Sent for Parchment (written on a high quality paper) and certified by the secretary of the house. Than signed by the president of the Senate.
Law making in Switzerland:
Switzerland is one of the smallest county one and consists of 26 Cantons (States) and each of the cantos has its own law, own courts, own parliament, own constitution. Swiss parliament is bicameral one; it has two chambers the council of state and national council. The political structure is into three levels confederation the cantons and local authorities. In the Swiss law almost all the new laws are not introduced buy the members of parliament, but are introduced by the Federal council (Executive Branch). Executive branch have 7 members elected individually by the federal parliament for a period of 4 year. And these councillors cannot be removed from the post within 4 years, each year a new Federal counsellor is elected as president. Supreme Court consists of 30 judges and 15 substitute judges which are elected by the Parliament. No body can be a member of more than one body (federal council, court and parliament). The procedure of creating a new law is more lengthy and complex as compared to common law. It can take at least 12 months and sometimes it can stretch up to years. There are four stages to create a new law, Initiative stage (Proposal): the proposal is normally initiated by cantons, members of federal parliament and administrative department. Drafting stage: (Initial preparation of legislation) a committee of nearly 10 to 20 members is appointed to prepare a draft according to the new law. The federal Administration than reads the draft in front of consultation and forwards it to federal council, and than it is debated in parliament. Verification stage: (Parliamentary procedure) the bill is than debated
In parliament and it need to be accepted by both the houses of parliament. Final decision stage: The new law is approved on after it is voted by 50,000 electors within 100 days and than the law is entered in to legislature and put in to action. Swiss people have many political rights not only for voting members for federal assembly but also for local parliament and cantonal parliament.
III DISPUTE RESOLUTION
In both the countries America (common law) and Switzerland (Civil law) the modes of alternative dispute resolution for business are very similar as mediation, Arbitration, conciliation are widely used in both the countries. But still there a many disputes which need to be solved with the legal procedures where the court, the Jury, judges, layers play an important role.
The Jury occupies an important place in American common law. A set of Instructions about the law are given by the judge to group of about 12 laypeople, and a definitive decision comes out and it is unknown how the decision is made. And it’s been believed that the judges give decision scrupulously and carefully. And in Europeans countries civil law judges do not give out the opinion and the outcome of decision is unpredictable.
In major common law country like America a judge in common law court are generalists it means a single court and judge hears and solves a commercial dispute, criminal case, constitutional issues (one court for all dispute) and In Switzerland the court the judges are specialised and there are different judge and courts for commercial dispute, criminal cases, administrative complaints (Different court for different dispute). And Switzerland also has different court and judges for all cantons
Unlike common law civil law does not incorporates law of juries instructions which instructs judge about what to inform jury regarding a specific body of law in prior to case submission to it for dispute resolution. Common law also incorporates the law of evidence the detail information about type of evidence
that can be put in front of judge and parties in relation to evidence concentration vital for the cases to be submitted to jury. The case should be forwarded to jury only on reasonable grounds favouring prosecution’s plea or other wise the judgement can give the judgement as matter of law.
To solve a case in common law American lawyers and judges refer to the Database like lexis-Nexis, and case books to search for the facts or similar cases in the past. In European countries in civil law when lawyers research on a case they refer to a relevant code and the description of code which supports to solve the case, or supplies the structure for thinking about the problem. So for these lawyers the codes and structure of codes plays an important part in the process of thinking. Students studying common law trained to negotiate points of law and argue on case and the education of civil law is designed for judges rather than lawyers.
In a given case of common law there are two things to be understood first the facts in detail and second the law which is applicable. And appeal under common law only point of law can be agitated and not the facts. And in civil law laws are made to be followed and laws cannot be agitated. The first question for a civil lawyer is what is the law? And second question is how to impose the law? And the common law lawyer wants to know how the procedure works? And what will be the outcome when the law is imposed.
IV CONCLUSION
In conclusion, since the origin of both the legal system is different the procedure of law making is different in both the countries. And the procedure for following is also different both countries. America being a common law country solves the cases on the basis of the Precedents and the cases used in pasts. And as Switzerland have adopted civil law legal system so resolves the cases on the basis of the codes.
The role of the Judges, Jury, and lawyers is also different in both the countries as in common law the decision is made with regards to the Evidence shown by the lawyers and referring the cases held in past, where in common law the role of these people is less as they have to stick to the Codes.
V BIBLIOGRAPHY
George P. Fletcher and Steve Sheppard, “American law in a global context: the basics” (2005) New York: Oxford University Press
F. Dessemontet and T. Ansay The Hague, “Introduction to Swiss law” (2004) 3rd edition, New York: Kluwer Law
James T.Mc Hugh, “ The essential concept of law” (2002) New York Lang
George P. Fletcher and Steve Sheppard, “American law in a global context: the basics” (2005) New York: Oxford University Press 17
George P. Fletcher and Steve Sheppard, “American law in a global context: the basics” (2005) New York: Oxford University Press 17
http://www.answers.com/what%20is%20civil%20law
http://www.answers.com/what%20is%20civil%20law
http://www.econlib.org/library/YPDBooks/Lalor/llCy131.html
http://www.econlib.org/library/YPDBooks/Lalor/llCy131.html#V.1,%20Entry%20131,%20BILL
http://www.llrx.com/features/swiss.htm#Databases
http://www.kimpraswil.go.id/itjen/pem2002/civil%20society%20and%20pem/People%E2%80%99s%20Participation%20in%20Macro-economic%20Policy%20Swiss%20Experiences.htm
http://www.llrx.com/features/swiss.htm#Databases
http://www.kimpraswil.go.id/itjen/pem2002/civil%20society%20and%20pem/People%E2%80%99s%20Participation%20in%20Macro-economic%20Policy%20Swiss%20Experiences.htm
http://www.kimpraswil.go.id/itjen/pem2002/civil%20society%20and%20pem/People%E2%80%99s%20Participation%20in%20Macro-economic%20Policy%20Swiss%20Experiences.htm
George P. Fletcher and Steve Sheppard, “American law in a global context: the basics” (2005) New York: Oxford University Press pg 6
George P. Fletcher and Steve Sheppard, “American law in a global context: the basics” (2005) New York: Oxford University Press pg 7
George P. Fletcher and Steve Sheppard, “American law in a global context: the basics” (2005) New York: Oxford University Press 8
George P. Fletcher and Steve Sheppard, “American law in a global context: the basics” (2005) New York: Oxford University Press 33
George P. Fletcher and Steve Sheppard, “American law in a global context: the basics” (2005) New York: Oxford University Press