In Switzerland the last word does not seem to rest with the federal tribunal.
It may decide cantonal laws to be invalid but it must accept the laws of the federal legislature as valid.
The constitutionality of federal laws is reviewed through a referendum.
A law passed by the federal legislature must be submitted to the people for approval when contested for its constitutionality.
Only the people have the last word as to whether such a law shall become effective.
Umpiring the Fede…
There should exist an organ independent of both the federal and regional governments which has a final say on matters involving constitutional interpretation and other constitutional disputes
Models
Judicial review, USA
Specialized constitutional court, Germany, South Africa
Special consultative organ or quasi judicial, Finland
Legislature the interpreter of the constitution, Sweden
The upper house /second chamber/ - equal member of representatives from each of the states
Eg. USA and Australia – have bicameral parliament and in the upper house(senate) each state is represented by equal member of senators irrespective of the size of the population
Cont’d
Balanced the possible imbalances in the lower house (HPR)
Ethiopia? It is a majoritarian institution?
Absence of legislative function makes its use as protector of the interest of member states is questionable.
Cont’d
7. Intergovernmental Relations
The inevitability within federations of overlaps and interdependence in the exercise by governments of the powers distributed to them has generally required the different orders of government to treat each other as partners.
Intergovernmental relations are the subjects of how our different governments deal with each other and what their relative roles, responsibilities, and levels of influence are and should be.
