Box 1.4 Main authorities of the federation: power-sharing and proportional representation among representatives of different cultures, languages and parties

Federal Assembly: Bicameral parliamentary body representing the people (National Council) and the cantons (Council of States). Both chambers have equal powers. The Federal Assembly exercises the supreme authority of the federation, having the legislative power to make all federal laws, and appointing the members of the Federal Council and the Federal Court, the Commander-in-Chief (in times of war) and other major federal bodies. It supervises all authorities of the Swiss federal government, and approves the annual budget prepared by the Federal Council.

Federal Council: Supreme executive and governing authority of the Swiss federation. Its composition mirrors power-sharing between different parties and cultures: The seven members of the Federal Council are representatives of four different political parties (in the same composition since 1959: three bourgeois centre-right and one left party). An unwritten law requires that at least two members should come from French- or Italian-speaking regions. The Council acts as a collegiate body. There is no role of prime minister with prerogatives over the other members of the Cabinet; thus most decisions come from and are underwritten by the Council as a whole. One of the seven councillors serves as president of the federation. By custom this function is carried out by a different member each year. The president has no special political privileges, only formal duties. Each federal councillor heads one of the seven ministries (called departments): Foreign Affairs; Interior; Justice and Police; Military; Finance; Public Economy; Transport, Communication and Energy. The federal administration, located mostly in Bern, has a staff of about 33,000 civil servants and employees, rail and postal services not included.

Federal Supreme Court: The Federal Supreme Court acts as the final court of appeal in cases coming from cantonal courts and involving federal law. Thus the Court acts in all areas of Swiss law but in very different functions, depending on the specificity of the case.⁶ The Court decides on conflicts between the federation and the member states and on conflicts among the cantons. It is empowered to review legislative and executive acts of the cantons and guarantees the constitutional rights of the citizens. However the Court does not have the power, either directly or by implication, to rule on the constitutionality of federal laws.

The Federal Assembly elects the 30 full-time and 30 substitute judges for a term of office of six years. The seat of the Court is located in the French part of Switzerland, in Lausanne. Attached to the Federal Supreme Court is the Federal Insurance Court in Lucerne (9 full-time judges and 10 substitutes). The composition of the Federal Court reflects two dimensional power-sharing: according to the constitution, all three official languages have to be represented in the Court, and the political factions of the Federal Assembly