Swiss vs Us Legal Systems: Comparative Approach
The legal system of Switzerland is inherited from the Romano-Germanic tradition. Highly influenced by the Germanic codes in its early days, the Helvetic Confederation was equally marked by France. More precisely, the country received the codified law with the Napoleonic invasion at the beginning of the nineteenth century . Unlike the US, Switzerland is definitely a civil law country.
Despite the fundamental difference relating to their legal tradition, USA and Switzerland are both true federal states. This implies that their judicial organization is, under many aspects, extremely similar. However, the legal system of these two countries varies on critical points or notions, which appeared to me confusing or rather difficult to conceive. In pointing to these differences, I will first focus on (1.) the peculiarities of the federal organization of my country then on (2.) the judiciary branch in Switzerland, and especially on the role and the power of the Swiss Supreme Court. Finally, I will conclude with a few words about (3.) the civil procedure and jurisdiction issues.
1. Federalism
Switzerland is composed by twenty-six states, called “Cantons”. Historically, most of these Cantons were mini-states, supreme in matters of legal internal administration. On 12th September 1848 a liberal constitution – largely modeled on that of the US - came into force (hereinafter the “federal Constitution”), replacing the collection of bilateral treaties and agreements that had bound the Cantons together up to then. According to the federal Constitution, the political structure of Switzerland is split into three different levels: the Confederation, the Cantons and the local authorities. Like the US federal government, the Swiss federal government, called the Confederation, only has authority in those areas in which it is empowered by the Constitution . All the other tasks are dealt with by the Cantons. In some areas, the Confederation and the Cantons share certain
Despite the fundamental difference relating to their legal tradition, USA and Switzerland are both true federal states. This implies that their judicial organization is, under many aspects, extremely similar. However, the legal system of these two countries varies on critical points or notions, which appeared to me confusing or rather difficult to conceive. In pointing to these differences, I will first focus on (1.) the peculiarities of the federal organization of my country then on (2.) the judiciary branch in Switzerland, and especially on the role and the power of the Swiss Supreme Court. Finally, I will conclude with a few words about (3.) the civil procedure and jurisdiction issues.
1. Federalism
Switzerland is composed by twenty-six states, called “Cantons”. Historically, most of these Cantons were mini-states, supreme in matters of legal internal administration. On 12th September 1848 a liberal constitution – largely modeled on that of the US - came into force (hereinafter the “federal Constitution”), replacing the collection of bilateral treaties and agreements that had bound the Cantons together up to then. According to the federal Constitution, the political structure of Switzerland is split into three different levels: the Confederation, the Cantons and the local authorities. Like the US federal government, the Swiss federal government, called the Confederation, only has authority in those areas in which it is empowered by the Constitution . All the other tasks are dealt with by the Cantons. In some areas, the Confederation and the Cantons share certain