Abstract:
In comparing Switzerland and Germany, this paper discusses basic but potentially conflicting constitutional principles and the problems which can arise from such conflicts and which have to be handled by a constitution. We concentrate on three central areas: (i) the tension between democracy and the rule of law, (ii) direct versus (purely) representative democracy, and (iii) competitive versus co-operative federalism, where we also discuss problems of fiscal equalisation systems. Finally, we present some proposals for a reform of the German political system.