The evolution of Switzerland from its origins to the 20th century

De Baripedia

Based on a course by Victor Monnier[1][2][3]

Switzerland's legal development from the beginning of its history to the twentieth century is a fascinating and complex story, characterised by continuous adaptations and major reforms. This evolution reflects the way in which a country at the crossroads of diverse European cultural and political influences has shaped a unique legal system, skilfully balancing tradition and innovation. From its early roots as a confederation of independent cantons, with diverse and local legal systems, to the emergence of a unified and modern federal legal framework, Switzerland has undergone a significant legal transformation. This legal history is not only one of the creation of laws and regulations, but also of the constant search for a balance between regional autonomy and national cohesion, all in the context of an ever-changing European environment. Examining this legal evolution helps us to understand how Switzerland has established a legal system that respects both its diverse local traditions and its commitment to democratic principles and the rule of law.

State confederation from the 13th century to 1798[modifier | modifier le wikicode]

The Confederation of the 13th cantons and its allies in the 18th century.

Switzerland before 1798 was a unique and diverse political and social landscape. This era, preceding the French invasion and the creation of the Helvetic Republic, was marked by a mosaic of sovereign cantons, each with its own governance and traditions. The Thirteen Cantons, such as Zurich, Bern and Lucerne, formed the heart of the Swiss Confederation, reflecting a variety of political systems that demonstrated the independence and autonomy of each region.

In addition to the sovereign cantons, the Confederation included allied territories such as Geneva, Neuchâtel, Valais and the Prince Abbot of St Gallen. These regions, while linked to the Confederation, retained a degree of autonomy and had distinct political structures. For example, Geneva, famous for its role in the Protestant Reformation with figures such as Jean Calvin, enjoyed a special status as an independent republic before becoming a Swiss canton in 1815. The diversity of political systems within the Confederation was remarkable. In Obwalden and Appenzell, for example, a form of direct democracy prevailed, where the people took important decisions directly at open gatherings known as Landsgemeinde. This tradition of direct democracy is deeply rooted in Swiss political culture and continues to influence the Swiss political system today.

Other cantons, such as Basel and Fribourg, adopted oligarchic regimes in which a small group of influential citizens wielded power. These structures often reflected the economic interests and social hierarchies of the time. For example, the city of Basel, with its rich history of trade and banking, was governed by an economic elite that played a key role in political decision-making. Diversity also extended to the monarchical and ecclesiastical regimes. Neuchâtel, for example, was ruled by the Princes of Neuchâtel, a noble family who maintained a monarchical regime. Similarly, in Valais, power was held by religious authorities, illustrating how religion and politics were often interconnected in pre-1798 Switzerland.

This period of Swiss history, with its political complexity and cultural diversity, laid the foundations for modern Switzerland. Events at the end of the 18th century, notably the French invasion in 1798, marked a period of radical change, leading to the centralisation and unification of Switzerland under the Helvetic Republic. However, the cantons' spirit of autonomy and diversity continued to influence Switzerland's political and social development, shaping the country as we know it today.

Switzerland before 1798 was not only a collection of sovereign and allied cantons, but also included subject territories. These territories were under the domination of one or more sovereign cantons, making them distinct from independent or allied cantons. This complex territorial configuration reflects the fragmented and hierarchical nature of Switzerland's political structure at the time. A striking example of this dynamic was the situation in Geneva. While the city of Geneva was a sovereign entity, recognised for its importance in the Protestant Reformation movement and its status as an intellectual and cultural centre, its surrounding countryside was subject to the domination of various cantons. This duality between the sovereign city and its subject territories reflects the complexity of political and territorial relations within the Swiss Confederation.

Other regions, such as the Pays de Vaud, also illustrate this dynamic. Before becoming an independent canton in 1803, the Pays de Vaud was subject to the domination of the canton of Bern. This submission manifested itself in various forms of political and economic control, reflecting a relationship of dependence between the subject territory and the sovereign canton. Similarly, Ticino, Aargau and Thurgau were also subject territories, each subject to the authority of several cantons. This situation was often the result of conquests, treaties or other historical arrangements, and these territories were generally deprived of the political rights and autonomy enjoyed by the sovereign cantons. This hierarchy between sovereign cantons and subject territories has played a key role in Switzerland's political and social history. It has often been a source of tension and conflict, particularly in terms of civil rights and political representation. These tensions were important factors in subsequent political developments, particularly during the periods of reform and revolution at the end of the eighteenth and beginning of the nineteenth centuries, which paved the way for modern Switzerland.

In pre-1798 Switzerland, the Confederal Diet was the main governing body for inter-cantonal affairs. This institution bears witness to the way in which the Swiss Confederation, despite its regional diversity and autonomy, sought to maintain a form of unity and collaboration between its various members. The Diet met annually, bringing together representatives of the thirteen sovereign cantons and several allied territories. This gathering was crucial to the management of issues that affected the Confederation as a whole, such as foreign policy, defence, and sometimes economic or legal matters of common importance. A notable feature of the Confederal Diet was its principle of unanimous decision-making. This requirement reflected the delicate nature of the balance of power within the Confederation. Each canton, regardless of its size or economic power, had a right of veto, which ensured that the decisions taken were acceptable to all members. However, this system could also lead to deadlock and delays in decision-making, especially when the interests of the various cantons diverged. The existence of the Confederal Diet illustrated the tension between the independence of the cantons and the need for collective action. Although each canton enjoyed considerable autonomy in its internal affairs, the Diet was a forum where common interests and concerns could be discussed and, ideally, resolved in a way that benefited the Confederation as a whole. The Confederal Diet, with its unique way of working and its challenges, played an important role in shaping Switzerland's political identity. The tension between local autonomy and inter-cantonal collaboration continues to influence Switzerland's political structure, even after the profound transformations of the 19th century that led to the creation of modern Switzerland as a federal state.

Throughout its history, the Swiss Confederation, despite its internal differences and social and religious conflicts, has managed to remain united on the basis of fundamental principles that have guided its existence for five centuries. The coexistence of the various sovereign states within the Confederation has been made possible by a set of shared values and interests that are crucial to the nation's survival and prosperity. One of the main factors of unity was the need to protect against external threats. Situated at the heart of Europe, Switzerland was often the target of the great European powers. Military alliances, such as the Eternal Pact of 1291 between Uri, Schwyz and Unterwalden, symbolised this shared commitment to defending the integrity and independence of Swiss territory. This alliance laid the foundations of the Swiss Confederation, illustrating the willingness of the cantons to unite in the face of foreign threats. Peace and public order between the cantons were also essential. Despite cultural and religious differences, particularly between Catholic and Protestant cantons, which culminated in conflicts such as the Kappel Wars in the sixteenth century, there was a consensus on the importance of maintaining internal peace. The Confederal Diet played a central role in mediating conflicts and promoting cooperation, thereby contributing to the stability of the Confederation. Respect for and defence of the individual rights and freedoms of the cantons were also paramount. Each canton strongly valued its autonomy, which was reflected in its resistance to any form of centralisation. The diversity of political systems within the Confederation reflected this commitment to autonomy and freedom. Finally, the promotion of shared prosperity through economic alliances was another pillar of Swiss unity. Switzerland's strategic position at the crossroads of European trade routes encouraged economic cooperation. Trade agreements, such as the alliances between the cantons for control of the Alpine crossings, were beneficial to all members of the Confederation, reinforcing their willingness to cooperate and maintain unity. These principles not only helped Switzerland to navigate through complex historical periods, marked by wars and upheavals in Europe, but also shaped its political and cultural identity. This cohesion, despite internal diversity, has enabled the Confederation to preserve its independence and lay the foundations of modern Switzerland, a nation characterised by its commitment to democracy, neutrality and inter-cantonal cooperation.

The rule of consensus, which prevailed in the Swiss Confederation until the 16th century, reflects a fundamental characteristic of Swiss politics at the time. This rule required unanimity for all important decisions, ensuring that the interests of all the cantons were taken into account and respected. This approach was intended to ensure that any decision taken would be beneficial to all members of the Confederation, or at least acceptable to each, which was essential to maintain unity in such a diverse alliance. The unanimity rule had a significant impact on the way conflicts were managed and resolved. Despite cultural, linguistic and religious differences, as well as divergent regional interests, this rule helped to avoid major divisions and encouraged a collaborative approach to problem solving. This often involved extensive negotiations and compromises to reach consensual solutions.

Until the 16th century, this approach contributed to a relatively stable period in Swiss history, with a limited number of internal conflicts. Indeed, during this period, Switzerland experienced only four major internal conflicts and three wars. These conflicts included clashes over territorial rivalries, governance issues and religious tensions, but they were generally contained thanks to the structure of the Confederation and the rule of unanimity. These conflicts, although serious, did not threaten the very existence of the Confederation. For example, the Burgundian Wars in the 1470s, in which Switzerland successfully fought Duke Charles the Bold of Burgundy, demonstrated the Confederation's ability to defend itself against external enemies while maintaining internal unity. The Kappel Wars of the sixteenth century, on the other hand, centred more on religious tensions between the Catholic and Protestant cantons, but even these conflicts did not lead to a lasting break-up of the Confederation. This relative stability, despite the diversity and potential points of friction, testifies to the strength of the Swiss political structure and the rule of consensus. These principles have played a crucial role in preserving Switzerland's unity, paving the way for the Confederation's subsequent evolution into a modern federal state.

Cohesion within the Swiss Confederation, prior to the adoption of a formal constitution, was maintained by a complex network of alliances and pacts, as well as a set of shared values and traditions. This web of agreements and social, cultural and economic ties has played a crucial role in uniting Switzerland despite its internal diversity. Alliances between the cantons, often sealed by treaties, were a pillar of the Swiss political structure. A significant historical example is the Federal Pact of 1291, an agreement between the cantons of Uri, Schwyz and Unterwalden. This pact, considered to be the founding act of the Confederation, symbolised the commitment of the cantons to mutually defend their independence against external threats. These alliances were not only military, but also covered economic and political aspects, guaranteeing mutual assistance and cooperation in various fields. Cohesion was also reinforced by a common set of values and social norms. Despite linguistic and cultural differences, the cantons shared a deep commitment to local autonomy and a mutual respect for their diversities. This collective identity, based on a shared history and common struggles, was a strong bond for the Confederation.

Economic interdependence also played a key role. Situated on important trade routes, the cantons benefited from economic cooperation, particularly through trade and customs agreements. This economic interconnection fostered stable and profitable relations between the cantons, thereby contributing to their unity. Finally, the Confederal Diet provided a mechanism for resolving conflicts and making decisions on intercantonal affairs. Although its powers were limited, the Diet enabled effective negotiation and mediation between the cantons, thanks in particular to the principle of unanimity, which ensured that the interests of all were taken into account. In this way, the Swiss Confederation, before the era of the constitution, was a unique example of cooperation and unity, maintained not by a centralised authority, but by a network of alliances, economic interdependence and shared values. This structure enabled Switzerland to preserve its independence and stability over the centuries, laying the foundations for the subsequent development of a modern federal state.

The centralised unitary state: the Helvetic Republic from 1798 to 1803[modifier | modifier le wikicode]

The 19 cantons of the Helvetic Republic before February 1802.
Flag of the Helvetic Republic (French version on reverse).

The French Revolution had a profound and lasting impact on Europe, including Switzerland, by spreading ideas of liberty, equality and fraternity. These revolutionary ideas, inspired in part by the American Revolution, found a significant echo in Switzerland, influencing its political and social evolution. In Switzerland, the late 18th century was marked by political and social structures that were largely feudal and hierarchical. The subject territories, in particular, felt the weight of these structures. The spread of the ideas of the French Revolution began to challenge these old regimes and raise aspirations for greater freedom and equality among the population.

The impact of the French Revolution in Switzerland manifested itself in several ways. On the one hand, there was a growing admiration for the principles of democracy and human rights. These ideas inspired Swiss reform movements, which began to demand political and social changes within the Confederation. The Revolution also had direct implications for Switzerland. The French invasion of 1798 led to the collapse of the old confederal system and the creation of the Helvetic Republic, a more centralised state inspired by French revolutionary ideals. This period saw the abolition of the old feudal structures and the introduction of new reforms, such as equality before the law and the separation of church and state.

However, this period of change was not without resistance and conflict. Tensions between the traditional cantons and the new authorities imposed by France led to internal divisions. In addition, the radical reforms undertaken by the Helvetic Republic were sometimes perceived as running counter to local traditions and autonomy, leading to opposition. The French Revolution played a key role in the transformation of Switzerland at the end of the eighteenth century. By introducing ideas of freedom and equality, it not only influenced political and social thought in Switzerland, but also triggered events that reshaped the Swiss political landscape, leading to the end of the old Confederation and the emergence of a new political order.

The advent of the principles of liberty and equality at the end of the eighteenth century, strongly influenced by the ideals of the French Revolution, marked a significant turning point in Switzerland's political and social history. Prior to 1798, the Swiss political landscape was dominated by feudal and hierarchical structures, where political rights were often restricted to certain classes or regions, and subject territories were subject to the authority of sovereign cantons. However, with the impact of the French Revolution and the emergence of the Helvetic Republic in 1798, following the French invasion, these ideals of freedom and equality began to find their way into the Swiss political fabric. Under the influence of revolutionary France, the Helvetic Republic introduced radical reforms that broke with feudal and hierarchical traditions. These reforms included the abolition of seigneurial privileges, the equality of all citizens before the law, and attempts to centralise administration. These changes represented a profound break with the past. The principles of liberty and equality, which had previously been excluded or limited in political rights, became central to the new political structure. For the first time, the idea that all citizens should enjoy the same rights and freedoms became an inalienable political and legal principle in Switzerland.

However, this period of change was not without resistance and difficulties. The introduction of these radical reforms often clashed with local traditions and the autonomy of the cantons, leading to tensions and sometimes rebellions. Despite these challenges, the legacy of the Helvetic Republic and the influence of the ideals of the French Revolution have left an indelible mark on Switzerland. The transition to these principles of freedom and equality paved the way for modern Switzerland, characterised by democratic government, the rule of law and respect for human rights. This development also laid the foundations for the adoption of the Federal Constitution of 1848, which consolidated Switzerland as a federal state, definitively marking the abandonment of feudal structures and the full adoption of democratic principles.

The French Republic's intervention in Switzerland at the end of the 18th century was motivated by a mixture of revolutionary ideals and strategic and economic interests. In 1798, revolutionary France supported reformist movements in Switzerland and eventually invaded the territory, contributing to the collapse of the old Swiss Confederation and the creation of the Helvetic Republic. This new political entity was largely modelled on the French Republic, incorporating the principles of liberty, equality and popular sovereignty. However, beyond spreading revolutionary ideals, France had significant economic and strategic interests in the region. On the one hand, Switzerland, with its central position in Europe and important trade routes, offered considerable economic advantages. Switzerland's integration into the French sphere of influence opened up commercial and economic opportunities, particularly in terms of controlling trade routes and access to resources. Switzerland's strategic position was also a key factor. By this time, France had already conquered Northern Italy, and Switzerland offered a direct and convenient route to link France with its Italian territories. Control of Switzerland allowed France to secure an essential route across the Alps, which was crucial to France's military and territorial ambitions in Europe.

The French occupation was therefore greeted with mixed feelings in Switzerland. While some welcomed revolutionary ideals and the end of feudal structures, others were suspicious or hostile to French influence and control. This period was marked by internal tensions and resistance, as the Helvetic Republic, although inspired by the French Revolution, was also perceived as a regime imposed from outside. French intervention in Switzerland was a complex blend of revolutionary idealism and political and economic realism. It played a key role in transforming Switzerland's political structure, paving the way for changes that have shaped the modern country, while highlighting the challenges and tensions of foreign influence and national aspirations.

The year 1798 represented a historic turning point for Switzerland with the promulgation of its first constitution, heavily influenced by the French Constitution of 1795. This marked the birth of the Helvetic Republic, a centralised state that differed radically from the traditional federal structure of the Swiss Confederation. The new constitution introduced a fundamental change in the governance of the country, moving from a patchwork of sovereign cantons to a unitary government. This centralisation of power, a novelty in Swiss history, meant the abolition of cantonal sovereignty. The cantons, which had historically enjoyed a high degree of autonomy with their own laws and governments, found themselves integrated into a more unified national system. This unification, although inspired by revolutionary ideals of freedom and equality, was perceived by many Swiss as a loss of local autonomy and identity. The influence of revolutionary France was evident not only in the political principles of the Helvetic Republic but also in its administration and legislation. France, having already extended its influence across Europe, saw Switzerland as a strategically and economically important territory. The adoption of French revolutionary ideas marked a radical departure from Swiss political traditions, in particular popular sovereignty and the secularisation of the state. However, this period of radical change was marked by internal tensions and conflicts. Many people in Switzerland were deeply attached to their cantonal autonomy and perceived centralisation as foreign interference or even occupation. These tensions led to internal unrest, reflecting the difficulties inherent in the transition from a confederation of independent cantons to a centralised state. Despite its relatively short duration, ending with the Act of Mediation in 1803, the Helvetic Republic had a significant impact on Switzerland's political landscape. It laid the foundations for the subsequent adoption of democratic principles and paved the way for the formation of modern Switzerland, a unified federal state that respects individual rights and freedoms, while retaining certain aspects of its federal heritage.

The creation of the Helvetic Republic in 1798 marked a profound transformation in Switzerland's political and social structure. With the establishment of a sovereign central state, the former subject territories, which had been under the domination of the more powerful cantons, acquired equal status. This equality between territories was a significant break with Switzerland's feudal and hierarchical past. An equally important change was the emancipation of the individual within Swiss society. The new constitution gave every adult the right to exercise his or her political rights. This marked the introduction of universal suffrage, a revolutionary concept at the time, moving away from previous political systems where voting rights were often restricted to certain social classes or regions. This recognition of individual rights was in harmony with the ideals of the French Revolution, which advocated the freedom and equality of citizens. However, the Helvetic Republic was heavily dependent on France. This dependence was not only political, but also economic and military. Under Napoleon Bonaparte, France exerted considerable influence over Switzerland, using the country as a strategic ally and source of resources. This French influence was visible in various aspects of Swiss governance, including its political institutions, economic policies and even military affairs.

The period of the Helvetic Republic was marked by internal tensions, as many Swiss felt the new governmental structure to be a foreign imposition. Centralisation, while bringing modern reforms, was often at odds with the Swiss cantons' traditions of autonomy and local governance. Moreover, dependence on France raised questions about Switzerland's true independence and sovereignty. All in all, although the Helvetic Republic was short-lived, it was a crucial stage in Switzerland's political development. It introduced modern concepts of governance and civil rights, which continued to influence Swiss political development even after its collapse and the return to a federal system with the Act of Mediation in 1803.

The Helvetic Republic, established in 1798, was the scene of deep and growing tensions between different political and social groups in Switzerland. On the one hand, there were those who supported the new revolutionary order, seduced by the ideals of freedom, equality and the centralised structure of governance inspired by the French Revolution. On the other hand, the conservatives, attached to traditions and cantonal autonomy, fiercely opposed these changes and aspired to a return to the old confederal model. These tensions escalated into a civil war in 1802, known as the Stecklikrieg, which broke out mainly in reaction to forced centralisation and perceived excessive foreign influence. Conservatives, particularly in the rural cantons, saw the new governmental structure as an erosion of their traditional autonomy and an affront to their established political and social practices.

The civil war highlighted the deep divisions within Swiss society. On one side were supporters of the new regime, often from urban areas and influenced by revolutionary ideals. On the other, supporters of the old system, mainly in rural and mountainous cantons, fiercely defended their independence and traditions. This confrontation was a crucial moment in Swiss history, illustrating the struggle between progress and tradition, between foreign influence and national autonomy. The civil war of 1802 eventually led to the intervention of Napoleon Bonaparte, who acted as mediator to restore peace and order in Switzerland. His mediation led to the Act of Mediation in 1803, which dissolved the Helvetic Republic and introduced a new federal structure. This act represented a compromise between the centralising aspirations of the Helvetic Republic and the traditions of cantonal autonomy, laying the foundations for the modern Swiss federal system. The period of the Helvetic Republic was an era of change and conflict that significantly shaped Switzerland's political and social development. It highlighted the challenges of balancing reform and tradition, and played a crucial role in shaping contemporary Swiss political identity.

The confederation of states from 1803 to 1848[modifier | modifier le wikicode]

Napoleon Bonaparte's intervention in the Swiss Civil War in 1802 marked a decisive moment in Swiss history. Faced with the instability and internal conflicts that shook the Helvetic Republic, Napoleon acted to restore order, but his actions also had profound repercussions on the country's political structure. Napoleon convened a constituent assembly in Paris, bringing together representatives from all the Swiss cantons. The aim was to find a lasting solution to Switzerland's internal tensions and create a stable political framework. The result of these deliberations was the Mediation Act of 1803, a crucial document that redefined Switzerland's political structure.

The Act of Mediation restored the sovereignty of the cantons, thus returning to a confederal system. This restoration represented a compromise between the centralising aspirations of the Helvetic Republic and the traditions of cantonal autonomy. The cantons regained much of the autonomy they had lost under the Helvetic Republic, which eased tensions between supporters of the old regime and those of the new. However, the Act of Mediation also preserved many of the gains of the revolutionary period. The principles of equality and liberty, which had been introduced during the Helvetic Republic, were maintained. This meant that, although there was a return to a confederal structure, Swiss society did not revert to the pre-1798 state. The reforms introduced under the Helvetic Republic, particularly with regard to civil rights and the organisation of the state, had lasting effects.

The Act of Mediation of 1803, introduced under the aegis of Napoleon Bonaparte, redefined Switzerland's political structure, creating a balance between cantonal traditions and the revolutionary ideals of freedom and equality. This new confederal structure maintained the sovereignty of the existing cantons while integrating certain allied states as new cantons in their own right, recognising their status and importance within the Confederation. Within this revised framework, cantons that were already sovereign before the Helvetic Republic retained their sovereignty. At the same time, territories that had previously been allied or subject territories, such as St Gallen, Graubünden, Aargau, Thurgau, Ticino and Vaud, were elevated to the status of cantons. This expansion not only increased the number of cantons within the Confederation, but also contributed to a more balanced distribution of power and better representation of the country's different regions. The Act of Mediation also introduced extensive political rights for Swiss citizens. The right to vote and stand for election was granted, reinforcing democratic principles within the Confederation. However, these rights remained primarily a cantonal matter, meaning that the cantons retained considerable autonomy over electoral legislation and local governance. This provision reflected the desire to maintain the importance of cantonal traditions while incorporating the democratic gains of the revolutionary period. This revised confederal structure marked an important stage in Switzerland's development as a nation. It combined cantonal sovereignty with a commitment to democratic principles, laying the foundations for the federal political structure that characterises modern Switzerland. The Act of Mediation has therefore played a crucial role in Switzerland's transition to a more inclusive and representative political system that respects both regional autonomy and citizens' rights.

The Federal Pact of 1815.

The Act of Mediation of 1803, instituted by Napoleon Bonaparte, represented a significant overhaul of Switzerland's political and military structure. It replaced the complex network of alliances that had characterised the Swiss Confederation prior to the Helvetic Republic, establishing a new organisation that reflected both cantonal traditions and the needs of the time. An important aspect of the Act of Mediation was the strengthening of the military sphere. In the context of Europe at the beginning of the 19th century, marked by the Napoleonic Wars and the constant threat from neighbouring powers, particularly Austria, it was crucial for Switzerland to have a robust defence capability. The Act therefore placed particular emphasis on the need for Switzerland to maintain a military force capable of protecting its territory and sovereignty. This approach marked a departure from the previous system, where military structures were often fragmented and heavily dependent on cantonal alliances. In addition to these military changes, the Act of Mediation also restored the Diet, albeit in a modified form. The Diet, which had been a central element of Swiss governance prior to the Helvetic Republic, was reconfigured as a kind of diplomatic conference. Each canton was allocated two representatives, ensuring a more balanced representation of the different cantons within this assembly. This new structure of the Diet was intended to facilitate collaboration and decision-making between the cantons, while respecting their autonomy. The Mediation Act of 1803 thus played a crucial role in stabilising Switzerland after the tumultuous period of the Helvetic Republic. By combining federal and confederal elements, it created a framework that enabled Switzerland to navigate an unstable European environment, while laying the foundations for the further development of the Swiss political system. This period was essential in Switzerland's evolution into a modern state, capable of defending its independence while adopting a more democratic and balanced political structure.

The fall of Napoleon Bonaparte had a significant impact on the political organisation of Switzerland. After the end of the Napoleonic era, the Act of Mediation of 1803 was replaced by the Federal Pact of 1815. The aim of this new document was to reorganise the Swiss Confederation and define its political structure in the post-Napoleonic context. The Federal Pact of 1815 had many similarities with the Act of Mediation. It maintained a federal structure, recognising the sovereignty of the cantons while establishing mechanisms for cooperation and joint governance. This continuity reflected the desire of the Swiss to preserve the achievements of the period of the Helvetic Republic and the Act of Mediation, particularly in terms of the balance between cantonal autonomy and centralised management of common affairs. A key aspect of the Federal Pact was its emphasis on Switzerland's independence and neutrality. After the turbulence of the Napoleonic Wars and the experience of foreign influence, it was essential for Switzerland to consolidate its status as a neutral and independent nation. This principle of neutrality became a defining feature of Swiss politics and played a crucial role in preserving the country's peace and stability. The Federal Pact also formalised the addition of new cantons to the Confederation, extending the federal structure to a greater number of territories. This expansion contributed to the diversity and richness of Switzerland's political culture, while strengthening national cohesion.

From 1830 onwards, Switzerland underwent a period of significant political and economic change, leading to challenges to the existing federal system. This period, influenced by the waves of liberalism and nationalism sweeping across Europe, saw tensions emerge between cantonal sovereignty and the need for more integrated economic and political development. Politically, the Swiss cantons enjoyed a high degree of autonomy, with their own governments, laws and policies. This autonomy, while fundamental to the Swiss political tradition, began to pose challenges for the creation of a coherent national policy. Disparities between the cantons in terms of political structures and civil rights created inequalities and inefficiencies that hindered the development of comprehensive policies. Economically, Switzerland was beginning to industrialise and integrate further into the European economy. However, cantonal sovereignty resulted in a multitude of customs systems and trade policies, which hampered domestic and international trade. This economic fragmentation was increasingly seen as an obstacle to the country's economic development. In response to these challenges, the 1830s saw a series of liberal reforms in several cantons, known as the Regeneration. These reforms aimed to modernise political institutions, extend civil rights and promote greater national unity. They reflected a growing desire for more centralised governance that could respond more effectively to the economic and political needs of a changing Switzerland. This period of change laid the foundations for the subsequent debates and reforms that would culminate in the adoption of the Federal Constitution of 1848. This constitution marked a major step in Switzerland's political evolution, establishing a more centralised federal state, with a national government possessing greater authority, while preserving cantonal autonomy in many areas. This transition to a more integrated federal structure was essential to meet the challenges of Switzerland's political and economic development in the 19th century.

During the period of political and economic change in Switzerland in the mid-nineteenth century, an ideological divide emerged between progressives and conservatives, reflecting different visions of how the state should be organised. The progressives, influenced by liberal ideas and trends in Europe at the time, advocated a centralised state. They saw centralisation as a means of unifying the country, streamlining administration and speeding up economic and political development. Progressives generally favoured the adoption of democratic reforms, the expansion of civil rights and the creation of a unified domestic market. They saw a stronger central government as an effective tool for modernising Switzerland, particularly in the context of industrialisation and Switzerland's increasing integration into the European economy. Conservatives, on the other hand, were keen to preserve the traditional confederal state structure. They valued cantonal autonomy and feared that centralisation would threaten local traditions and cantonal independence. For conservatives, maintaining the confederal structure was essential to protect Swiss identity and values. They were often supported by the rural and traditional cantons, which were wary of rapid change and the influence of liberal and revolutionary ideas from abroad. These differences led to political tensions and confrontations, culminating in the Sonderbund conflict in 1847. This conflict, a short-lived civil war, was triggered by the formation of a defensive alliance (the Sonderbund) by the Catholic-conservative cantons in response to Progressive efforts to centralise government. The victory of the Progressive forces in this conflict paved the way for the adoption of the Federal Constitution of 1848, which struck a balance between the federal structure and certain elements of a centralised state, while preserving cantonal autonomy in many areas.

The Sonderbund war of 1847 was a decisive moment in Swiss history, marking the end of an era of intense division between progressives and conservatives. The conflict erupted because of profound disagreements over the political direction of the country, particularly with regard to the centralisation of power and liberal reforms. The Sonderbund was a defensive alliance formed by the Catholic-conservative cantons in reaction to the Progressives' efforts to reform and centralise the state. The victory of the Progressive forces in this civil war marked the defeat of the Conservative clan and paved the way for major political changes. This victory led to the drafting and adoption of the Federal Constitution of 1848, which established a new political structure for Switzerland, based on a federal state.

The Federal Constitution of 1848 represented a synthesis of progressive ideals and confederal traditions. It created a strong central government with clearly defined powers, while preserving the autonomy of the cantons in many areas. This structure enabled national unification and more efficient management of common affairs, while respecting regional particularities. Although the new constitution was inspired by various models, including the Federal Pact of 1815, it introduced significant innovations. It established federal institutions such as a bicameral parliament (the National Council and the Council of States), a federal government (the Federal Council) and a supreme court (the Federal Tribunal). It also established national policies in areas such as trade, customs, currency and postal services, while guaranteeing fundamental rights for all citizens. The federal state structure established by the 1848 Constitution has effectively endured to the present day, proving to be a stable and flexible model for Swiss governance. It has enabled Switzerland to navigate through the challenges of the nineteenth and twentieth centuries, maintaining its unity while respecting the diversity of its cantons. This federal structure has become a key element of Swiss political identity and an example of successful federal governance in a context of cultural and linguistic diversity.

The federal state from 1848 to the present day[modifier | modifier le wikicode]

Gedenkblatt 1874.jpg

The year 1848 is a crucial date in Swiss history, marking the adoption of its first federal constitution. This milestone was the result of a series of political and social transformations that significantly reshaped Switzerland. After the turbulence of the Napoleonic Wars and internal conflicts such as the Sonderbund War in 1847, a consensus emerged on the need for structural reform. Switzerland, until then a loose confederation of independent cantons, was unified under a more coherent and centralised federal state structure. The new Constitution established a strong central government, embodied in federal institutions such as the National Council and the Council of States, which form Switzerland's bicameral parliament, as well as the Federal Council as the executive power and the Federal Supreme Court as the supreme judicial authority. These institutions were an innovation in the Swiss political landscape, introducing a separation of powers and a more effective and representative system of governance.

The 1848 Constitution also codified fundamental rights for all Swiss citizens, guaranteeing standards for civil and political rights. It centralised important aspects such as defence, foreign affairs, and trade and customs policies, while retaining cantonal autonomy in areas such as education and policing. This approach has made it possible to maintain a balance between national unification and respect for cantonal particularities. Switzerland's neutrality, a fundamental principle of its foreign policy, was reinforced by this constitution. Having been a battleground for the European powers during the Napoleonic Wars, Switzerland sought to position itself as a neutral and peaceful state. The Federal Constitution of 1848 marked the birth of modern Switzerland as a federal state. Not only did it consolidate national unity against a backdrop of cantonal diversity, it also laid the foundations for the political stability and economic prosperity that characterise Switzerland today. Although the Constitution has undergone a number of revisions over the years, it remains the cornerstone of Switzerland's contemporary constitutional and political order.

The total revision of the Swiss Federal Constitution in 1874 was a significant milestone in the country's political and legal history. This revision, which came 26 years after the adoption of the first Federal Constitution in 1848, reflected the needs and challenges of an evolving nation. The main objective was to adapt the constitutional framework to the social, economic and political realities of the time, marked by industrialisation and demographic change. The revision was a response to the need to clarify and strengthen the powers of the federal government. At the time, Switzerland was facing challenges such as the need for unified legislation in key areas, including civil and criminal law, and the management and development of infrastructure, particularly the railways. The expansion of the rail network was a crucial issue for economic development and national integration, requiring a coordinated approach at federal level.

In addition, the 1874 revision brought significant improvements in terms of civil rights and liberties. These changes reflected the liberal and democratic trends of the time, underlining Switzerland's commitment to democratic principles. The reform also contributed to the harmonisation of the various cantonal legal systems, fostering greater legal unity within the country. The Federal Constitution of 1874 thus played a crucial role in adapting Switzerland to the realities of the 19th century. It strengthened the federal framework while preserving the balance between central power and cantonal autonomy. This revision process illustrated Switzerland's ability to reform and adapt, while maintaining stability and national cohesion. The revised constitution, with its subsequent amendments, continues to serve as the basis for the constitutional order of modern Switzerland, testifying to the flexibility and robustness of the Swiss political system.

In 1999, Switzerland completely revised its Federal Constitution once again, marking an important stage in the ongoing development of its legal and institutional framework. This revision, which came more than a century after the major reform of 1874, aimed to modernise the Constitution by adapting it to the realities and challenges of the late twentieth and early twenty-first centuries. The 1999 revision did not radically change the political structure or the fundamental principles of the 1874 Constitution, but it did make a number of important updates and clarifications. Among the aims of the revision was to make the Constitution more accessible and understandable to citizens, and to reflect the social, technological and environmental changes that had taken place since the last major revision. A key aspect of the 1999 revision was the incorporation of new rights and protections for citizens. This included strengthened provisions on human rights and civil liberties, reflecting evolving international standards and the growing recognition of the importance of individual rights. The revision also addressed issues such as environmental protection, underlining Switzerland's commitment to sustainable development. In addition, the revision sought to clarify and streamline certain constitutional provisions, making the text more coherent and easier to understand. This has contributed to greater transparency and efficiency in the interpretation and application of the Constitution. In short, the total revision of the Swiss Federal Constitution in 1999 was a process of adjustment and modernisation, rather than a complete overhaul. It made it possible to preserve the established federal structure and the fundamental principles of Swiss democracy, while adapting the country's legal framework to the requirements and challenges of the new millennium. This revision bears witness to Switzerland's ability to evolve and reform in a considered manner, while preserving the stability and values that have long characterised its political system.

The federal structure of the Swiss state, as established by the Federal Constitution of 1848 and maintained to this day, can indeed be seen as a compromise between different political visions. In the period leading up to 1848, there was a clear division between the progressives, who aspired to a more unitary model of state inspired by France, and the conservatives, who defended the sovereignty of the cantons and the traditional confederal structure. The progressives of the time, influenced by the liberal ideals and democratic movements spreading across Europe, sought to reform Switzerland's political structure. They saw in the unitary state model, as adopted by France after its own revolution, a means of unifying the country under centralised governance. This system, they believed, would lead to more efficient administration, uniform legislation and greater economic and political integration. Indeed, for progressives, the abolition of cantonal sovereignty was essential to modernise Switzerland and make it more coherent as a nation-state. However, Switzerland's strong tradition of cantonal autonomy and attachment to local sovereignty made the idea of a unitary state less acceptable to a large proportion of the population, particularly in rural and conservative cantons. These groups valued cantonal autonomy and diversity as essential elements of Swiss identity.

The compromise was found with the adoption of the Federal Constitution of 1848, which established a federal state. This model reconciled the demands of progressives for a strong central government with the desire of conservatives to maintain cantonal autonomy. In the Swiss federal system, the central government has clearly defined powers, particularly in defence, foreign policy and economic regulation, while the cantons retain a high degree of autonomy in areas such as education and policing. This federal structure has ensured a balance between national unification and respect for regional particularities, and has enabled Switzerland to develop a stable and prosperous political system characterised by cultural and linguistic diversity and robust democracy.

Portrait of James Fazy.

James Fazy, an influential Geneva political figure, played a key role in promoting the federal model in Switzerland, inspired in part by the American Constitution of 1787. Through his political commitment and ideas, Fazy made a significant contribution to shaping the debate on the political structure of Switzerland in the period before and after the radical revolution of 1846 in Geneva. Fazy was a fervent advocate of federalism and admired the political model of the United States, in particular the bicameralism of its legislative system. In the American model, Congress is composed of two chambers: the House of Representatives, where members are elected according to the population of each state, and the Senate, where each state is equally represented, regardless of its size or population. Fazy saw this system as a way of balancing the interests of the people (represented in the lower house) and the States (represented in the upper house).

Inspired by this model, Fazy argued for the adoption of a similar structure in Switzerland. This proposal corresponded to the need to strike a balance between the different political and regional forces in Switzerland: on the one hand, to ensure fair representation of the Swiss population as a whole, and on the other, to protect the interests and autonomy of each canton. The adoption of the Swiss Federal Constitution in 1848 effectively established a bicameral system, with the National Council (representing the Swiss people and based on the population of each canton) and the Council of States (representing the cantons with equal representation for each, regardless of their size or population). This system ensured both democratic representation and the protection of cantonal sovereignty, reflecting the influence of federalist and bicameral ideas promoted by figures such as James Fazy.

Federal Constitution of the Swiss Confederation of 1848 - Article 3

Article 3 of the Swiss Federal Constitution, which stipulates the sovereignty of the cantons, played a crucial role in satisfying conservative demands during the development of the country's federal political structure. Conservatives, attached to the tradition of cantonal autonomy and wary of excessive centralisation, saw this article as a fundamental guarantee of the preservation of the independence of the cantons within the Swiss federation. Article 3 states that the cantons are sovereign insofar as their sovereignty is not limited by the Federal Constitution, and that they exercise all rights that are not delegated to the federal government. This provision has been a key element in balancing powers between the federal government and the cantons, allowing the latter to retain a high degree of autonomy in many areas, including education, policing and health. Recognition of cantonal sovereignty in the Constitution reassured conservatives that traditions, regional particularities and local autonomy would be respected in the new federal order. This was essential in winning their support for the new federal structure, which centralised certain powers, notably in defence, foreign policy and economic regulation, while preserving the independence of the cantons in many other areas.

Annexes[modifier | modifier le wikicode]

References[modifier | modifier le wikicode]