Norm hierarchy (Switzerland)

The Swiss norm hierarchy describes the norm hierarchy of Swiss legal sources . It is important for the principle of legality .

The following structure applies in Switzerland :

1. Federal Constitution, State Treaties
2. Laws
3. Regulations
4. Service instructions

Federal Constitution, State Treaty

The Federal Constitution (BV) and the State Treaties are the sources of law at the highest level.

Changes or new contracts always require the approval of the people and a number of classes .

law

The federal laws are legal sources of the second level. These must not contradict the constitution or international treaties. In the event of a contradiction to the constitution, however, the federal laws still apply ( see in more detail: Constitutional jurisdiction # Switzerland ).

You also need a legal basis, the following example:

The Swiss Civil Rights Act was enacted on the basis of Articles 43 paragraph 1, 44 and 68 of the Federal Constitution.

The federal laws are enacted by the legislature , i.e. the Federal Assembly , and are subject to an optional referendum .

regulation

Next in the hierarchy are the ordinances. These are usually issued by the Federal Council .

Analogous to the laws, these must not contradict any overriding legal sources.

Service instruction

The service instructions (also: service instructions ) are provisions for the implementation of the authorities and administrations. These are issued by the responsible federal administration .

Service instructions regulate detailed procedures for the implementation of laws and ordinances by the authorities themselves and have no legal character.