ABSTRACT

The Swiss Constitution of 1874 guaranteed only few procedural rights. The legal basis of these rights was the equal protection clause. The Swiss Constitution of 1999 dedicates three Articles to procedural rights. Art. 29, 29a and 30 are the cornerstones of legal protection, and they form part of the fundamental rights of the Constitution. Art. 30 of the Swiss Constitution provides for additional guarantees in judicial proceedings. A court must be legally constituted, competent, independent and impartial. Its hearings and its judgments shall be in public. The Constitution remains silent to the question of the scope of judicial review. Art. 29a is generally understood to guarantee a onetime review of facts and law by a court. Legal protection in Switzerland is traditionally linked to the nature of administrative action. The law specifies that also enforcement measures, interim orders, decisions on objections, appeal decisions etc. The Swiss Cantons have codes of administrative procedure of their own.