Constitutional complaint
In Switzerland, the constitutional complaint was, until it was restricted, a legal remedy with which violations of fundamental rights of citizens by state organs could be contested directly before the highest court, the Federal Supreme Court . It was put into perspective in the 1990s due to the work overload of the Federal Supreme Court: today, even in the event of fundamental rights violations, the regular appeal to the Federal Supreme Court must be taken through the cantonal administrative courts . However, if no cantonal legal remedy was available, a constitutional complaint could still be filed with the Federal Supreme Court.
With the Federal Supreme Court Act of 2007, the constitutional complaint was replaced by the almost equivalent subsidiary constitutional complaint. It also applies that the federal laws are authoritative for the Federal Supreme Court and that constitutional jurisdiction remains limited as a result.
swell
- HR Schwarzenbach: General Administrative Law , Stämpfli Bern
Individual evidence
- ^ Constitutional complaint. In: Historical Lexicon of Switzerland . Retrieved October 3, 2019 .