Note (Back) — Chapter XXIII

Within the domain of public law the Court is given cognizance of conflicts of jurisdiction between federal and cantonal authorities, conflicts between cantons when arising out of questions of public law, complaints of violation of the constitutional rights of citizens, and complaints of individuals by reason of the violation of concordates or treaties. In actual operation, the range of powers which would appear thus to be conferred is much restricted by a clause which declares that "conflicts of administrative jurisdiction are reserved, and are to be settled in a manner prescribed by federal legislation."[641] Legislation in pursuance of this clause has withdrawn from the jurisdiction of the Court a long list of possible subjects of litigation. Like European courts generally, the Swiss Federal Court possesses no power to determine the constitutionality of law, federal or cantonal. On the contrary, it is obligated to apply all law, by whatever proper authority enacted.[642]