Introduction to Constitutional Law in Security Policy

Abstract

The lecture deals with questions of competence and the security policy instruments in the federal state, conveys the basic principles of police law and deals with the management of extraordinary situations. Special topics are the army, civil protection, the intelligence service, the legal status of army members, private security providers and cooperation (at home and abroad).

Objective

The students can - explain the basic concepts of security law; - outline the basic constitutional order for Swiss security policy, identify the competences of the Confederation and assess the advantages and disadvantages of this basic order; - explain and evaluate special legal forms of action; - distinguish the tasks of security policy actors and assess forms of cooperation; - derive legal limitations for operations of the armed forces from the Federal Constitution; - identify the basic principles and individual special aspects of military-civilian cooperation; - identify the police powers of the armed forces and determine the permissibility of using forms of coercion; - describe the legal status of members of the armed forces and explain the special responsibility of officers; - establish the relationship between the actions of state actors and the guarantee of fundamental rights; - assess current challenges in security law.

Content

The lecture consists of three parts: Basics, Security policy instruments, Consolidation. In the first part, terms of security and police law are introduced, the Swiss security constitution (Confederation and cantons) is explained and the significance of fundamental rights guarantees is shown. In the second part, the security policy instruments of the Confederation and the cantons are assessed critically. A special focus is placed on the army. In addition to its constitutional anchoring and its tasks, the forms of deployment enshrined in the relevant regulations (e.g. military act) are examined from a legal perspective. Special attention is given to police powers of military forces. The third part of the course deals in greater depth with the intelligence service, civil protection, the legal permitted tasks of private security providers and the legal status of military personnel. The last hour before the examination is reserved for revision and questions.

Resources