How the state works · Democracy and the rule of law
Rule of law and monopoly on the use of force
Topic
Switzerland is a state governed by the rule of law. This means: the laws apply to everyone. They apply to Swiss citizens, to foreigners and also to politicians. They also apply to people who said no in a popular vote. And above all: the state, too, must abide by the laws. It may not act arbitrarily.
That is why the state may not arrest or imprison anyone without reason. This requires a reason in the law and a regulated procedure. In a state governed by the rule of law, however, you may criticise laws and question the work of the authorities. You may also join a religious group. This is protected by fundamental rights, for example freedom of opinion and freedom of religion.
Only the state may use force against people or property, for example the police or the military. This is called the monopoly on the use of force. Anyone who commits a criminal offence is punished according to the law. A court decides the punishment, not the victim. Vigilante justice, that is taking revenge on your own, is prohibited. Even people who report themselves are usually punished; however, the court can reduce the punishment.
Memory aid: Under the rule of law, the law stands above everyone, even above the state.
Key terms
- Rechtsstaat
- State governed by the rule of law: a state in which the laws apply to everyone, including the state itself.
- Gewaltmonopol
- Monopoly on the use of force: only the state, for example the police and the military, may use force.
- Selbstjustiz
- Vigilante justice: when someone takes revenge or punishes someone themselves instead of letting the police and the courts act. This is prohibited.
- Straftat
- Criminal offence: an act that a law prohibits and that is punished, for example theft.
Exam questions on this topic
- Who is allowed to use force against people and property in Switzerland (monopoly on the use of force)?Correct answer: D, the state (police, military)
- Switzerland is a state governed by the rule of law. What does that mean?Correct answer: A, The state, too, must abide by the laws.
- What is prohibited in a state governed by the rule of law?Correct answer: C, arresting and imprisoning people without reason
- What happens in Switzerland when someone commits a criminal offence?Correct answer: A, Anyone who has broken a law is punished.