The constitutional position of the Swiss parliament in the context of the principle of separation of powers

Abstract

This article considers the fundamental part of the Swiss constitution relating to the legal position of parliament and its powers. The regulatory provisions give the Federal Assembly significant predominance over other bodies of authority. The clearest example is the provision of the federal constitution that gives parliament oversight over the government, federal administration and federal courts. This provision, particularly given that the constitution makes no direct reference to the principle of separation of powers, may appear to indicate that state authority is unified in just one organ – contravening the model of democracy in which the principle of separation of powers is a fundamental element. It is shown here that it is unreasonable to read the constitutional provisions in a purely literal manner, and that they should be interpreted in the light of the functions that the provisions in question are intended to fulfil, particularly in the context of the rules of a democratic state.