|Cours||Introduction to law|
- The definition of law
- The State
- The different branches of law
- The sources of law
- The great formative traditions of law
- The elements of the legal relationship
- The application of law
- The implementation of a law
- The evolution of Switzerland from its origins to the 20th century
- Switzerland's domestic legal framework
- Switzerland's state structure, political system and neutrality
- The evolution of international relations from the end of the 19th century to the middle of the 20th century
- The universal organizations
- European organisations and their relations with Switzerland
- Categories and generations of fundamental rights
- The origins of fundamental rights
- Declarations of rights at the end of the 18th century
- Towards the construction of a universal conception of fundamental rights in the 20th century
What is the State?[edit | edit source]
There are three components:
- Population: it is the human element of the state. An unlimited set of men who are subject to the same power, the same laws, the same state;
- Territory: territory with authority;
- Sovereignty, which refers to the supreme character of power embodied by the State: an exclusive political authority.
The functions of the State[edit | edit source]
- The legislative function: creating rules and adopting laws;
- The executive function: it is responsible for managing the current policy of the State and enforcing/executing the law drawn up by the legislative power and the court decisions rendered by the judiciary;
- The judicial function: to render justice and pronounce the applicable law in a conflict and to judge the case.
State structures[edit | edit source]
The unitary state[edit | edit source]
Between citizen and State, there is no intermediate political power. The departments and municipalities are there just for administrative reasons, but are subject to the central state. So there is only ONE centre of political momentum. It is the same national authority that creates the rules of law. There is only one Constitution.
The Confederation of States[edit | edit source]
A confederation of states is a grouping of sovereign states that have come together to achieve certain very limited goals. There is a common interest in coming together. In this structure of States is grouped by an international treaty, an agreement between several States. This agreement may establish a joint body to perform a number of functions that reflect the points that prompted these States to come together.
There are different reasons why these states come together, such as to ensure peace within the alliance or to protect themselves from strangers. A conference brings together representatives of the different countries.
The Federal State[edit | edit source]
A federal state is a state composed of several political communities on which it is superposed. Only the federal state exists as a state, it is the one that maintains relations with foreign countries.
Normally, the federal state is born out of the Confederation of States. The transition is made because we realize that we are much stronger under the federal state structure because the states have a government, a legislative and judicial power. But it also strengthens the cohesion of these States.
Two states: cantonal and federal.
The federal state performs the three functions recognized to the state. There are two centres of legal impetus, namely federal law and cantonal law. "Lower entities still have the ability to enact law.
|The body is headed by representatives of sovereign states.||Represents the European people through its parliament.|
It should be noted that the European Union is, in some respects, a confederation and, in other respects, has characteristics of a federal state, to such an extent that it is often preferred to be seen as a sui generis entity, forming a category in itself and not part of any other.
Political regimes[edit | edit source]
The form of state government is exercised by the organs of the state, i.e. the public authorities.
The monarchy[edit | edit source]
The monarchy is the political regime in which the head of state is a monarch, and the absolute monarchy is the one in which the power of the monarch is complete, exclusive and unlimited.
It is expressed by an adage of a French lawyer of the 16th and 17th centuries called Loisel (1536 - 1617). He advocates full and undivided power, his adage is "If the King wills, if the law wills": what the King wills by law in general and abstract form setting the rules of law. The law is the king's product. (Neuchâtel is a monarchy, ecclesiastical monarchy prince bishop of Basel).
The oligarchy[edit | edit source]
Oligarchy refers to the government exercised by a small number of men as opposed to the monarchy. It implies a slightly broader participation in sovereign authority and power.
The democracy[edit | edit source]
Democracy is the political system in which power is attributed to the people who exercise it themselves or through the representatives they elect.
- for Heinrich Rudolf Schinz (1777 – 1861) who was a jurist from Zurich, "all the governments of Switzerland must recognise that there is only one way: if they are people and act by the people and for the people". (1830)
- In 1863, at the inauguration of the cemetery at the Battle of Gettysburg, Lincoln (1809 - 1865), then President of the United States of America, had the following words: "May we, by our determination, ensure that these dead did not die in vain, that this nation, in the shadow of God, may be reborn in freedom... and that the government of the people, by the people and for the people, does not disappear from the face of the earth".
Annexes[edit | edit source]
References[edit | edit source]
- Publication de Victor Monnier repertoriées sur le site de l'Université de Genève
- Hommage à Victor Monnier sur le site de l'Université de Genève
- Publications de Victor Monnier sur Cairn.info
- Publications de Victor Monnier sur Openedition.org
- Page personnelle de Victor Monnier sur le site de l'Université de Aix-Marseille
- En Hommage À Victor Monnier.” Hommages.ch, 11 Mar. 2019, www.hommages.ch/Defunt/119766/Victor_MONNIER.
- Ziswiler, Vincent. "Schinz, Heinrich Rudolf." Schinz, Heinrich Rudolf. Dictionnaire Historique De La Suisse, 11 Aug. 2011. Web. 01 Oct. 2014. <http://www.hls-dhs-dss.ch/textes/f/F14626.php>.