ABSTRACT

There is a moderate trend towards the judicialisation of Swiss politics. The Swiss Federal Supreme Court has strengthened the protection of rights and expanded its power of review due to, among other factors, the European Court of Human Rights. However, recent attempts to introduce the power to review federal laws, as part of the total revision of the federal constitution, were defeated in parliament. The federal constitution, therefore, still requires that the Federal Supreme Court apply all federal laws, even if the court believes the law to be unconstitutional, thus clearly limiting the power of constitutional review. The Swiss Federal Supreme Court is, nevertheless, a relevant player in public policy-making despite its limited power of constitutional review.