Federalism and Legal Unification in Switzerland

Abstract

The Swiss Confederation is unusual in that its component states were not formed through the decentralization of a larger entity. Instead, the Confederation is composed of Cantons that were independent, sovereign states before they joined together in a bottom-up transfer of sovereignty. The country remains diverse, and its people are united by political rather than linguistic, cultural or religious consensus. This dynamic continues to animate the allocation of authority in the Confederation. The Swiss Constitution recognizes federal actors on three levels: the central Confederation, 26 states known as Cantons, and municipalities called Communes. The Swiss legal system is not centralized. While the federal government holds significant legislative power, the Cantons retain considerable autonomy, particularly in areas such as education, language, culture, and the relationship between church and state. The Cantons are often charged with implementing Confederation law, and may do so in ways that vary between Cantons. Nonetheless, while it is not centralized, Swiss law is relatively unified due to cooperation between Cantons and the influence of federal and international law.