Between the principle of separation of powers and the principle of unity of powers : the Swiss Constitutional system

In this paper, the author states that the Federal Constitution of the Swiss Confederation of 18 April 1999 establishes the principle of separation of powers and rejects the balance between these powers. The Constitution introduces three functions (classic) competence presumptions which are inherent to the principle of separation of powers; however, it assigns them to particular authorities in altered construction: to the Federal Council, governing and execution; to the Federal Supreme Court, providing justice; and to the Federal Assembly, it entrusts, apart from the legislating and exercising important actions within the scope of the two other functions. Such regulation may result from the strong belief that the essential aim of the principle of separation of powers is not to achieve balance but to ensure political freedom for citizens.