Cameron Miranda
Switzerland's legal system is a federal structure with three political levels: the Federal Constitution, the Cantons, and the Municipalities (Local Authorities). The Federal Constitution is the supreme law of the land and contains the most important rules for the functioning of the state. The Swiss legal system is a mix of civil law and customary law, with federal laws, ordinances, and international and intercantonal treaties. The Swiss Federal Judiciary is composed of the Swiss Federal Tribunal, the Swiss Federal Criminal Court, and the Swiss Federal Administrative Court. While Switzerland's legal system shares some similarities with common law systems, it is primarily a civil law system, which is a codified system of law whose sources are the decisions in cases made by judges.
| Characteristics | Values |
|---|---|
| Type of legal system | Civil law |
| Basis of the legal system | Federal Constitution |
| Number of official languages | 3 |
| Number of political levels | 3 |
| Number of cantons | 26 |
| Number of half-cantons | 23 |
| Number of years of legal education | 4 |
| Number of years of legal education under the Bologna system | 3 |
| Number of years of study for a master's degree | 2 |
| Number of judges in the Swiss Federal Tribunal | 3 or 5 |
| Number of years of term for federal judges | 6 |
| Age of consent for homosexual acts as of 1990 | 20 |
| Age of consent for heterosexual acts as of 1990 | 16 |
| Maximum daily rate for fines for prison sentences under a year | CHF 3000 |
| Most frequently chosen governing law in international contracts | Second |
| Percentage of contracts providing for the application of Swiss law | 10.09% |
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What You'll Learn
Switzerland has a federal structure
Switzerland is a federal state, one of 23 in the world, and the second oldest after the United States of America. It is a Confederation of 26 cantons and half-cantons (states). The Federal Constitution is the legal foundation of the Confederation and contains the most important rules for the functioning of the state. It guarantees the basic rights of the people and public participation, and it defines the responsibilities of the authorities.
Switzerland's federal structure is made up of three different political levels. The first level is the Municipalities (Local Authorities), which are subordinated to the second level, the Cantons, although they are granted a certain degree of autonomy. The Cantons are sovereign except when their sovereignty is limited by the Federal Constitution. They exercise all rights that are not vested in the Confederation. The Confederation, which forms the third level, has authority in all areas in which it is specifically empowered by the Federal Constitution. This includes foreign and security policy, customs and monetary policy, and legislation that is valid throughout the country.
The Swiss Federal Judiciary is composed of the Swiss Federal Tribunal (Supreme Court of Switzerland), the Swiss Federal Criminal Court, and the Swiss Federal Administrative Court. The Swiss Federal Tribunal acts as an appellate court, reviewing cases previously decided by lower federal and/or cantonal courts. The Swiss Federal Criminal Court acts as a trial court of first instance in certain matters of federal criminal law, specifically attributed to federal jurisdiction. The Swiss Federal Administrative Court acts as an appellate body, reviewing decisions of the Swiss Federal Administration and, in some cases, of cantonal authorities.
Switzerland's legal system is shaped by its unique history and incorporates individual variations. Swiss law is often characterised as adopting a ""subjective" approach, focusing on the real intentions of the parties involved. In contrast, common law systems, including the English law approach, are often described as taking an "objective" stance, prioritising the terms of the contract and eschewing extrinsic evidence.
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Swiss law is a subjective approach
Switzerland has a federal structure with three different political levels: the Municipalities (Local Authorities), the Cantons, and the Confederation. The Federal Constitution is the legal foundation of the Confederation and contains the most important rules for the functioning of the Swiss state. It guarantees the basic rights of the people and their participation in public affairs.
Swiss law is a set of rules that constitute the law in Switzerland. The Federal law consists of the Federal Constitution, the principle of subsidiarity, and the Title 3 Confederation, Cantons, and Communes. The Cantons of Switzerland are sovereign except when their sovereignty is limited by the Federal Constitution.
Swiss law is considered a subjective approach, in contrast to the objective approach of common law systems like English law. The subjective approach focuses on the real intentions of the parties involved, rather than solely on the terms of the contract. This is particularly evident in contract interpretation, where Swiss law takes into account how a reasonable person would interpret the wording of a written contract. This makes Swiss law more flexible and adaptable to the specific context of each case.
The Swiss Federal Judiciary is composed of the Swiss Federal Tribunal (Supreme Court of Switzerland), the Swiss Federal Criminal Court, and the Swiss Federal Administrative Court. These courts handle cases at the federal level, while lower federal and cantonal courts handle cases at the regional and local levels. Federal judges are appointed by the Federal Assembly (both chambers of Parliament) for six-year terms.
While Swiss law is considered a subjective approach, it is important to note that the country's legal system is shaped by its unique history and incorporates individual variations. The relationship between statutes and judicial decisions can be complex, and the country's legal principles have evolved over time.
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Swiss criminal law has evolved
Switzerland is a federal state, a confederation of 26 cantons and half-cantons (states). The Swiss legal system is based on a federal structure with three different political levels: the Federal level, the Cantons, and the Municipalities (Local Authorities). The Federal Constitution is the legal foundation of the Confederation. It contains the most important rules for the functioning of the state, guarantees the basic rights of the people and their participation in public life, and defines the responsibilities of the authorities.
Switzerland's Criminal Procedure Code, enacted on January 1, 2011, uniformly regulates criminal procedure law in the country. Before this, the Swiss legal system included 26 cantonal codes of criminal procedure and a federal Criminal Procedure Code for specific offenses under federal jurisdiction. The current code maintains separate Criminal Procedure Codes for military criminal law and juvenile criminal law.
The Swiss Criminal Code governs substantive criminal law, which outlines the rights and duties of individuals, defines criminal behaviors, categorizes crimes by severity, and specifies corresponding punishments. Procedural criminal law, also known as formal criminal law, details the processes for enforcing substantive criminal law.
Notable changes to Swiss criminal law over time include the abolition of capital punishment and the legalization of homosexual acts between adults. The code has been revised multiple times since 1942, with the most recent revision (as of 2010) introducing the option to convert short prison sentences (less than one year) into fines calculated based on an individual's personal and economic situation. This revision has led to controversy, as lighter offenses not punishable by imprisonment now consistently result in unconditional fines.
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Swiss law school requirements
Switzerland's legal system is based on civil law, which is statute-based and independent of other government branches. Law-making power lies with the country's 26 states, or cantons, except when expressly stated by its Constitution as belonging to the federal authorities.
To enter a Swiss law school, you usually need to have graduated from high school ("Matura"/"Maturité fédérale"). The high school diploma obtained must be equivalent to a Swiss certificate in terms of hours, duration, and subjects. Some law programs are delivered in German, so a C1 level of German competence is required. Other programs are conducted in English.
With the new "Bologna" system being implemented in Switzerland, after three years of study, a bachelor's degree is delivered, with which one can work as a lawyer or train as an attorney. After two more years of study (not mandatory but generally recommended), a master's degree is obtained, which is required to be admitted to the bar.
Lausanne Law School offers Bachelor's students a general course in law without further subjects. Master's students can choose a law specialization. The University of Bern offers programs in Legal Theory and History of Law, Public Law, Private Law, Penal Law, and Economic Law. Geneva Law School offers several programs with a strong emphasis on International Law and Comparative Law. The University of Zurich offers a program in International Business Law. The Graduate Institute, Geneva, or "IHEID", is Europe's oldest school of international affairs and offers a new LL.M. in public international law, with various specializations.
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Swiss Federal Judiciary
Switzerland is a federal state with a federal structure that consists of three different political levels: the Municipalities (Local Authorities), the Cantons, and the Confederation. The Federal Constitution is the legal foundation of the Confederation, which guarantees the basic rights of the people and the participation of the public. The Swiss Federal Judiciary is composed of the Swiss Federal Tribunal (also known as the Federal Supreme Court of Switzerland), the Swiss Federal Criminal Court, and the Swiss Federal Administrative Court.
The Swiss Federal Tribunal acts as an appellate court, reviewing cases previously decided by lower federal and/or cantonal courts. The Tribunal does not have the power to strike down unconstitutional laws. The Swiss Federal Criminal Court acts as a trial court of first instance in specific matters of federal criminal law under federal jurisdiction. The Swiss Federal Administrative Court acts as an appellate body, reviewing decisions of the Swiss Federal Administration and, in some cases, cantonal authorities. Federal judges are appointed by the Federal Assembly (both chambers of Parliament) for six-year terms and can be re-elected an unlimited number of times, although there is an upper age limit of 68.
The Federal Supreme Court of Switzerland is the supreme court of the Swiss Confederation and the head of the Swiss judiciary. It is headquartered in Lausanne in the canton of Vaud, with some divisions located in Lucerne. The Court is composed of 38 ordinary and 19 substitute judges, assisted by 350 other employees, and is represented externally by its president. The Federal Assembly elects 40 justices to the Court, which issues final rulings on disputes between individuals, cantons, individuals and the government, and cantons and federal authorities. The Court examines the uniform application of federal law by the cantonal and federal courts of lower instance, protecting the rights that citizens have under the Federal Constitution.
The Swiss legal system is based on a codified civil law, with the Swiss Civil Code of 1912 serving as a model for the administration of justice in many countries. Each canton elects and maintains its own magistracy for ordinary civil and criminal trials, while supreme judicial power is vested in the Federal Supreme Court.
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Frequently asked questions
No. Switzerland is a Confederation of 26 cantons and half-cantons (states) with a federal structure. Swiss law is a set of rules and a hierarchy of political levels that reflect the legal and constitutional character of the country. The Swiss legal system is based on civil law, which is the most widespread in the world by landmass and population. Common law systems, on the other hand, are employed by the greatest number of people compared to any single civil law system.
Common law and equity systems derive their sources from the decisions made in cases by judges, whereas civil law systems are based on codifications in a constitution or statute passed by a legislature. Common law is often described as an "objective" approach that focuses on the terms of a contract and avoids extrinsic evidence, while civil law systems like Switzerland's are considered more "subjective," focusing on the intentions of the parties involved.
Common law systems developed in England and were influenced by Anglo-Saxon law. The United States of America is the oldest federal state in the world, and its legal system is based on common law.
