damage or nuisance is avoided. The costs of avoiding or eliminating such damage or nuisance are borne by those responsible for causing it. The Cantons are responsible for the implementation of the relevant federal regulations, except where the law reserves this duty for the Federation.
86. The Federation shall lay down principles on spatial planning. These principles are binding on the Cantons and serve to ensure the appropriate and economic use of the land and its properly ordered settlement.
87. The National Land Survey is the responsibility of the Federation.
88. The Federation shall within the scope of its powers ensure the economic use and the protection of water resources and provide protection against the harmful effects of water.
89. The Federation shall lay down principles on the conservation and exploitation of water resources, the use of water for the production of energy and for cooling purposes, as well as on other measures affecting the water-cycle. It shall legislate on water protection, on ensuring appropriate residual flow, on hydraulic engineering and the safety of dams, and on measures that influence precipitation.
90. The Cantons shall manage their water resources. They may levy charges for the use of water, subject to the limits imposed by federal legislation. The Federation has the right to use water for its transport operations subject to payment of a charge and compensation.
91. The Federation, in consultation with the Cantons concerned, shall decide on rights to international water resources and the charges for them. If Cantons are unable to agree on rights to intercantonal water resources, the Federation shall decide.
92. The Federation shall ensure that the forests are able to fulfil their protective, commercial and public amenity functions. It shall lay down principles on the protection and conservation of the forests.
93. The protection of natural and cultural heritage is the responsibility of the Cantons.
94. The Federation shall legislate on the protection of animal and plant life and on the preservation of their natural habitats and their diversity. It shall protect endangered species from extinction.
95. The Federation may in the interests of the country as a whole or a large part of it carry out and operate public construction works, or provide support for such construction works.
96. The Federation and the Cantons shall ensure that an adequate range of public transport services is provided on rail, roads, water and by cableway in all regions of the country. In doing so, appropriate account must be taken of the interests of rail freight transport.
97. The Federation shall legislate on road transport. It shall exercise oversight over roads of national importance; it may decide which transit roads must remain open to traffic. Public roads may be used free of charge. The Federal Assembly may authorise exceptions.
98. The Federation and the Cantons shall ensure that there is adequate road infrastructure in all regions of the country. The Federation shall ensure the construction of a network of national highways and guarantee that they remain useable. It shall construct, operate and maintain the national highways. It shall bear the costs thereof.
99. The legislation on rail transport, cableways, shipping, aviation and space travel is the responsibility of the Federation.
100. Within the scope of their powers, the Federation and the Cantons shall endeavor to ensure a sufficient, diverse, safe, economic and environmentally sustainable energy supply as well as the economic and efficient use of energy. The Cantons shall be primarily responsible for measures relating to the use of energy in buildings.
101. The Federation is responsible for legislation in the field of nuclear energy. It shall legislate on the transport and the supply of electrical energy. It is responsible for legislation on transmission and distribution systems for the transport of liquid or gaseous fuels.
102. The Federation is responsible for postal and telecommunications services. The Confederation shall ensure the adequate, universal and reasonably priced provision of postal and telecommunications services in all regions of the country. The rates shall be fixed according to standard principles.
103. The Federation is responsible for legislation on radio and television as well as on other forms of public broadcasting of features and information. Radio and television shall contribute to education and cultural development, to the free shaping of opinion and to entertainment. They shall take account of the particularities of the country and the needs of the Cantons. They shall present events accurately and allow a diversity of opinions to be expressed appropriately.
104. The independence of radio and television as well as their autonomy in deciding on programming is guaranteed.
105. Account must be taken of the role and duties of other media, in particular the press. Complaints about programmes may be submitted to an independent complaints authority.
TITLE V. The Economy
106. The Federation and the Cantons shall respect economic freedom, while protecting the people, society and state against the negative consequences of private ownership.
107. The Federation and the Cantons shall safeguard the interests of the Sanaman economy as a whole and shall contribute to the welfare and economic security of the people.
108. Divergence from the principle of economic freedom shall be reasonable, reasoned and based in law.
109. The Federation may legislate on professional activities in the private sector. It shall seek to create a unified Sanaman economic area. It shall guarantee that persons with an academic qualification or with a federal or cantonal educational qualification or an educational qualification recognised by a Canton are able to practise their profession throughout Sanama.
110. The Federation and the Cantons shall encourage the formation and sustainability of cooperative economic endeavors and shall aim for a private sector dominated by such endeavors.
111. Private endeavors whose revenue wholly or substantially come from public funds shall reinvest all profits in their endeavor or, if such reinvestment is not possible, return the excess profits to the state.
112. The Federation and the Cantons may establish public monopolies if needed to protect public safety, national security, the well-being of the people or any other matter of national or cantonal importance.
113. The Federation shall legislate against the damaging effects in economic or social terms of cartels and other restraints on competition. It shall take measures to protect consumers.
114. The Federation shall legislate on the banking system, the financial sector and private insurance. In doing so, it shall take into account the special function and role of cantonal banks.
115. The Federation is responsible for money and currency. The Federation has the exclusive right to issue coins and banknotes. It may also adopt a foreign currency as the official currency of Sanama.
116. The Sanaman Federal Bank shall pursue a monetary policy that serves the overall interests of the country, with special focus on employment and the social and economic well-being of the people. It shall be under the supervision of the Federation.
117. The Federation shall take measures to achieve balanced economic development, and in particular to prevent and combat unemployment and inflation. It shall take account of economic development in individual regions of the country. It shall cooperate with the Cantons and the business community.
118. The Federation, the Cantons and the communes shall take account of the economic situation in their revenue and expenditure policies.
119. The Federation shall safeguard the interests of the Sanaman economy abroad.
120. The Federation shall ensure that the country is supplied with essential goods and services in the event of the threat of politico-military strife or war, or of severe shortages that the economy cannot by itself counteract. It shall take precautionary measures to address these matters.
121. The Federation shall ensure that agricultural sector, by means of a sustainable production policy, makes an essential contribution towards:
a. the reliable provision of the population with foodstuffs;
b. the conservation of natural resources and the upkeep of the countryside;
c. decentralised population settlement of the country.
122. The legislation on the import of alcohol is the responsibility of the Federation. The legislation on the manufacture, rectification and sale of alcohol is the responsibility of the Cantons. The Federation and the Cantons shall in particular take account of the harmful effects of alcohol consumption.
123. The Federation shall legislate against the misuse of weapons and their accessories and ammunition. It shall also legislate on how people and other entities obtain, use and dispose of weapons and ammunition. It shall legislate on the manufacture, procurement and sale of war material as well as the import, export and transit of such material.
124. The Federation shall legislate on the universal basic income provided to all Sanaman citizens. In doing so it shall cooperate with the Cantons and take their views into consideration.
TITLE VI. Further Federal and Cantonal Powers
125. The Federation and the Cantons shall within the scope of their powers ensure the adequate provision of high quality primary medical care that is accessible to all. Access to healthcare shall be considered a personal right of every Sanaman citizen.
126. The Federation shall, within the limits of its powers, take measures for the protection of health.
127. The Federation shall legislate on research on human beings where this is required in order to protect their dignity and privacy. In doing so, it shall preserve the freedom to conduct research and shall take account of the importance of research to health and society.
128. Human beings shall be protected against the misuse of reproductive medicine and gene technology. The Federation shall legislate on the use of human reproductive and genetic material. In doing so, it shall ensure the protection of human dignity, privacy and the family.
129. The Federation is responsible for legislation on entry to and exit from Sanama, the residence and the permanent settlement of foreign nationals and on the granting of asylum. Foreign nationals may be expelled from Sanama if they pose a risk to the security of the country.
130. Sanama shall control the immigration of foreign nationals. The number of residence permits for foreign nationals in Sanama shall be restricted by annual quantitative limits and quotas. The quantitative limits apply to all permits issued under legislation on foreign nationals. The right to permanent residence, family reunification and social benefits may be restricted.
131. The annual quantitative limits and quotas for foreign nationals in gainful employment must be determined according to Sanama's general economic interests, while giving priority to Sanaman citizens; the limits and quotas must include crossborder commuters. The decisive criteria for granting residence permits are primarily a application from an employer, ability to integrate, and adequate, independent means of subsistence.
132. The Cantons shall endeavor to harmonise their legislation in the fields of civil and criminal law.
133. The Federation may create civil and criminal law within the scope of its powers and to fill gaps in Cantonal legislation.
134. The Federation is responsible for legislation on weights and measures.
135. The Federation shall maintain its income and expenditures in balance over time.
136. The Federation may levy a direct tax on individuals and economic entities. The Federation and the Cantons shall endavor to harmonise their taxes.
137. The Federation shall regulate inter-Cantonal commerce and shall legislate in this matter within the scope of its powers.
138. The Federation is responsible for legislation on customs duties and other duties on the cross-border movement of goods.
139. The Federation shall issue regulations on the equitable equalisation of financial resources and burdens between the Federation and the Cantons as well as among the Cantons.
TITLE VII. Direct Popular Participation
140. All Sanaman citizens over the age of eighteen, unless they lack legal capacity due to mental illness or mental incapacity, have political rights in federal matters. All citizens have the same political rights and duties. They may participate in elections to the National Council and in federal popular votes, and launch or sign popular initiatives and requests for referendums in federal matters.
141. The political parties shall contribute to forming the opinion and will of the People.
142. Any 100,000 persons eligible to vote may within 18 months of the official publication of their initiative propose a total revision of the Federal Constitution. This proposal must be submitted to a vote of the People.
143. Any 100,000 persons eligible to vote may within 18 months of the official publication of their initiative request a partial revision of the Federal Constitution. A popular initiative for the partial revision of the Federal Constitution must take the form of a specific draft of the provisions proposed.
If the initiative fails to comply with the requirements of consistency of form, and of subject matter, or if it infringes mandatory provisions of international law, the Federal Assembly shall declare it to be invalid in whole or in part.
The initiative shall be submitted to the vote of the People and the Cantons. The Federal Assembly shall recommend whether the initiative should be adopted or rejected. It may submit a counter-proposal to the initiative.
144. The People vote on the initiative and the counter-proposal at the same time. The People must only vote for one proposal.
145. The following must be put to the vote of the People and the Cantons:
a. Amendments to the Federal Constitution;
b. Accession to organisations for collective security or to supranational communities;
c. International treaties;
d. Emergency federal acts that are not based on a provision of the Constitution and whose term of validity exceeds one year; such federal acts must be put to the vote within one year of being passed by the Federal Assembly.
146. The following are submitted to a vote of the People:
a. Popular initiatives for a total revision of the Federal Constitution;
b. The question of whether a total revision of the Federal Constitution should be carried out, in the event that there is disagreement between the two houses of the Federal Assembly.
147. If within 100 days of the official publication of the enactment any 50,000 persons eligible to vote or any fifteen Cantons request it, the following shall be submitted to a vote of the People:
a. federal acts;
b. emergency federal acts whose term of validity exceeds one year;
c. federal decrees, provided the Constitution or an act so requires;
d. international treaties that:
1. are of unlimited duration and may not be terminated,
2. provide for accession to an international organisation,
3. contain important legislative provisions or whose implementation requires the enactment of federal legislation.
148. Proposals that are submitted to the vote of the People are accepted if a majority of those who vote approve them.
149. Proposals that are submitted to the vote of the People and the Cantons are accepted if a majority of those who vote and a majority of the Cantons approve them. The result of a popular vote in a Canton determines the vote of the Canton.
TITLE VIII. Federal Authorities
150. Any person eligible to vote may be elected to the Federal Assembly, the Federal Council or the Federal Supreme Court.
151. No member of the Federal Assembly, the Federal Council or judge of the Federal Supreme Court may at the same time be a member of any other of these bodies. No member of the Federal Council or full-time judges of the Federal Supreme Court may hold any other federal or cantonal office or undertake any other gainful economic activity.
152. The law may provide for further forms of incompatibility.
153. The members of the National Council and of the Federal Council as well as the Federal Chancellor are elected for a term of office of four years. Judges of the Federal Supreme Court have a term of office of six years.
154. The Federation shall be liable for damage or loss unlawfully caused by its organs in the exercise of official activities.
155. The Cantons, the political parties and interested groups shall be invited to express their views when preparing important legislation or other projects of substantial impact as well as in relation to significant international treaties.
156. Subject to the rights of the People and the Cantons, the Federal Assembly is the supreme authority of the Federation.
157. The Federal Assembly comprises two councils, the National Council and the Council of Cantons; both councils shall be of equal standing.
158. The National Council is composed of 400 representatives of the People. The representatives are elected directly by the People according to a system of proportional representation. A general election is held every four years. Each Canton has at least one seat.
159. The Council of Cantons is composed of 69 representatives of the Cantons. Each Canton elects one representative. The Cantons determine the rules for the democratic election of their representative to the Council of Cantons.
160. The Councils convene in session regularly. The convening of sessions is governed by law. The Federal Council or one quarter of the members of either Council may request that the Councils be convened for an extraordinary session.
161. Each Council elects a President from its members for a term of one year, together with a first Vice-President and a second Vice-President. Re-election for the following year is not permitted.
162. Each Council forms committees from its members. The law may provide for joint committees. The law may delegate specific powers, which may not be legislative in their nature, to committees.
163. In order to fulfil their duties, the committees have the right to information and to inspect documents and the power to conduct investigations. The extent of such rights and powers is governed by the law.
164. The members the Federal Assembly may form parliamentary groups.
165. The Federal Assembly has parliamentary services at its disposal. It may call on the services of offices of the Federal Administration. The details are regulated by law.
166. The proceedings of the National Council and Council of Cantons take place separately. Decisions of the Federal Assembly require the agreement of both Councils. When the Councils cannot agree on a measure, they shall negotiate using a conference committee with an equal number of members from each Council.
167. The law shall provide rules for the mandatory passage of an annual budget.
168. The National Council and the Council of Cantons hold joint proceedings as the United Federal Assembly under the presidency of the Speaker of the National Council in order to:
a. Conduct elections;
b. Decide on conflicts of jurisdiction between the highest federal authorities;
c. Decide on applications for pardon.
The United Federal Assembly also convenes for special events and to hear declarations made by the Federal Council.
169. Meetings of the Councils are held in public. The law may provide for exceptions.
170. The Councils are quorate if a majority of their members is present. Decisions are taken in both Councils and in the United Federal Assembly by the majority of those who vote. However, the consent of an absolute majority of the members of each of the two Councils is required for a declaration that a federal act is urgent.
171. Any Council member, parliamentary group, parliamentary committee or Canton has the right to submit an initiative to the Federal Assembly. Council members and the Federal Council have the right to submit motions on business that is under discussion.
172. No member of the Federal Assembly may vote on the instructions of another person. Members must disclose their links to interest groups.
173. The members of the Federal Assembly and the Federal Council as well as the Federal Chancellor may not be held liable for statements that they make in the Assembly or its organs. The law may provide for further forms of immunity and extend its scope to include other persons.
174. The Federal Assembly shall enact provisions that establish binding legal rules in the form of federal acts or ordinances. Other enactments are promulgated in the form of a federal decree; a federal decree that is not subject to a referendum is known as a "simple federal decree".
175. All significant provisions that establish binding legal rules must be enacted in the form of a federal act. These include in particular fundamental provisions on:
a. the exercise of political rights;
b. the restriction of constitutional rights;
c. the rights and obligations of persons;
d. those liable to pay tax as well as the subject matter and assessment of taxes and duties;
e. the duties and services of the Federation;
f. the obligations of the Cantons in relation to the implementation and enforcement of federal law;
g. the organisation and procedure of the federal authorities.
Legislative powers may be delegated by federal act unless this is prohibited by the Federal Constitution.
176. Federal acts whose coming into force cannot be delayed (emergency federal acts) may be declared urgent by an absolute majority of the members of each of the two Councils and be brought into force immediately. Such acts must be of limited duration. If a referendum is requested on an emergency federal act, the act must be repealed one year after being passed by the Federal Assembly if it has not in the meantime been approved by the People. An emergency federal act that does not have the Constitution as its basis must be repealed one year after being passed by the Federal Assembly if it has not in the meantime been approved by the People and the Cantons. Any such act must be of limited duration. An emergency federal act that is not approved in a popular vote may not be renewed.
177. The Federal Assembly shall participate in shaping foreign policy and supervise the maintenance of foreign relations. It shall approve international treaties, with the exception of those that are concluded by the Federal Council under a statutory provision or an international treaty.
178. The Federal Assembly determines the expenditure of the Federation, adopt the budget and approve the federal accounts.
179. The Federal Assembly elects the members of the Federal Council, the Federal Chancellor, the judges of the Federal Supreme Court and the Commander-in-Chief of the armed forces. The law may authorise the Federal Assembly to make or confirm other appointments.
180. The Federal Assembly exercises oversight over the Federal Council and the Federal Administration, the federal courts and other bodies entrusted with the tasks of the Federation. Official secrecy does not apply in dealings with the special delegations of supervisory committees that are established under the law.
181. The Federal Assembly shall ensure that federal measures are evaluated with regard to their effectiveness.
182. The Federal Assembly may assign functions to the Federal Council. The details are regulated by law, and in particular the means by which the Federal Assembly may intervene in matters that fall within the remit of the Federal Council.
183. The Federal Assembly shall ensure the maintenance of good relations between the Federation and the Cantons. It shall guarantee the cantonal constitutions. It shall decide whether to approve intercantonal agreements and treaties between Cantons and foreign countries where the Federal Council or a Canton raises an objection to any such treaty.
184. The Federal Assembly has the following additional duties and powers:
a. Taking measures to safeguard external security and the independence and neutrality of Sanama.
b. Taking measures to safeguard internal security.
c. If extraordinary circumstances require, issuing ordinances or simple federal decrees in order to fulfil its duties under letters (a) and (b).
d. Regulating active service and mobilising the armed forces or sections thereof for this purpose.
e. Taking measures to enforce federal law.
f. Ruling on the validity of popular initiatives that meet the formal requirements.
g. Participating in the general planning of state activities.
h. Deciding on individual acts where a federal act expressly so provides.
i. Deciding on conflicts of jurisdiction between the highest federal authorities.
k. Issuing pardons and deciding on amnesties.<br
The Federal Assembly also deals with matters that fall within the remit of the Federation and are not the responsibility of any other authority. Other duties and powers may be delegated by law to the Federal Assembly.
185. The Federal Council is the supreme governing and executive authority of the Federation.
186. The Federal Council has nine members.
187. The members of the Federal Council are elected by the Federal Assembly following each general election to the National Council. They are elected for a term of office of four years. Any Sanaman citizen eligible for election to the National Council may be elected to the Federal Council. In electing the Federal Council, care must be taken to ensure that the various geographical and language regions of the country are appropriately represented.
188. The President of the Federation chairs the Federal Council. The President and the Vice-President of the Federal Council are elected by the Federal Assembly from the members of the Federal Council for a term of office of one year. Re-election for the following year is not permitted. The President may not be elected Vice-President for the following year.
189. The Federal Council reaches its decisions as a collegial body. For the purposes of preparation and implementation, the business of the Federal Council is allocated to its individual members according to department. Business may be delegated to and directly dealt with by departments or their subordinate administrative units; in such cases, the right to legal recourse is guaranteed.
190. The Federal Council is in charge of the Federal Administration. It ensures that it is organised appropriately and that it fulfils its duties effectively. The Federal Administration is organised into Departments; each Department is headed by a member of the Federal Council. Administrative tasks may by law be delegated to public or private organisations, entities or persons that do not form part of the Federal Administration.
191. The Federal Chancellery is the general administrative office of the Federal Council. It is headed by a Federal Chancellor.
192. The Federal Council decides on the objectives of federal government policy and the means by which they should be achieved. It plans and coordinates state activities. It informs the general public fully and in good time about its activities, unless overriding public or private interests prevent this.
193. The Federal Council submits drafts of Federal Assembly legislation to the Federal Assembly.
194. The Federal Council enacts legislative provisions in the form of ordinances, provided it has the authority to do so under the Constitution or the law. It ensures the implementation of legislation, the resolutions of the Federal Assembly and the judgments of federal judicial authorities.
195. The Federal Council draws up the financial plan and the draft budget and prepare the federal accounts. It ensures orderly financial management.
196. The Federal Council is responsible for foreign relations, subject to the right of participation of the Federal Assembly; it represents Sanama abroad. It signs and ratifies international treaties. It submits them to the Federal Assembly for approval. Where safeguarding the interests of the country so requires, the Federal Council may issue ordinances and rulings. Ordinances must be of limited duration.
197. The Federal Council takes measures to safeguard external security, independence and neutrality of Switzerland. It takes measures to safeguard internal security. It may in direct application of this Article issue ordinances and rulings in order to counter existing or imminent threats of serious disruption to public order or internal or external security. Such ordinances must be limited in duration. In cases of emergency, it may mobilise the armed forces. Where it mobilises more than 10,000 members of the armed forces for active service or where the deployment of such troops is expected to last for more than two months, the Federal Assembly must be convened without delay.
198. The Federal Council is responsible for maintaining relations between the Federation and the Cantons and collaborates with the latter. It may approve cantonal legislation when required to do so by federal law. It may object to treaties between Cantons or between Cantons and foreign countries. It ensures compliance with federal law, as well as the cantonal constitutions and cantonal treaties and takes the measures required to fulfil this duty.
199. The Federal Council also has the following duties and powers:
a. Supervising the Federal Administration and the other bodies entrusted with federal duties.
b. Reporting regularly to the Federal Assembly on the conduct of its business as well as on the situation in Sanama.
c. Making appointments that do not fall within the remit of other authorities.
d. Dealing with appeals, where the law so provides.
Other duties and powers may be delegated by law to the Federal Council.
200. The Federal Supreme Court is the supreme judicial authority of the Federation. Its organisation and procedure are governed by law. The Federal Supreme Court has its own administration.
201. The Federal Supreme Court hears disputes concerning violations of federal law, international law, inter-cantonal law, cantonal constitutional rights, the autonomy of the communes and other cantonal guarantees in favour of public law corporations and federal and cantonal provisions on political rights.
It hears disputes between the Federation and Cantons or between Cantons. The jurisdiction of the Federal Supreme Court may be extended by law. Acts of the Federal Assembly or the Federal Council may not be challenged in the Federal Supreme Court. Exceptions may be provided for by law.
202.The Federal Supreme Court and the other judicial authorities apply the federal acts and international law.
203. Access to the Federal Supreme Court is guaranteed by law. For disputes that do not relate to a legal issue of fundamental importance, the law may stipulate a threshold for the amount in dispute. The law may exclude access to the Federal Supreme Court in relation to specific matters. The law may provide for a simplified procedure for appeals that are manifestly unfounded.
204. The Federation shall appoint a criminal court, which hears at first instance criminal cases that by law come under federal jurisdiction. The law may confer further powers on the Federal Criminal Court. The Federation shall appoint judicial authorities to hear public law disputes that come under the jurisdiction of the Federal Administration. The law may provide for further federal judicial authorities.
205. The Cantons shall appoint judicial authorities to judge civil and public law disputes and criminal law cases. They may appoint joint judicial authorities.
206. The judicial authorities are independent in the exercise of their judicial powers and are bound only by the law.
207. The Federal Constitution may be totally or partially revised at any time. Unless the Federal Constitution and the legislation based on it provides otherwise, any revision of the Federal Constitution is made by the legislative process.
TITLE IX. Constitutional Revision
208. A total revision of the Federal Constitution may be proposed by the People or by either of the two Councils or be decreed by the Federal Assembly. If the initiative emanates from the People or if the two Councils are unable to agree, the People decide on whether a total revision should be carried out. If the People vote for a total revision, new elections shall be held to both Councils. The mandatory provisions of international law must not be violated.
209. A partial revision of the Federal Constitution may be requested by the People or decreed by the Federal Assembly. The partial revision must respect the principle of cohesion of subject matter and must not violate mandatory provisions of international law. The popular initiative for partial revision must also respect the principle of consistency of form.
210. The totally or partly revised Federal Constitution comes into force when it is approved by the People and the Cantons.
