SUMMARY:

The judiciary of Switzerland is centered around the Federal Tribunal, established in 1848 and expanded in 1874. It consists of 26-28 judges, elected by the Federal Assembly for six-year terms, with representation from German, French, and Italian-speaking regions. The Tribunal handles civil, criminal, administrative, and constitutional cases but lacks judicial review over federal laws. Its specialized benches deal with civil, criminal, debt, and public matters. Cantonal courts, comprising three levels, handle local cases but cannot contravene the Swiss Constitution. The judiciary emphasizes fairness and the protection of fundamental rights.

Composition and functions of the Judiciary of Switzerland:

SWISS JUDICIARY:

Federal Tribunal:

It consists of a federal tribunal which was established under the Constitution of 1848. Later, under the constitution of 1874, its powers were increased. The central headquarters of the Federal Tribunal is located in the capital of the French-speaking canton of Wade.

Organization of Tribunal:

The number of judges of the Federal Tribunal is from 26 to 28. In addition, 11 to 12 alternate judges can also be appointed.

According to the Tribunal, the three German, French and Italian speaking regions should be represented. The judges of the Federal Judiciary are elected by the Federal Assembly. This selection is for 6 years. According to tradition, those who wish, are re-elected. Thus, this choice is almost lifelong. Federal Assembly elects from federal tribunal judges one president and one Vice President for two years.

Qualification of Judges:

According to the constitution, any Swiss citizen who is eligible to be a member of the National Assembly can be appointed as a federal tribunal judge to fill that position anyway the person is selected for this position who has highly legal ability.

Powers of Federal Tribunal:

The jurisdiction of the Federal Tribunal for hearing cases is as follows:

i:- Civil Cases.

ii:- Criminal Cases.

iii:- Administrative case.

iv:- Constitutional Case.

i-: Civil Cases:

The Federal Tribunal can hear property disputes of 10,000 francs or more. These disputes may be between the federation and the cantons, between two or more cantons, between a canton and an individual or between the federal government and an individual. In addition, this court has the authority to hear appeals in civil cases of 4,000 francs or more.

ii:- Criminal Cases:

As far as criminal cases are concerned. The Federal Tribunal can hear cases of treason, rebellion against the Centre, torture of national officials, crimes against international law and cases filed by superior officers against subordinate officers. The Tribunal holds its sessions in five centers of the country for the hearing of criminal cases. These benches are attended by 3 judges of the federal court and a jury consisting of 12 people from the region. An accused can be convicted only if five out of judges six of the jury convict him.

iii:- Administrative Cases:

The Federal Tribunal has the honor of being the highest court of the country in relation to administrative cases. Since 1928, this court has been empowered to adjudicate legal disputes between public officers. In this regard this court is authorized to issue other such orders. Earlier these cases were heard by the Federal Assembly.

iv:- Constitutional Cases:

As the highest court in Switzerland, the Federal Tribunal has the power to interpret the constitution. In addition, it also hears disputes arising between the federation and the units or between the cantons. The hearing of disputes related to violations of international laws and treaties is also within its scope, so like the Supreme Court of the United States and India, the Swiss Federal Tribunal does not have the power of judicial review. It cannot declare any law made by the Federal Assembly as unconstitutional. However, it has the power to declare laws made by cantons as unconstitutional. According to Zurcher,

“In view of the Tribunal’s limited and unsystematic jurisdiction, it could hardly serve as an effective instrument for reviewing federal legislation judicially.”

That is, due to its limited and unregulated scope, it is not an effective body for revision of federal legislation. Several provisions of the Constitution allow the Federal Tribunal to make autonomous rules. For example, under Article 41, the Tribunal can legislate for the manufacture, import and export of war equipment. The Federal Judiciary gives great importance to the fundamental rights of the people. According to Article No. 4 of the Constitution, all citizens have equal status in the eyes of the law but the fundamental rights should not be misused.

Permanent Bench of Federal Judiciary:

Several benches of the Swiss Federal Judiciary perform different functions. Some important benches and their functions are as follows:

1:- Bench About Civil Matters:

This bench consists of six chambers and hears civil disputes.

2:- Bench About Criminal Matters:

This bench consists of three benches and hears appeals in criminal cases.

3:- Bench About Debts:

This bench consists of three judges and deals with cases related to debts.

4:- Bench of Public Matters:

The constitutional division of this bench consists of seven judges and the administrative law division consists of six judges.

Canton Courts:

There are three types of subordinate courts in each canton of Switzerland:

(1) Courts of preliminary hearing.

(2) Justice of the peace.

(3) Court of Appeals.

The judges of canton courts are appointed by direct citizens election or by the legislatures of the respective states. The term of election of judges is 3 or 4 years. The said courts are not competent to decide against the Constitution of Switzerland.