Politics and Law
Our state powers
In Aargau, the three state powers are formed by the Grand Council, the Government Council and the courts. Each state power has clearly assigned tasks so that each of them is independent, none can abuse its power and the rights and freedoms of the people of Aargau are protected.
The Grand Council – legislative power
Parliament as the legislative power, or legislature, passes laws and is therefore the core element of any democracy. Because although the word "democracy" means "rule of the people", government isn't simply in the hands of the people. Some of its rights are delegated to elected individuals who represent the people as a whole. In Aargau, we call our parliament the Grand Council for historical reasons.
Sets guidelines for our society
The most important rulebook for living together as a society in Aargau is our cantonal constitution. It forms the base of all other rules, such as laws, decrees and ordinances. The Grand Council's main tasks and competences therefore include amending the cantonal constitution, adding to or repealing existing laws and passing new laws and decrees as required. Naturally, this cannot be done entirely without involving the people: our citizens can hold a referendum to demand a popular vote on certain decisions of the Grand Council. In addition, amendments to the cantonal constitution must always be approved by the people.
How are the latest topics introduced into parliament? The Grand Council can put forward new political ideas by means of motions or postulates. But initiatives on innovations do not always come from the Grand Council. The Government Council can also put forward a proposal – for example, when laws have to be adapted in line with the provisions of Federal law. By means of a popular initiative, the people can also demand that a new law be drafted, or a law or even the cantonal constitution be amended.
Acts as a controlling body
However, the Grand Council does not deal solely with laws. It is also the supreme supervisory body over our public authorities. The Government Council, the cantonal administration and even the courts have to report regularly to parliament. Parliament has to be informed about the planning, actions and objectives of projects and, of course, also about the planned and actual expenditure and income. Parliament thus receives a large number of drafts and reports. They are examined in detail in the advisory committees, debated in parliament and a decision is taken.
Is re-elected every four years
Our parliament is made up of 140 members. Parliamentarians are elected every four years on the basis of proportional representation. This means that the seats are allocated to the parties in proportion to the votes gained. The seats ultimately go to those people who obtained the most votes. The members' list shows who is currently in parliament for which party.
At present, eight political parties are represented in the Grand Council. Members of the same party or like-minded parties form groups.
Grand Council meetingsare held regularly every Tuesday in the Grand Council building in Aarau. Observers can follow a Grand Council meeting from the spectators' galleryDas Linkziel ist nicht barrierefrei. Bitte wenden Sie sich bei Fragen an unsere allgemeine Auskunft: Telefon 062 835 35 35, Montag bis Freitag, 07:30 - 17:00 Uhr. or click online to watch by livestream. School classes and groups can also booktours of the Grand Council building and get a feel for the parliament in person.
Has a parliamentary service
The parliamentary service supports the work of the Grand Council and its bodies. It plans, organises and coordinates the meetings. It serves the Council with documents and prepares the minutes.
The Government Council – executive power
The Government Council is the executive, and is therefore the power that enforces the laws. Together, it manages our Canton of Aargau and heads the cantonal administration: each of the five members of our government is in charge of a department. The Government Council is elected by the people by majority vote and is in office for four years.
Have you ever wondered what the Government Council actually does? The Government Council plans and coordinates all state/cantonal activities. Furthermore, the Government Council takes care of public order and security, represents Aargau internally and externally and maintains relations with the Confederation and other cantons.
In German, we call the President and of the Aargau Government Council "Landammann" and the Vice-President "Landstatthalter". They may only bear this title for one year – the Government Councillors themselves decide on the holders. If a woman holds one of these offices, the title is prefixed by the word "Frau" (Mrs, Ms).
Government sessions
The ordinary sessions of the Government Council take place on Wednesday of every week (except on holidays, when our Government Councillors also have a day off). The sessions are headed by the President. The government as a group decides on the business prepared by the departments or the State Chancellery, in other words, every Government Council member has a vote. All members stand behind the decisions made, even if their person opinion diverges from them.
Cantonal administration
The cantonal administration is made up of five departments and the State Chancellery. Each member of the Government Council heads one of the departments. The State Chancellor heads the State Chancellery
The courts – judicial power
The judicial power, or judiciary, is the third state power and responsible for administering justice. The courts perform this task. Their main activity consists of judging disputes between private individuals, between communities, and between private individuals and communities.
The courts only take action when a case is presented to them for a decision. The responsibility is therefore in the hands of the Swiss residents and the authorities concerned to turn to the courts when necessary. A Swiss proverb aptly describes it: "Where there is no complainant, there is no judge".
The courts decide in their administration of justice only in accordance with the law. This means that rules cannot be prescribed for them by superior courts, parliament, the government or administrative authorities. This judicial independence forms a central element of the constitutional state.
The supreme governing body of the Aargau courts is the Justizleitung. , with responsibility for the management and organisation of the courts. It decides in all administrative matters and represents Aargau's courts externally. The organisation of the courts is prescribed by the constitution and the law.
- In the Canton of Aargau, 11 district courts normally make decisions as the first judicial authority or court of first instance.
- Depending on the type of dispute, an arbitration procedure has to be conducted first in front of the arbitration authorities (e.g. justices of the peace (Friedensrichter/Friedensrichterinnen)).
- The special administrative court is also a court of first instance and deals with special areas of administrative law ("Kausalabgaben", roughly, levies on specific services provided by public bodies or their associated companies, and expropriation as well as taxes).
- The decisions of both the district courts and the special administrative court may be moved up to the Cantonal Supreme Court. This is the court of highest instance at the cantonal level. Decisions by the Cantonal Supreme Court can only be moved up to the Federal Supreme Court, which is the highest judicial authority in Switzerland.
