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Cantonal Autonomy And Federal Balance: The Swiss Model Of Decentralized Federalism

Volume
2
Issue
4
Pages
1–22
Published
Sep 2026
0
0
8
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Abstract

The paper studies the case for federalism in Switzerland. While the Switzerland due to its historical reasons called itself a confederation, however in practice it is a federation as in its name itself they have incorporated the word ‘federal constitution’. Switzerland follows a unique model of federalism which is decentralized federalism. Danile Elazar has preferred to call Switzerland as a system of “Self- rule, Shared Rule” which shows the unique decentralization in Switzerland. While Art. 3 of Swiss Constitution guarantees the autonomy of Cantons at the same time it puts the limitation of consistency with federal law. While Art. 49 explicitly mentions the predominance of Federal Law and restricts Cantons from making any provision inconsistent with such law, yet it also restricts Federal Govt. from interfering in the internal matters of Cantons. The paper has studied and critically examined the federalism and Decentralization of power in Switzerland on the basis of Written or Unwritten constitution, Rigidity of Constitution, Independence of Judiciary, Distribution of Power, No. of Constitutions, Amendment Procedure, Citizenship, emergency Provisions, Fiscal Federalism and relation between Confederation, Cantons and Communes. It also contends that the history of Switzerland has played a pivotal role in structuring the constitution and federal structure of Swiss Federalism.

Authors
AP
Adv. Prerana Pramod Gaikwad
Keywords
cantonalautonomyfederalbalanceswiss
References
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