To read and to study a cantonal constitution currently appears as a hobby, a kind of rare and even eccentric pastime. Andreas Auer1
In recent years, Switzerland has been witnessing a mushrooming of cantonal constitutions as several new constitutions have entered into force: Graubünden (1 January 2004), Fribourg (1 January 2005), Zurich (1 January 2006), Basel-Stadt (13 July 2006), and Luzern (1 January 2008).
On 19 October 2008 a constituent assembly was elected in the canton of Geneva,2 which published a pilot study for the new cantonal constitution on 13 January 2011. Last but not least, a popular vote on the new constitution of the canton of Schwyz took place on 15 May 2011.This is the culmination of a phenomenon that started several decades ago. During the last thirty years, almost all Swiss cantons have given themselves new constitutions that required a huge legal and political effort that allowed the cantons to preserve their role as laboratories for democracy and good governance. Consequently, it seems perfectly legitimate for us to pay some considered attention to this “eccentric” topic and to try to answer some important questions: Why do Swiss cantons have constitutions? How are they drafted? How are they amended and why? Trying to answer these questions means also trying to provide insights into a field that is usually neglected.