The case

150 years ago, 1874 was a milestone in Swiss history: until 1 January 2000, when the current Federal Constitution came into force, Switzerland’s basic legal order dated back to 29 May 1874.

Source: NZZ (9 April 2024) and Constitution 1874 

The commentary

On 19 April 1874, the Swiss electorate approved a new version of the Federal Constitution of 1848. The newly created Federal Supreme Court was located in Lausanne. The new Federal Constitution also contained the provision that all three “national languages” should be taken into account when appointing judges to the Federal Supreme Court (Romansh was not mentioned). The optional legislative referendum also gave all “referendum-capable” organisations a political instrument. In the years following the total revision of 1874, the federalists repeatedly resisted the centralists’ attempts to strengthen the federal state.

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