The Helvetic Republic (1798-1803)

Thèmes abordés

The Helvetic Republic, political system, Switzerland

Résumé du document

The political system is a representative democracy. It was established on the basis of universal suffrage. This regime was all Swiss inhabitants who were 20 years of age of citizens with political rights. This representative democracy was based on the separation of powers. This means at the end of the 18th that the functions of the State are not exercised by the same organ, which was the case in the Switzerland of the former regime, where the members of the grand Council of the 200 and the small Council of 25 members regular function executive, legislative and judicial. There for the first time with this constitution of 1798, the functions Executive, legislative and judicial are separate, distinct, and exercised by judges who are unable to perform other functions.

The legislature is formed by two rooms, elected by indirect universal suffrage in two rounds. All citizens 20 years of age are citizens and therefore voters in primary assemblies. These primary assemblies shall designate an elector for 100 people, it shows that the integrated system in Switzerland in 1798 resumed the system of the constitution of the year 3. They will be part of the 2nd step of the electoral body. It will then be cut in half by draw. These are the remaining which will elect representatives to the two chambers of the Senate and the grand Council.

Extraits

[...] The Helvetic Republic (1798-1803) I. The Constitution of April This constitution is promulgated on 12 April 1798. It marks the total rupture with the old Confederacy. This constitution of the Swiss marks the advent of the Republic, one and unitary. The Helvetica Republic is marked by three upheavals: the structure, the political system and the advent of the human rights. It is the first Swiss constitution which corresponds to the definition of constitutionalism in the narrow sense. II. State structure: centralized unitary State A. [...]

[...] Title 11: the change of the constitution is a failure. If one takes the title we see the change to the constitution. "The Senate proposes these changes but the proposals made in this regard become resolution that after having been ordered twice allowing flow an interval of five years between the first order and the second. Resolutions will be then rejected or ratified by the Grand Council, and, in the latter case only, sent the acceptance or refusal of the primary assemblies."The procedure of revision of the constitution is cumbersome. [...]

[...] Each year the rank of the cantons is drawn. It is a need of equality. Equality between individuals, it has more class, there are citizens. If we take this constitution, we see that there are also about fundamental rights freedom of the press, properties that are collected, and a whole list of fundamental rights. We see that this terminology is a bit stupid, for example article 14, there is goodwill, but what does this really have its place in the constitution? [...]

[...] The Helvetica Republic is torn between different factions: The Switzerland is separated by factions who are fighting. The Swiss is between tear because a part of the Swiss do is recognizes in this unitary State structure, they consider that it is an imported product and therefore this unitary State structure has little of sitting inside the country. There are two rival factions that divide the Switzerland. A. The Unitarians, supporters of the Helvetica Republic Unitarians are supporters of the Helvetica Republic, you can also call the progressive; they are supporters of the ideas of the revolution. [...]

[...] All faiths are allowed if they do point disturb public order and affect any Dominion or rule. The police monitored and has the right to inquire of the dogmas and duties they teach. A sect with a foreign authority reports should influence neither on political affairs nor on prosperity and enlightenment of the people'. Why here there is freedom of conscience? This is because there are a lot of conflicts; the last is the last war of Villmergen in 1712. [...]