Judicial Federalism and Constitutional Review in the Swiss Judiciary

Abstract

This chapter deals with the Swiss judicial system. It first describes the organization of this system, which is strongly marked by the federal character of Switzerland (so there is pronounced judicial federalism). The philosophy of the system at the federal level is presented, and judicial organization of the cantons is briefly described. The chapter then describes the Swiss system of judicial review (control of the constitutionality of the laws and other state acts), a system which is relatively complete and extended. Yet at the same time, it has a notable exception in international comparison: Switzerland lacks judicial review of federal laws and international law.