Art. 192 FC — Principle

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Art. 192 FC

Art. 192 FC — Principle

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FC · Federal Constitution

SR 101

Last updated

24 March 2026

Fedlex

Official text ↗

Suggested citation

Open Legal Commentary, Art. 192 FC (as of 24 March 2026), https://openlegalcommentary.ch/en/bv/art-192/

Statute Text

Fedlex ↗

1The Federal Constitution may be totally or partially revised at any time.

2Unless the Federal Constitution and the legislation based on it provides otherwise, any revision of the Federal Constitution is made by the legislative process.

Art. 192 BV governs the principles of constitutional revision (amendment of the Federal Constitution). The provision stipulates when and how the Federal Constitution may be amended.

Who is affected? All Swiss citizens, as constitutional amendments affect the fundamental order of the state. Those directly involved are the Federal Assembly (National Council and Council of States pursuant to Art. 148 BV), the federal authorities, and in the case of popular votes, the electorate.

What does the provision govern? Paragraph 1 establishes the principle that revisions may be made at any time: The Constitution may be amended in whole (total revision pursuant to Art. 193 BV) or in part (partial revision pursuant to Art. 194 BV) at any time. There are no time restrictions. Paragraph 2 stipulates that constitutional amendments generally follow the ordinary legislative procedure pursuant to Art. 163ff. BV, unless special procedures are prescribed.

Legal consequences: In the case of ordinary constitutional amendments by the Federal Assembly, both chambers adopt the amendment. The people may then launch the optional referendum pursuant to Art. 141 BV. In the case of popular initiatives for constitutional amendments (Art. 139 BV), a mandatory popular vote is prescribed.

Example: If Parliament wishes to introduce a new constitutional article on climate protection, it adopts this pursuant to the ordinary procedure. If 50,000 citizens collect signatures against the amendment (Art. 141 para. 1 BV), the people must vote on it. The amendment only enters into force if approved.

N. 1 Legislative history

Art. 192 BV traces back to Art. 118–123 of the 1874 Federal Constitution. The provision was simplified and modernised as part of the total revision of the Federal Constitution in 1999 (BBl 1997 I 1, 544). The constitutional legislator deliberately dispensed with the detailed procedural provisions of the old Federal Constitution and limited itself to the basic principles. The message emphasises that the Federal Constitution as the basic law of the Confederation must be capable of being adapted at any time to changed circumstances (BBl 1997 I 544).

N. 2 Systematic classification

Art. 192 BV, together with Art. 193–195 BV, forms section 1 of title 6 of the Federal Constitution on the «Revision of the Federal Constitution». The provision establishes the principle of revisability at any time (para. 1) and defines the subsidiary procedure (para. 2). The specific procedures for total revision (Art. 193 BV) and partial revision (Art. 194 BV) are regulated in the subsequent articles. Art. 195 BV determines the entry into force of revised constitutional provisions.

N. 3 Elements of the offence / Content of the norm

N. 3.1 Revisability at any time (para. 1)

The Federal Constitution can be revised «at any time». This means that no time limits exist and the Constitution is permanently open to the democratic will to shape (Ehrenzeller/Schindler/Schweizer/Vallender, St. Gallen Commentary BV, 4th ed. 2023, Art. 192 N. 3). The revision can take place «wholly or in part», which addresses the two basic forms of total and partial revision.

N. 3.2 Subsidiarity of the ordinary legislative procedure (para. 2)

Insofar as the Constitution and the legislation based on it do not provide for special procedures, constitutional revision takes place «by way of legislation». This refers to the ordinary procedure under Art. 163 ff. BV with the requirement of consent from both chambers. The wording makes it clear that the special procedures regulated in Art. 138–142 BV (popular initiative, mandatory referendum) take precedence (Häfelin/Haller/Keller/Thurnherr, Swiss Federal Constitutional Law, 10th ed. 2020, N. 1869).

N. 4 Legal consequences

N. 4.1 No material limits in Art. 192 BV

Art. 192 BV itself contains no material limits to constitutional revision. These arise from other provisions, notably from Art. 139 para. 3 BV (unity of form, unity of subject matter, mandatory provisions of international law) and Art. 194 para. 2 BV for partial revisions (Rhinow/Schefer/Uebersax, Swiss Constitutional Law, 3rd ed. 2016, N. 3564).

N. 4.2 Procedural guarantee

Revisability at any time represents a procedural guarantee. It ensures that the Constitution can always be adapted to changed circumstances and does not become rigid as an obsolete set of rules (Tschannen/Zimmerli/Müller, General Administrative Law, 4th ed. 2014, § 11 N. 15).

N. 5 Controversial issues

N. 5.1 Limits of constitutional revision

It is disputed whether, in addition to the expressly mentioned limits, further unwritten material limits to constitutional revision exist. Auer takes the position that certain supra-positive limits exist even beyond Art. 193 and 194 BV (Auer, in: St. Gallen Commentary BV, Art. 193 N. 16). In contrast, Epiney emphasises that the Constitution itself conclusively determines its revision limits and further restrictions would contradict the principle of popular sovereignty.

N. 5.2 Relationship between total and partial revision

The distinction between total and partial revision is controversially discussed. While Kölz prefers a rather formal view, according to which the renumbering of all articles alone constitutes a total revision (Kölz, Recent Swiss Constitutional History, Vol. II, 2004, p. 875), Hangartner advocates a material understanding that focuses on the substantive scope of the changes (Hangartner, in: St. Gallen Commentary BV, Art. 193 N. 7).

N. 6 Practical guidance

N. 6.1 Choice of revision procedure

When choosing between total and partial revision, the different procedural requirements must be observed. Total revision under Art. 193 BV requires a popular initiative or a decree by one chamber with subsequent popular vote. Partial revision, however, can also occur through a simple decree by both chambers with optional referendum (Art. 140 para. 1 lit. a BV).

N. 6.2 Justiciability

Questions of constitutional revision are only subject to limited judicial review. The Federal Supreme Court examines the compliance with formal and material validity requirements for popular initiatives (→ Art. 139 BV). The ordinary revision procedure by the Federal Assembly, however, is not subject to judicial control as long as the constitutional procedures are observed.

Table of Contents

Procedural Issues of Constitutional Revision
Distinction from Cantonal Constitutional Revisions
Unity of Subject Matter in Constitutional Revisions
Material Limits of Constitutional Revision
Political Nature of Constitutional Revision

The case law on Art. 192 BV is extraordinarily sparse. This is explained by the procedural nature of the provision and the fact that constitutional revision issues are typically reserved to the political process and rarely give rise to justiciable legal disputes.

Procedural Issues of Constitutional Revision

There is no direct case law on the constitutional revision procedures enshrined in Art. 192 BV. The Federal Supreme Court has not yet had the opportunity to comment on the interpretation of para. 2 («Where the Federal Constitution and the legislation based on it provide otherwise, revision shall take place by way of legislation»).

Distinction from Cantonal Constitutional Revisions

The case law, however, regularly deals with cantonal constitutional revision procedures. In BGE 112 Ia 208 of 17 September 1986, the Federal Supreme Court dealt with a voting rights appeal concerning an initiative for partial revision of the Constitution of the Canton of Schwyz. The Court found that in cantonal constitutional revisions, the respective cantonal constitutional law is decisive and that the cantons may provide for different forms of popular initiative (general proposal vs. drafted proposal). However, this case law is not transferable to the federal level and Art. 192 BV, since the procedures are exhaustively regulated there in Art. 138-142 BV.

Unity of Subject Matter in Constitutional Revisions

In BGE 129 I 366 of 27 August 2003, the Federal Supreme Court dealt with the principle of unity of subject matter in an amendment to the Zurich cantonal constitution. The Court held that higher requirements are imposed on partial revisions of the constitution than on total revisions. However, this case law also related to cantonal constitutional law and not to the Federal Constitution.

Material Limits of Constitutional Revision

Although not directly concerning Art. 192 BV, the Federal Supreme Court has commented on the material limits of constitutional revision in various decisions. The corresponding principles also apply to revisions under Art. 192 BV, since this provision only regulates the procedure but not the material limits.

Political Nature of Constitutional Revision

The sparse case law on Art. 192 BV reflects the fact that constitutional revisions primarily represent political processes. The ordinary revision procedure under Art. 192 para. 2 BV by the Federal Assembly is not subject to judicial review as long as the procedures provided for in the Constitution and the Parliament Act are observed.

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#Procedural Issues of Constitutional Revision

#Distinction from Cantonal Constitutional Revisions

#Unity of Subject Matter in Constitutional Revisions

#Material Limits of Constitutional Revision

#Political Nature of Constitutional Revision

Procedural Issues of Constitutional Revision

Distinction from Cantonal Constitutional Revisions

Unity of Subject Matter in Constitutional Revisions

Material Limits of Constitutional Revision

Political Nature of Constitutional Revision