Table of Contents (Detailed)
- Page ID
- 10327
Table of Contents (Detailed)
VIII.Publication of Federal Laws
I.Plurality and the Traditions of Swiss Legal Culture
II.The Old Confederacy (13th/14th Century - 1798)
1.Coniuratio, Covenants, and Charters
2.Customary Law, Records of Law, and Sumptuary Mandates
III.The Rise of Modern Swiss Statehood since 1798
1.Constitutional Developments in Europe
2.Constitutional Developments in Switzerland since 1798
a)Focusing on Individual Rights: The “Bürgerliche Rechtsstaat”
b)The (Slow) Rise of the Interventionist State
c)Towards the Prevention State
3.The Rise of Codifications in Swiss Legal Culture
II.Theories of Natural Law and Law of Nations
1.The Spread of Theories of Natural Law and the Law of Nations
2.Emer de Vattel and his Law of Nations (1758)
III.The Era of International Humanitarian Law
1. Henry Dunant and the Red Cross
2. Founding of the International Law Institute (1873)
b)Johann Caspar Bluntschli (1808-1881)
Legal Philosophy and Legal Theory
I.The Problems of the Philosophy of Law and Legal Theory
II.A Map of Philosophy of Law and Legal Theory
1.Descriptive and Analytical Theory
4.The Relationship of Law and Morality
7.Grotius and Methodological Secularism
8.The Question of Universalism
III.The Point of Philosophy of Law and Legal Theory
VI.The Birth of the Human Rights Idea
VII.Contemporary Human Rights Theory
II.Law, Society and Direct Democracy
a)Media Consumption and the Internet
b)Personalisation Technologies
4.Federation, Cantons, Communes
5.Federal Assembly, Federal Council, Federal Courts
c)“Landsgemeinde” as Cantonal Particularity
3.Limited Constitutional Review
2.Naturalisation and Fundamental Rights
1.United Nations and Specialised Agencies
c)Autonomous Adaptation of Swiss Law to EU Law
b)Federal Council, Federal Assembly, Federal Courts
3.Relationship Between International Law and Swiss Law
1.Supremacy of the Agreement on the Free Movement of Persons
2.US Safeguard Measures on Steel Products
II.Principles of Administrative Action
1.Constitutional Principles in Administrative Law
a)Legal Basis for Administrative Action
f)Special Doctrines: Administrative Practice and Retroactivity
7.Prohibition of Arbitrariness (Reasonableness)
III.Forms of Administrative Action
a)Omnipresence of Administrative Decisions
b)Definition of Administrative Decisions
c)Administrative Decisions Determining Rights and Obligations
d)Administrative Decisions as Individual Acts
e)Administrative Decisions as Unilateral Acts
f)Administrative Decisions as Acts Under Public Law
2.Administrative Law Contracts
4.Informal Acts and State Liability
1.State Liability: Vacherin Mont d’Or
2.Protection of Legitimate Expectations: Piano Teacher
3.Principle of Legality: Headscarf
4.Principle of Proportionality: Hooligans
3.Federal Act on Administrative Procedure and Cantonal Laws
II.Procedural Rights and Principles
3.Right to a Decision Within Reasonable Time
4.Right to Legal Aid and to Counsel
6.Right to Challenge Legislation
1.Necessity of Issuing an Administrative Decision: IWB
2.Procedural Fairness: Naturalisation
3.Direct Challenge of Legislation: Police Act of Zurich
4.“Legal Sausage Salad” or the Importance of the ECHR
I.Fiscal Sovereignty and Constitutional Principles
1.Federalism and Fiscal Sovereignty
a)Distribution of Fiscal Sovereignty
b)Federal Tax Harmonisation Act
2.Main (Constitutional) Principles
c)Principle of Uniformity and Ability-To-Pay Principle
d)Prohibition of Inter-Cantonal Double Taxation
II.Most Important Taxes and Tax Codes
b)Withholding (Anticipatory) Tax
a)Taxes on Income and Net Wealth
b)Taxes on Net Profit and Capital of Legal Entities
3.International Tax Agreements
c)Bilateral Agreements with the European Union
1.Principle of Equality: Taxation of Married and Non-Married Couples
2.Ability-To-Pay Principle: Degressive Income Tax Rates
3.Principle of Good Faith: Swiss Ruling Practice
4.Principle of Non-Discrimination: Salary Withholding Tax
5.Prohibition of Maintenance Foundations and Fee Tails
1.Application and Interpretation of the Law
3.Publicity, Possession, and the Land Register
5.Presumed Capacity of Judgement
b)Interpretation of a Contract
c)Defects in the Conclusion of a Contract
f)Claims According to the General Provisions of the Code of Obligations
i)Types of Contractual Relationship
c)Revocability of Simple Agency Contracts-Case
1.The Principle of Party Disposition as a Rule
2.The Principle of Ex-Officio Assessment as an Exception
3.The Principle of Party Representation as a Rule
4.The Principle of Ex-Officio Investigation as an Exception
III.Institutions and Procedure
4.Filing an Appeal with an Incompetent Court
5.Incorrect Instructions on Objection Remedies
6.Euthanasia / Assisted Suicide
3.Nemo Tenetur se Ipsum Accusare