Federal Assembly, is
practically certain to reflect the preponderating political complexion
of that body. But, in the entire absence of the parliamentary system,
there is no essential reason why politically the executive and
legislative organs should be in accord.[639]
[Footnote 639: On Swiss political parties see
Lowell, Governments and Parties, II., Chap. 13;
Adams and Cunningham, The Swiss Confederation,
Chap. 7.]
V. THE JUDICIARY
*482. The Federal Court: Civil Jurisdiction.*--In respect to
organization, the Swiss federal judiciary is very simple; in respect
to functions, it is extremely complex. It comprises but a single
tribunal, the Bundesgericht, or Federal Court. The court, created
originally in 1848, consists to-day of sixteen judges and nine
alternates, all chosen by the Federal Assembly for a term of six
years. Any citizen eligible to the National Council may be elected to
the Federal Court, but it is incumbent upon the Assembly to take care
that all of the three officially recognized languages--German, French,
and Italian--are represented. The president and vice-president of the
court are designated by the Assembly, for a two years' term, but the
court is authorized to organize its own secretariat and to appoint the
officials thereof. Judges are forbidden to sit in either house of the
federal legislature, to occupy any other office, or to engage in any
alien pursuit or profession. Their yearly salary is 12,000 francs. The
seat of the Court is Lausanne, in the French province of Vaud.
The jurisdiction of the Federal Court extends not only to ordinary
civil and criminal cases but also to cases arising under public law.
The competence of the tribunal in civil cases is very considerable. It
extends to all suits between the Confederation and the cantons;
between the Confederation and corporations or individuals, when such
corporations or individuals appear as plaintiffs, and when the amount
involved exceeds 3,000 francs; between cantons; and between cantons
and corporations or individuals, upon request of the parties, and when
the amount involved exceeds 3,000 francs. The constitution authorizes
the Confederation to enlarge, by legislation, the competence of (p. 438)
the Court,[640] and from time to time a variety of specific fields of
civil jurisdiction have been opened to it, such as those of
transportation and bankruptcy
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