Four State Constitutional Comparison Chart

CONSTITUTIONAL COMPARISON CHART
Legal Memoranda

July 2013

TABLE OF CONTENTS

Structure and Composition of Legislative Bodies 1

Legislative Powers 2

Vital Interest Veto Power 3

Division of State and Entity Powers 3

Local Self-Governance 5

Human Rights 6

Executive Election and Eligibility 7

Executive Roles 8

Council of Ministers: Selection and Composition 9

Council of Ministers: Powers 9

Judiciary 10

Defense 11

1

CONSTITUTIONAL COMPARISON CHART
BOSNIA AND HERZEGOVINA BELGIUM SPAIN SWITZERLAND
Structure and
Composition of
Legislative Bodies
The Bosnia and Herzegovina (BiH)
Parliamentary Assembly is comprised of the
House of Representatives and the House of
Peoples.

The House of Representatives shall have 42
members, of which two-thirds are elected
from the Federation of Bosnia and
Herzegovina (FBiH) and one-third from the
territory of Republika Srpska (RS).

Members of the House of Representatives
shall be directly elected from their Entity in
accordance with an election law to be
adopted by the Parliamentary Assembly. The
first election, however, shall take place in
accordance with Annex 3 to the General
Framework Agreement.
1

The House of Peoples shall have 15
Delegates, with two-thirds, including five
Croats and five Bosniaks, coming from
FBiH, and one-third coming from RS.
2

Belgium has a bicameral legislature, consisting
of a Senate and a House of Representatives.
3

The House of Representatives has 150 members,
directly elected to four-year terms.
4
The
number of seats in each electoral district
corresponds to the result of dividing the number
of inhabitants of the electoral district by the
federal divisor, which is obtained by dividing the
number of the population of the Kingdom by one
hundred and fifty.
5
The electoral districts with
the greatest population surplus not yet
represented are assigned the remaining seats.
6

The senate is made up of 71 senators, who
represent a complex distribution of the various
linguistic Regions and Communities.
7
The
constitution mandates that 25 senators are
elected by the Dutch electoral college, 15
senators are elected by the French electoral
college, ten senators are appointed by and within
the Flemish Council, ten senators are appointed
by and within the Council of the French
Community, one senator is appointed by and
within the Council of the German-speaking
Community, and that the remaining senators are
appointed by the elected and appointed
representatives subject to residency restrictions.
8

The Cortes Generales, Spains bicameral
legislature, is comprised of a Congress of
Deputies and a Senate.
9

The Congress of Deputies represents Spains
provinces, and consists of between 300 and
400 members, chosen by direct election to
serve four-year terms.
10
Each province is
allotted a minimum initial representation, as
well as additional representatives in proportion
to the population.
11

The Senate provides for territorial
representation, with each province represented
by four directly elected senators, serving four-
year terms.
12
Spain also provides
representation for cities, insular provinces,
islands, and groups of islands, granting them
representation in the congress and the senate.
13

Self-governing communities are permitted to
appoint at least one senator, plus one additional
senator for every million inhabitants in the
territory.
14

Switzerlands Federal Assembly is bicameral
in structure with two chambers of equal
standing: the National Council and the
Council of States.
15
Any person eligible to
vote may be elected to the Federal
Assembly.
16

The National Council is composed of 200
representatives, directly elected every four
years. Representation is proportional to the
population of each canton, which comprises
an electoral constituency.
17

The Council of States consists of 46
representatives of the cantons. Each Canton
elects two representatives, except for the
Cantons of Obwalden, Nidwalden, Basel-
Stadt, Basel-Landschaft, Appenzell
Ausserrhoden and Appenzell Innerrhoden,
which each elect one. Specific rules for
election of Canton representatives are
uniquely determined by each particular
Canton.
18

1
BOSNIA AND HERZEGOVINA CONST. art. IV(2)(a) (2006), available at http://legislationline.org/documents/section/constitutions.
2
BOSNIA AND HERZEGOVINA CONST. art. IV (2006).
3
BELGIAN CONST. art. 36 (1994), available at http://legislationline.org/documents/section/constitutions.
4
BELGIAN CONST. arts. 63(1), 67 (1994).
5
BELGIAN CONST. art. 63(2) (1994).
6
7
BELGIAN CONST. art. 67 (1994).
8
9
SPAIN CONST. art. 66 (1978), available at http://legislationline.org/documents/section/constitutions.
10
SPAIN CONST. art. 68 (1978).
11
12
13
SPAIN CONST. arts. 68-69 (1978) (Recognizing that the cities of Ceuta and Melilla shall be represented by one Member and two Senators each and that there shall be three Senators for each of the major islands--Gran Canaria, Mallorca and Tenerife--and one
for each of the following islands or groups of islands: Ibiza-Formentera, Menorca, Fuerteventura, Gomera, Hierro, Lanzarote and La Palma).
14
15
SWISS CONST. art. 148 (1999).
16
17
18

2
Legislative Powers The Parliamentary Assembly is responsible
for:

Enacting legislation necessary to implement
presidential decisions or advance
constitutional responsibilities;

Selecting requisite sources and revenue
amounts to operate state institutions and to
fulfill international obligations;

Budgeting for state institutions;

Overseeing the ratification or denial of
treaties;

Carrying out all other constitutional duties,
including those assigned by mutual
agreement of the Entities.
19

All matters not expressly assigned to the
institutions of Bosnia and Herzegovina are
the responsibility of the Entities.
20

The King, the House of Representatives, and the
Senate jointly exercise federal legislative
power.
21

Each branch of the federal legislature may
propose legislation.
22
The Houses also have the
right to amend proposed amendments, suggest
constitutional revisions, and amend, reject, or
adopt draft bills.
23

The Parliamentary consultation committee,
which is composed of an equal number of House
and Senate members, is responsible for settling
conflicts of competence between the legislative
bodies.
24

Matters not delegated to Regions and
Communities belong to the federal state.
25

The Cortes Generales are inviolable and
represent the Spanish people, exercising the
legislative power of the state, approving its
budget, and controlling government action,
amongst other things.
26
Specifically, the two
houses establish their own Standing Orders,
adopt their budgets autonomously and, by
common agreement, regulate the Personnel
Statutes of the Cortes Generales.
27

The two houses are responsible for proposing
legislation, drafting laws, legislative
delegation, and authorizing, for example, the
revision of legal tests.
28
However, they do not
have the power to authorize modification of
the basic law itself or to allow for retroactive
regulation.
29

The two houses convene in plenary sessions
and in committees, as well as in joint session to
exercise other, non-legislative powers.
30
The
Cortes Generales may appoint fact-finding
committees on matters of public interest,
receive individual and collective petitions, and
adopt resolutions.
31

Matters not under the express responsibility of
the state are considered within the jurisdiction
of the self-governing communities as
enumerated in their Statutes of Autonomy.
32

Matters not asserted within the Statutes of
Autonomy will default to the state.
33
State law
prevails when a conflict arises between laws of
the state and those of the self-governing
communities.
34

The Federal Assembly is primarily
responsible for the enactment of federal acts,
ordinances, or federal decrees establishing
binding legal rules.
35
Legislation may be
enacted on issues related to the exercise of
political and constitutional rights, the
assessment of taxes and duties, the
obligations of the cantons, and the
organization and procedure of federal
authorities.
36
The Federal Assembly is
further tasked with the enactment of
emergency legislation, the approval of
international treaties, and the adoption of the
federal budget.
37

The Federal Assembly is also responsible for
electing members of the government and
maintains supervisory control of several
bodies carrying out the duties of the
Confederation.
38
Additional duties and
powers include: safeguarding Switzerlands
external and internal security; regulating
active service through mobilization of armed
forces; enforcing federal law; planning state
activities; and issuing pardons and
amnesties.
39

Matters that are not the responsibility of any
other authority are considered to be within
the scope of the Federal Assembly.
40

19
BOSNIA AND HERZEGOVINA CONST. art. IV(4) (2006).
20
BOSNIA AND HERZEGOVINA CONST. art. III(3) (2006).
21
22
23
BELGIAN CONST. arts. 76-77, 81 (1994).
24
25
Belgian Federal Government, The Federal Governments Powers (May 22, 2013), available at http://www.belgium.be/en/about_belgium/government/federal_authorities/competence_federal_government/.
26
27
28
SPAIN CONST. art. 81-82, 87 (1978).
29
30
SPAIN CONST. art. 74-75 (1978).
31
SPAIN CONST. art. 76-77, 79 (1978).
32
SPAIN CONST. art. 149(3) (1978).
33
34
35

3
Vital Interest Veto
Power
A decision proposed by the Parliamentary
Assembly can be declared destructive of a
vital interest of an ethnic people by a
majority of the appropriate Bosniak, Croat,
or Serb Delegates. In such case, the relevant
decision requires approval by a majority of
Bosniak, Croat, and Serb Delegates in the
House of Peoples. Where a majority of
delegates object to the invocation of the vital
interest veto, the House of Peoples will
convene a joint commission of three selected
Bosniak, Croat, and Serb Delegates, who
will convene to resolve the issue. Failure to
reach resolution within five days results in an
expedited review process before the
Constitutional Court.
41

A dissenting member of the presidency may
also deem a Presidency Decision as
destructive of a representative groups vital
interest within three days of its adoption.
Such decision will be immediately referred
to the RS National Assembly (if the Serb
member dissented), to the Bosniaks in the
House of Peoples of the Federation (if the
Bosniak member dissented), or the Croats in
the House of Peoples of the Federation (if the
Croat member dissented), where a two-thirds
vote determines whether it will take effect.
42

The Belgian Constitution does not specifically
define vital national interest. However, if a
linguistic group feels that a certain law is
gravely damaging to the relations between the
Communities, it may veto the law with a motion
signed by at least three-quarters of its
members.
43
The group may only make the
motion in the period after a bill has been
introduced, and prior to its final vote in public
session. The motion also must be justified,
though this term is undefined.
44

Once a linguistic group has made a protective
motion, the motion is sent to the Council of
Ministers, which has 30 days to review the law
with the legislature and make recommendations.
After settling on its recommendations, the
Council of Ministers invites the chamber of
parliament that invoked the motion to
comment.
45

Protective motions may not be used to veto
budgets or laws requiring a special majority, and
may be employed only once in discussing a
particular law.
46

Not discussed in this constitution. Not discussed in this constitution.
Division of State
and Sub-State
Powers
Relations between the institutions and
Entities of BiH are governed by the
constitution, which delineates the specific
and shared responsibilities of each.

The institutions of BiH maintain
responsibility for:

foreign policy; foreign
trade policy; customs; monetary policy; the
finances of the states institutions and
international obligations; international and
inter-Entity criminal law enforcement
Belgiums federal state is partitioned into
overlapping political divisions. At the federal
level, the state is divided into Communities and
Regions. Within Belgium there is a Flemish
Community, a French Community, and a
German Community. There are also three
Regions: the Flemish Region, the Walloon
Region, and the Brussels Region.
50

Each Community is governed by a Community
Council and holds competency over matters
Spains Federation of Autonomous
Communities is formally a unitary state, but
functions as a federation of states with varying
degrees of autonomy.

Autonomous Communities are specifically
responsible for: self-government institutions;
municipal boundary changes within their
territory; local planning, housing, and
infrastructure; general economic planning and
development, including agriculture, forestry,
The Swiss Confederation is based on the
principle of federalism: twenty-six Cantons
and half Cantons comprise the state.
59
The
Confederation will only undertake those
tasks assigned to it in the federal
constitution, leaving the Cantons with broad
discretion to define the scope of their
powers.
60

The Confederation has explicit authority
over the following areas: foreign relations;

36
37
SWISS CONST. arts. 165-167 (1999).
38
39
SWISS CONST. art. 173(1) (1999).
40
SWISS CONST. art. 173(2) (1999).
41
BOSNIA AND HERZEGOVINA CONST. art. IV(3)(e-f) (2006).
42
BOSNIA AND HERZEGOVINA CONST. art. V(2) (2006).
43
44
45
46

4
(including relations with Interpol); the
operation and establishment of domestic and
international communications facilities; and
the regulation of transportation, including
air-traffic control.
47

The Entities have more generalized
responsibilities, including: the establishment
of special parallel relationships with
neighboring states; assistance in honoring
international obligations; and maintenance of
civilian law enforcement agencies to provide
a safe and secure environment. Entities also
have the power to facilitate international
agreements with other states and
international organizations upon approval by
the parliamentary assembly.
48

The Entities assume responsibility for
governmental functions and powers not
expressly assigned in the constitution, with
the president facilitating inter-entity
coordination and BiH undertaking partial
responsibility where necessary.
49

related to culture, education, and language, as
well as personal issues for their communities.
Regions, in contrast, govern territorial issues,
such as town planning and environmental
concerns.
51

Additionally, Belgium is comprised of four
linguistic regions: Dutch-speaking, French-
speaking, bilingual, and German-speaking.
Each municipality of the Kingdom forms part
of one of these linguistic regions.
52

Belgiums constitution has been amended in five
major revisions since 1970, largely to transfer
powers from the national government to the
regional and ethnic, local governments.
53
As it
currently stands, federal authority only has
competences in the matters that are formally
assigned to it by the constitution and the laws
passed by virtue of the constitution itself. The
Communities and Regions, each in their own
field of concern, have competences for the other
matters, under the conditions and in the terms
stipulated by the law.
54

environmental protection, and hydraulic
projects; cultural promotion and development,
such as handicrafts, museums, libraries, and
monuments of interest; tourism planning;
social assistance and health care; and
coordination and powers related to local police
and security.
55

Autonomous Communities are able to further
expand their powers through statutory
amendment.
56

Federal competence, on the other hand,
extends to the following areas: protection of
equality and constitutional rights; immigration
and matters relating to nationality;
administration of justice and commercial,
criminal, penitentiary, procedural, labor, and
civil litigation; international relations and
defense; general planning of economic activity
and finances; external health measures and
coordination; social security and public
administration; transboundary infrastructure,
including construction of telecommunications
and cable networks and their regulation; public
safety, including possession, use, and sale of
arms and explosives; protection of cultural and
artistic heritage through national monuments,
museums, and archives belonging to the state;
and education and statistics.
57

Matters not expressly assigned to the State by
virtue of the present constitution may fall
under the jurisdiction of the Autonomous
Communities by virtue of their respective
statutes. Matters for which jurisdiction has not
been assumed by the Statutes of Autonomy
shall fall within the jurisdiction of the State,
organization and deployment of armed
forces; civil defense; professional training
and continuing education; research and
innovation; statistics; education grants;
environmental protection; spatial planning;
fishing, hunting, and protection of wildlife;
public construction and transportation
infrastructure; postal and
telecommunications; consumer protection;
banking and monetary policy; structural
policy and agriculture; employment,
pensions, and insurance; health insurance
and health protection; and residency.
61

On the other hand, Cantons assume
responsibility of the following issues:
school systems; language preservation and
education; regulation of church and state;
preservation of natural and cultural heritage;
sustainable energy; supervision and licensing
of gambling, sports betting, and other games;
aid for elderly and those with disabilities;
support for persons in need; and organization
of courts and the administration of justice in
civil and criminal trials.
62

Powers are shared between the
Confederation and the Cantons on matters
relating to internal security, primary and
higher education, water resources, economic
freedom, supplementary benefits, and
subsidies.
63

50
BELGIAN CONST. arts. 1-3 (1994).
59
60
47
BOSNIA AND HERZEGOVINA CONST. art. III (1) (2006).
48
49
51
BELGIAN CONST. Chap. IV, II(I) (On Community Responsibility) (1994).
52
53
Patrick Peeters, The Fifth Belgian State Reform (Lambermont): A General Overview, 9 EUR. PUB. L. 1, 3 (2003).
54
55
SPAIN CONST. art. 147(3)(1) (1978).
56
SPAIN CONST. art. 147(3)(2) (1978).
57

5
whose laws shall prevail, in case of conflict,
over those of the Autonomous Communities
regarding all matters over which exclusive
jurisdiction has not been conferred upon the
latter. State law shall, in all cases, be
supplementary to that of the Autonomous
Communities.
58

Local Self-
Governance
Not discussed in this constitution. Belgiums Communities and Regions have
separate, directly elected parliaments, the
composition and functioning of which are
determined by law.
64
Members of the
Community and Regional Parliaments serve
five-year terms, and are re-elected as a whole.
65

A member of the Community or Regional
Parliament cannot simultaneously serve as a
member of the House of Representatives or of
the Senate.
66

Community Parliaments are responsible for
regulations of cultural matters, education,
cooperation between the Communities,
international cooperation, and other person-
related matters.
67
Community Parliaments also
regulate the use of language for administrative
matters, education, social relations, and
employment, and may propose legislation, and
exercise the competencies of their respective
regions.
68

Amongst other things, Regional Parliaments
dictate the use of revenues.
69

While declaring that Spain is the indivisible
homeland of all Spaniards, the constitution
recognizes the right to self-governance of all
nationalities and regions in Spain.
70
The
constitution allows all territories with common
historical, cultural, and economic
characteristics to determine their desired level
of autonomy through local laws based on the
will of the people.
71
Spains federation
consists of municipalities, provinces, and self-
governing Autonomous Communities.
72

Municipalities enjoy full legal personality,
with town councils, consisting of mayors and
councillors, assuming responsibility for
government and administration. Municipality
residents elect councillors through direct
elections. Mayors are elected by ten
councillors, or by the residents, depending on
the laws regulating council terms.
73

Provinces are local entities with legal
personality determined by the grouping of
municipalities and by territorial division, in
order to carry out the activities of the State.
Provincial councils provide for the governance
and autonomous administration of the
provinces.
74
Notably, provincial councils are
also responsible for the initiation of the process
Except as limited by the federal constitution,
the Cantons are sovereign and may exercise
all rights not vested in the constitution.
78

Each Canton adopts a democratic
constitution, dictating its own form of
government and the structure of its
institutions, subject to constituent approval,
revision, and some federal limitations.
79
The
Cantons are made up of smaller
governmental units referred to as
Communes, which have further autonomy
under cantonal law.
80

The Confederation must fulfill all duties
assigned by the federal constitution,
including maintaining the constitutional
order of the Cantons.
81
However, the
Confederation should only undertake those
tasks that the Cantons are unable to perform
or that require uniform regulation.
82

The Confederation and the cantons owe a
mutual duty of consideration, and must
provide support, assistance, and general
cooperation where necessary.
83
The Cantons
may decide their duties, and the
Confederation must respect the scope of that
authority, ensuring that the Canton has
adequate resources to fulfill its tasks.
84

61
SWISS CONST. arts. 54, 58, 60-61, 63-66, 74-75, 79-88, 92, 97-99, 103-04, 110-14, 117-18, 121 (1999).
62
SWISS CONST. arts. 62, 69-70, 72, 77, 89, 106, 112c, 115, 122-23 (1999).
63
SWISS CONST. arts. 57, 63, 76, 94, 112a, 114 (1999).
58
64
65
66
67
68
BELGIAN CONST. arts. 129, 132, 137 (1994).
69
70
71
72
73
74

6
toward becoming an autonomous
community.
75

Autonomous Communities, enjoy self-
government for the management of their
respective interests.
76
In the national interest,
the Cortes Generales may authorize creation of
Autonomous Communities by means of
organic law or by grant of a statute of
autonomy.
77

However, in cases of conflict, federal law
will take precedence over conflicting
provisions of cantonal law, and the
Confederation must ensure compliance with
federal law.
85

Human Rights BiH and the Entities maintain the highest
level of internationally recognized human
rights and fundamental freedoms.
86
The
European Convention for the Protection of
Human Rights and Fundamental Freedoms
and its Protocols are directly applicable in
BiH and take precedence over all other law.
Annex I further provides for the
incorporation of 15 additional human rights
agreements.
87

Competent authorities in BiH must work
with international human rights monitoring
mechanisms and supervisory bodies.
88
In
compliance with Annex 6 of the Dayton
Agreement, the state also must provide for a
specific Human Rights Commission for
BiH.
89

Belgium citizens enjoy a variety of rights,
including the absence of class distinctions,
equality before the law, and enjoyment of rights
and freedoms without discrimination.
93

Individual freedom is guaranteed, as are
freedoms of property, worship, privacy and
family life, and the press.
94

The constitution also guarantees various
economic, social, and cultural rights, such as the
right to human dignity, employment, social
security, health care, medical and legal aid,
decent accommodation, healthy environment,
and social and cultural fulfillment.
95
In addition,
Belgians have the right to gather peaceably and
without arms, and the right to enter into
associations or partnerships.
96

Principles relating to fundamental rights and
liberties delineated in the constitution are to be
interpreted in conformity with the Universal
Declaration of Human Rights and other
international treaties and agreements ratified
by Spain.
97

The preamble of the Spanish Constitution
provides for the protection of all Spaniards
and peoples of Spain in the exercise of human
rights, of their cultures and traditions, and of
their languages and institutions.
98
Human
dignity, equality before the law and other
inviolable and inherent rights, such as the
right to life, security, personal and family
privacy, peaceful assembly and association,
participation in public affairs, effective
protection, education, unionization, and
petition, are explicitly guaranteed.
99
The
The Federal Constitution sets out the
fundamental rights and freedoms guaranteed
by the Confederation.
101

Because the Swiss model of tiered
citizenship creates the possibility that local
authorities could treat citizens of the federal
state differently on the basis of their cantonal
or communal citizenship, the constitution
provides both equal protection and non-
discrimination provisions, prohibiting
Cantons and Communes from discriminating
against citizens of other Cantons or
Communes.
102

Aside from equality before the law, broad
rights and liberties delineated in the
constitution include human dignity, good
faith, and due process guarantees.
103
More

78
79
80
81
SWISS CONST. arts. 42, 52 (1999).
82
SWISS CONST. art. 43a (1999).
83
84
75
76
77
85
86
BOSNIA AND HERZEGOVINA CONST. art. II (2006).
87
BOSNIA AND HERZEGOVINA CONST. Annex I (2006).
88
BOSNIA AND HERZEGOVINA CONST. art. II(8) (2006).
89
93
94
BELGIAN CONST. arts. 12, 16, 19, 22, 23 (1994).
95
BELGIAN CONST. arts. 23 (1994).
96
97
98
SPAIN CONST. preamble (1978).
99
SPAIN CONST. arts. 14-15, 17-18, 21, 23-24, 27-29 (1978).

7
The BiH Constitution contains a list of
enumerated human rights and fundamental
freedoms, which apply to all persons within
the territory, and include: the right to life;
the right not to be subjected to torture or to
inhuman or degrading treatment or
punishment; the right not to be held in
slavery or servitude or to perform forced or
compulsory labor; the right to liberty and
security of person; the right to a fair hearing
in civil and criminal matters, and other rights
relating to criminal proceedings; the right to
private and family life, home, and
correspondence; freedom of thought,
conscience, and religion; freedom of
expression; freedom of peaceful assembly
and freedom of association with others; the
right to marry and to found a family; the
right to property; the right to education; and
the right to freedom of movement and
residence.
90

These enumerated rights and freedoms, as
well as those incorporated through
international agreements, are provided to all
persons in BiH without discrimination.
91

State courts, agencies, and governmental
organs must facilitate enjoyment of the
included rights and freedoms, and no
constitutional amendment may diminish or
eliminate them.
92

constitution protects freedom of ideology and
religion, residence, expression, and teaching.
100

specific rights and freedoms, such as the
rights to privacy and to basic education, and
the freedoms of religion, expression,
assembly, and association, are also
guaranteed.
104

Executive Election
and Eligibility
The executives are directly elected in BiH.
The presidency of BiH consists of three
members: one Bosniak, one Croat, and one
Serb. The Bosniak and Croat members are
each directly elected from the Federation of
BiH, while the Serb member is directly
elected from the RS.
105

Direct election occurs in each Entity, with
Under the Belgium Constitution, the king
maintains federal executive power.
108
The
executive powers of the king are hereditary
through the direct, natural and legitimate descent
from H.M. Leopold, George, Christian,
Frederick of Saxe-Coburg, by order of
primogeniture.
109

The king attains power on his 18th birthday,
The executive is indirectly selected in Spain.
Following consultations with the speaker of
congress and representatives appointed by the
various political groups with parliamentary
power, the king nominates a candidate for
president of the government.
115
The candidate
must be approved by an absolute majority vote
of the Congress of Deputies to be appointed
president by the king.
116

The executive is indirectly selected in
Switzerland. The National Council and
Council of States shall each select a
president from its members to serve a one-
year term, with no option for reelection.
118

The Federal Assembly likewise elects the
president of the Confederation from the
members of the Federal Council to also serve

101
SWISS CONST. Title Two: Fundamental Rights, Citizenship and Social Goals (1999).
102
103
SWISS CONST. arts. 7-9, 29-32 (1999).
90
BOSNIA AND HERZEGOVINA CONST. art. II(3)(a-m) (2006).
91
92
BOSNIA AND HERZEGOVINA CONST. arts. II(6), X (2006).
100
SPAIN CONST. arts. 16, 19-20, 27 (1978).
104
SWISS CONST. arts. 13, 15-16, 19, 22 (1999).
105
BOSNIA AND HERZEGOVINA CONST. art. V (2006).
108
109

8
each voter casting a ballot to fill one seat in
the presidency, as dictated by an election law
adopted by the parliamentary assembly. The
member receiving the highest number of
votes will serve as chair for the first term of
the presidency. The Parliamentary Assembly
will dictate later succession by rotation or
otherwise. The first election, however,
shall take place in accordance with Annex 3
to the General Framework Agreement. Any
vacancy in the Presidency shall be filled
from the relevant Entity in accordance with a
law to be adopted by the Parliamentary
Assembly.
106

Members of the presidency elected in the
first election serve a two-year term, with
those elected in following elections serving a
term of four years. Members may serve two
subsequent terms, but will thereafter be
ineligible for re-election for four years.
107

upon swearing an oath to observe the
constitution and the laws of the Belgian people,
to preserve the countrys national independence
and its territorial integrity.
110
If the successor is
a minor at the time of the kings death, the two
houses meet as a single assembly to appoint a
regent and a guardian.
111

Though a descendent may be deprived of his
right to the crown for marrying without consent,
the king, or those exercising his powers, may
restore executive power upon the assent of both
houses.
112
Where there is no descendent, the
king may appoint his successor, with two-thirds
assent of the houses.
113
If the throne is vacant,
the two houses meet as a single assembly and
provisionally appoint a regent until the
convening of the renewed houses. At that point,
the new houses, deliberating as one assembly,
will fill the vacancy.
114

The president, and government in its entirety,
must resign in the event of a loss of
parliamentary confidence following the
holding of general elections.
117

a term of one year.
119

Executive Roles The presidency assumes responsibility for
BiHs foreign policy, including the
appointment of state ambassadors and
international representatives, representation
of BiH in international and European
organizations and institutions, and
negotiating and ratifying (with the consent of
the Parliamentary Assembly) treaties.
Additionally, the presidency is responsible
for executing Parliamentary Assembly
decisions, proposing an annual budget, and
performing all other functions necessary or
assigned by the Parliamentary Assembly or
the Entities.
120

Though the Kings person is inviolable,
121
he
only possesses powers attributed to him formally
by the constitution or by specific law, and no act
can take effect without the countersignature of a
minister.
122

The king appoints and dismisses his ministers,
including the prime minister, as well as the
federal secretaries of state.
123
He also bestows
ranks within the army, appoints civil servants,
confers titles of nobility, and makes other
appointments as necessary.
124

The king may sanction and promulgate laws, and
The president of the government is backed by
confidence of both Houses, and jointly
accountable for their political management.
128

The president is also responsible for the
direction of the states domestic and foreign
policy, exercising executive and statutory
authority in accordance with law.
129

The president directs Government action and
coordinates the functions of the other members
thereof, without prejudice to the competence
and direct responsibility of the latter in
carrying out their duties.
130
Specifically, the
president may propose referendums on
The president of the National Council leads
joint sessions of the National Council and
the Council of States as the United Federal
Assembly; the president oversees the
conducting of elections, deciding on
conflicts of jurisdiction, and rulings on
pardons applications.
133

The president of the Confederation assumes
a largely ceremonial roll, serving as chair of
the Federal Council.
134

115
SPAIN CONST. arts. 62, 99(1) (1978).
116
118
106
BOSNIA AND HERZEGOVINA CONST. art. V(1)(a) (2006).
107
BOSNIA AND HERZEGOVINA CONST. art. V(1)(b) (2006).
110
111
112
113
114
117
119
120
121
122
123
BELGIAN CONST. arts. 96, 104, 106 (1994).

9
make decrees, regulations, and mint money for
their execution; however, he does not have the
power to suspend laws or grant dispensation for
their execution.
125
The king may remit or reduce
sentences passed by judges, but may not rule
with regard to or pardon minister or members of
the Community or Regional government.
126

Finally, the king directs international relations,
including the concluding of treaties.
127

political decisions of special importance, may
ask for a vote of confidence in favor of a
program or policy statement, and may even
propose the dissolution of Congress, the
Senate, or the Cortes Generales.
131

However, the presidents position is regulated
by law, preventing the exercise of
representative functions outside of
parliamentary mandate, and engagement in
professional or commercial activities.
132

Council of
Ministers: Selection
and Composition
The Council of Ministers is composed of the
chair and the ministers. The chair is
nominated by the presidency, pending the
approval of the House of Representatives.
The chair subsequently nominates the
foreign minister, minister of foreign trade,
and all other appropriate ministers, who take
office upon the House of Representatives
approval. Deputy ministers, who may not be
of the same constituent people as their
ministers, may also be nominated by the
chair and approved by the House of
Representatives. The Council of Ministers
may not be composed of more than two-
thirds of ministers from the territory of the
Federation and must resign upon a vote of no
confidence by the Parliamentary
Assembly.
135

The Council of Ministers has 15 members and,
with the exception of the prime minister, is
composed of an equal number of Dutch-
speaking and French-speaking members (seven
and seven).
136

The king appoints and dismisses his ministers,
who must be Belgian and unrelated to the royal
family.
137

Ministers may be created by law.
138
The king
is responsible for the appointment and
dismissal of the Council of Ministers, based
upon the proposal of the President.
139

Organic law regulates the composition and
competence of the Council of State, the
supreme consultative body of the
government.
140
Organic laws are passed by an
absolute majority of the Congress of Deputies,
and these laws relate to the implementation of
fundamental right and public freedoms, laws
relating to approval of the Statutes of
Autonomy, and the general electoral system.
141

The Federal Council consists of seven
members, who are elected by the United
Federal Assembly following the general
election to the National Council to serve a
four-year term. Though all Swiss citizens
that can be elected to the National Council
are eligible, care must be taken to guarantee
that the states geographic and linguistic
regions are adequately represented on the
Council.
142

Council of
Ministers: Powers
The Council of Ministers is responsible for
executing the policies and decisions of BiH
in the following fields: foreign policy;
The Kings person is inviolable; his ministers
are accountable.
145
Ministers must countersign
all acts of the king for them to take effect and, in
The Council of Ministers is responsible for the
passing of government bills, which are
subsequently referred to congress along with a
The Federal Council is the supreme
governing and executive authority of the
Confederation.
151
The Federal Assembly

124
BELGIAN CONST. art. 107, 113 (1994).
128
SPAIN CONST. arts. 99(3), 108 (1978).
129
130
133
134
125
126
127
131
SPAIN CONST. arts. 92, 112, 115 (1978).
132
135
136
137
BELGIAN CONST. arts. 96, 97-98 (1994).
138
139
SPAIN CONST. arts. 62(e), 100 (1978).
140
141
142
145

10
foreign trade policy; customs policy;
monetary policy; finances of the institutions
and for the international obligations of BiH;
immigration, refugee, and asylum policy and
regulation; international and inter-entity
criminal law enforcement, including
relations with Interpol; establishment and
operation of common and international
communications facilities; regulation of
inter-Entity transportation; air traffic control;
inter-Entity coordination; such other matters
as are agreed by the Entities, are provided for
in Annexes 5 through 8 to the General
Framework Agreement, or are necessary to
preserve the sovereignty, territorial integrity,
political independence, and international
personality of BiH.
143

The Council of Ministers must report to the
Parliamentary Assembly annually on all
matters, including BiH expenditures.
144

doing so, assume complete responsibility for
their content.
146

Ministers are accountable to the House of
Representatives, but granted access to both
legislative houses, where they must be heard
upon request.
147

The Council of Minister is also responsible for
the issuance of reasoned opinions on matters
voted by three-quarters of a linguistic group to
gravely damage relations between the
communities.
148

statement outlining the legal grounds and facts
necessary to render a decision.
149

Deliberation by the Council of Ministers is
also a prerequisite to many functions of the
presidency, including a vote of confidence, a
proposal to dissolve the legislative bodies, or
declare a state of alarm.
150

may assign tasks to the Federal Council,
though generally the Federal Council is in
charge of the federal administration.
152

Specifically, the Council ensures proper
organization and the efficient completion of
duties, delegates tasks, decides on the
objectives of government policy, and
coordinates state activities.
153
The Council
also has the right to initiate, enact, and
ensure the implementation of legislation and
legislative provisions in the form of
ordinances.
154

Other powers of the Council include:
financial planning; foreign relations; external
and internal security; mobilization of armed
forces; treaty compliance; and handling
appeals.
155

Judiciary The Constitutional Court of BiH has nine
members: four selected by the House of
Representatives of the Federation; two
selected by the RS Assembly; and three
selected by the president of the European
Court of Human Rights following
consultation with the presidency.

Any qualified, eligible voter may serve as a
Constitutional Court judge, provided he or
she is of high moral standing. The European
Court of Human Rights appointees, however,
may not be citizens of BiH or any
neighboring state. Judges initially appointed
serve five-year terms and are not eligible for
The Supreme Court of Belgium governs the
entire state, but has no competence over a cases
substance, making decisions only where there is
a conflict of powers.
157
There are five lower
appeal courts: (1) the Brussels Appeal Court,
which has jurisdiction over the provinces of
Flemish Brabant, Walloon Brabant, and the
bilingual region of Brussels-Capital; (2) the
Ghent Appeal Court, which has jurisdiction over
the provinces of West Flanders and East
Flanders; (3) the Antwerp Appeal Court, which
has jurisdiction over the provinces of Antwerp
and Limburg; (4) the Liege Appeal Court, which
has jurisdiction over the provinces of Liege,
Namur and Luxembourg; and (5) the Mons
The Supreme Court is Spains high judicial
body and has jurisdiction over the entirety of
Spain. The Courts president is proposed by
the General Council of the Judiciary, and
appointed by the king.
166

The exercise of judicial authority in any kind
of action, both in passing judgment and having
judgments executed, lies exclusively within the
competence of the Courts and Tribunals
established by the law, in accordance with the
rules of jurisdiction and procedure which may
be established therein.
167

The Organic Law of the Judiciary, through its
The Federal Supreme Court of the Swiss
Confederation is the supreme judicial
authority of Switzerland. The Court has its
own administration, with particular
organization, procedure, and jurisdiction
governed by law.
172
The Federal Supreme
Court jurisprudence includes: federal law;
international law; inter-cantonal law;
cantonal constitutional rights; the autonomy
of the Communes and other cantonal
guarantees in favor of public law
corporations; federal and cantonal provisions
on political rights.
173

The Federal Supreme Court may also hear

151
143
BOSNIA AND HERZEGOVINA CONST. art. III(1, 4, 5) (2006).
144
146
147
148
149
150
SPAIN CONST. arts. 112, 115-16 (1978).
152
153
154
155
157
BELGIAN CONST. arts. 147, 158 (1994).

11
reappointment. Judges subsequently
appointed may serve until age 70, provided
that they are not removed for cause by
consensus of the other judges.

The Court may adopt its own rules by a
majority of all members, which constitutes a
quorum. The Court holds public proceedings
and issues published opinions explaining its
decisions.

The Constitutional Court must uphold the
constitution and has exclusive jurisdiction to
decide any dispute that arises under it
between the Entities, BiH, or institutions,
including whether parallel relationships with
neighboring states and provisions of an
Entitys constitution or law comply with the
constitution. The Court also has appellate
jurisdiction over issues arising from the
judgments of other BiH courts and over
issues referred by any BiH court concerning
a laws compatibility with the constitution,
the Convention for Human Rights and
Fundamental Freedoms, or with the laws of
BiH.

Court decisions are final and binding.
156

Appeal Court, which has jurisdiction over the
province of Hainaut.
158

Disputes about civil and political rights belong
exclusively to the competence of the courts,
except where law provides otherwise.
159
All
hearings and judgments are made public, where
doing so does not endanger morals or peace.
160

Justices of the peace and judges are appointed to
lifetime terms by the king, in accordance with
law, based on the reasoned nomination of a
nomination and appointment committee.
161
The
High Council of Justice, comprised of Dutch and
French-speaking colleges, with equal members
elected directly by their peers and appointed by
the senate, is responsible for the nomination and
training of judicial candidates, the operation and
organization of the judiciary, and general
surveillance.
162

At the federal level, as prescribed by law, the
king appoints justices of the peace, judges of the
courts (to include military, commercial, and
labor courts), and Supreme Court judges.
163

Federal law organizes and regulates specialized
military, commercial, and courts.
164
Federal law
also determines the organization, rules, and
powers for courts of enforcement and
penalties.
165

governing body, the General Council of the
Judiciary, oversees initiation, operation, and
control of Court and Tribunals, in addition to
the legal status of judges and magistrates. The
General Council is comprised of the president
of the Supreme Court, with 20 members
appointed to five-year terms by the king. The
20 appointees shall consist of 12 judges and
magistrates, plus four congressional and four
senate nominees, with acknowledged
competence and over 15 years of professional
experience.
168

While actively in office, judges and
magistrates are disallowed from belonging to
political parties or trade unions, and from
holding other public office, and must comply
with specific methods of professional
association.
169

Judicial proceedings are public, unless
provided otherwise by procedural rules.
170

Sentences and other final judgments of the
courts must be executed by the state.
171

disputes between the Confederation and
Cantons, or between the Cantons
themselves.
174

Other federal judicial authorities include
criminal courts, which hear criminal cases
under federal jurisdiction at first instance;
judicial authorities appointed to hear public
law disputes; and cantonal judicial
authorities, appointed to judge civil and
criminal cases, and public law disputes.
175

All Swiss citizens entitled to vote are eligible
to serve on the Court.
176
Only law binds
judicial authorities, making them
independent in the exercise of judicial
powers.
177

Defense Each member of the presidency is given
civilian command authority over the armed
The king has the power to grant military orders
in accordance with law.
179
Army recruitment
Citizens are guaranteed the right and the duty
to defend Spain. The state maintains
It is within the scope of the powers of the
Confederation and the Cantons to ensure the

166
167
172
173
156
BOSNIA AND HERZEGOVINA CONST. art. VI (2006).
158
159
160
161
162
163
164
165
168
169
170
171
174
175
SWISS CONST. art. 191(a), (b) (1999).
176
177
SWISS CONST. art. 191(c) (1999).

12
forces. The members shall select a Standing
Committee on Military Matters to coordinate
and oversee the activities of BiHs armed
forces.

An Entity must not threaten or use force
against another Entity and may not, under
any circumstances, authorize armed forces to
enter or stay within the territory of another
without consent of the government and of the
presidency. The armed forces must operate
in a matter consistent with the sovereignty
and territorial integrity of BiH.
178

methods and the rights and duties of military
personnel are also determined and regulated by
law.
180
Belgian citizens are eligible for military
and civil service, although the law may grant
exceptions.
181
Conscription was abolished in
1994.
182

The law determining military quotas is valid
only for one year, and subject to an annual vote
for renewal.
183

exclusive competence over matters of defense
and the armed forces, with law determining
military obligation, delineating compulsory
service in the event of crisis, and regulating
grounds for exemption.
184
Military service is
not mandatory, and the law may impose
community service instead of compulsory
military service.
185

The king maintains supreme command of the
military and armed forces, though the
government is responsible for civil and
military administration, as well as the general
defense of the state.
186

security of Switzerland and the defense of its
people through coordinated internal security
efforts.
187

Switzerland maintains armed forces,
organized as a militia, to prevent war and to
maintain peace.
188
Male Swiss citizens are
required to do military, or alternative civilian
service, or pay a tax.
189

Though individual Cantons run military
installations, such projects may be taken
over by the Confederation, which assumes
responsibility for the armed forces and their
deployment.
190

179
178
180
181
182
Military Service Age and Obligation, CIA WORLD FACTBOOK (Jun. 28, 2013), available at https://www.cia.gov/library/publications/the-world-factbook/fields/2024.html.
183
184
SPAIN CONST. arts. 30, 97 (1978).
185
186
SPAIN CONST. arts. 62, 97 (1978).
187
188
189
190

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