Misplaced Pages

#958041

51-609: The Bürgergemeinde (also Burgergemeinde, Ortsgemeinde, Ortsbürgergemeinde, Tagwen, bourgeoisie, commune bourgeoise, vischnanca burgaisa, English: Citizens' Community ) is a statutory corporation in public law in Switzerland . It includes all individuals who are citizens of the Bürgergemeinde, usually by having inherited the Bourgeoisie (citizenship), regardless of where they were born or where they may currently live. Membership of

102-548: A Federation or self-governing cantons) parties. By 1802 a draft constitution was presented, but was quickly defeated in a popular vote in June 1802. In July Napoleon withdrew French troops from Switzerland, ostensibly to comply with the Treaty of Amiens , but really to show the Swiss that their best hopes lay in appealing to him. Following the withdrawal of French troops in the summer of 1802,

153-493: A transit district or special purpose corporations such as a university , are also created by statute. In some states, a city or county can be created by petition of a certain number or percentage of voters or landholders of the affected area, which then causes a municipal corporation to be chartered as a result of compliance with the appropriate law. Corporations to be established for most other purposes are usually just incorporated as any other non-profit corporation , by filing

204-453: A Federal Army, the removal of internal trade barriers and international diplomacy. There were to be no privileged classes, burghers or subject lands. Switzerland was mentioned throughout the Act. Every Swiss citizen was now free to move and settle anywhere in the new Confederation. The cantons guaranteed to respect each other's constitutions, borders and independence. The highest body of government

255-562: A compromise between the Ancien Régime and a republic. This intermediary stage of Swiss history lasted until the Restoration of 1815. The Act also destroyed the statehood of Tarasp and gave it to Graubunden . Following the French invasion of 1798, the decentralized and aristocratic Old Swiss Confederation was replaced with the highly centralized and republican Helvetic Republic. However

306-613: A mediator, representatives of the Swiss cantons met in Paris to end the conflict and officially dissolve the Helvetic Republic. When the Act of Mediation was produced on 19 February 1803 it attempted to address the issues that had torn the Republic apart and provide a framework for a new confederation under French influence. Much of the language of the Act was vague and unclear, which allowed the cantons considerable room for interpretation. In

357-475: A profit without one). Such bodies do not have shareholders , but are typically boards appointed by a sponsor minister. The provisions of the Companies' Acts do not typically directly apply to such bodies, although their founding legislation may specify similar requirements. The statutory corporation format was usually the form most state-sponsored bodies of the Republic of Ireland took until recent years; however,

408-457: A result of increasing migration from rural areas to the cities. This led to the Bürgergemeinde losing its former importance to a large extent. Nevertheless, the institution was not fundamentally challenged in certain cantons. This may be due, primarily, to the tradition of the Bürgergemeinde providing relief to the poor in certain cantons. This tradition dates back to the 16th century. In

459-735: A result of the enabling law. There are a number of federally chartered corporations that still exist. Some relatively famous ones include the Boy Scouts of America , each of the Federal Reserve Banks , and the Federal Deposit Insurance Corporation . The basic advantage for being federally chartered is that no other corporation anywhere in the United States is allowed to have the same name. Act of Mediation The Act of Mediation ( French : Acte de Médiation )

510-555: Is a Kassenärztliche Vereinigung , a body involved in the provision of out-patient medical services in a German state. Other examples include public broadcasters, Jewish communities and Christian churches established in Germany and some public transport providers (depending on jurisdiction). In Hong Kong, some corporations are incorporated by legislation. An example is the Kowloon-Canton Railway Corporation , which owns

561-493: Is a body corporate created by the legislature with defined powers and functions and is financially independent with a clear control over a specified area or a particular type of commercial activity. It is a corporate person and has the capacity of acting in its own name. Statutory corporations therefore have the power of the government and the considerable amount of operating flexibility of private enterprises. A few are: Features: Which define its objectives, power and duties. It

SECTION 10

#1733055875959

612-606: Is created by a special law Of parliament. It may be established by the central government are also known as National corporations. In the Republic of Ireland , a statutory corporation is a body corporate, which is created under a particular Act of the Oireachtas . Some statutory corporations are expected to operate as if they were a commercial company (with or without a subsidy from the Exchequer , depending on whether or not it would make

663-464: Is not used to describe a company which operates as a conventional shareholder-owned company registered under the Companies Acts. A public body can have a variety of forms and is not inevitably a statutory corporation, nor is a statutory corporation necessarily a public body. At the state level, municipal corporations and counties are often created by legislative acts. Some organizations such as

714-654: The Australian Rail Track Corporation and the Australian Egg Corporation . The purpose of their separation from normal government operations is to ensure profitability, and in theory, independence of decision making from the state or national government (to ensure that decisions are made on a commercial basis with less or no political interference.) As statutory corporations, their regulatory and business conditions may be significantly different from private-sector companies. A significant number of

765-530: The Bürgergemeinde may collect taxes or interest, or use their community assets (such as fields, farms and woods). The beginnings of the modern municipality system date back to the Helvetic Republic . Under the Old Swiss Confederacy , citizenship was granted by each town and village only to residents. These citizens enjoyed access to community property and in some cases additional protection under

816-581: The Bürgergemeinde . During the Mediation era (1803–1814), and especially during the Restoration era (1814–1830), certain canton, having regained independence, revoked the reforms that the French-imposed Helvetic Republic had implemented. In the Regeneration era (1830–1848), the liberal revolutions of the common people helped to restore some rights again in a few cantons. In other cantons,

867-591: The Bürgergemeinden even have their own legislative assembly. In some cantons, the Bürgergemeinde still grants municipal citizenship, which is a fundamental aspect of the process of naturalisation. In addition, in many cantons the Bürgergemeinde is active in the local community. It may run hospitals, retirement and youth homes, provide scholarships and support the unemployed, the disabled and addicts. Some Bürgergemeinden also provide cultural services, such as supporting libraries and museums. To cover these tasks,

918-463: The Bürgergemeinden were able to maintain power as political communities. In the canton of Zurich the Municipal Act of 1866 brought the political municipality back into existence. The relationship between the political municipality and the Bürgergemeinde was often dominated by the latter's ownership of community property. Often the administration and profits made from the property were retained by

969-411: The Bürgergemeinden , leaving the political municipality dependent on the Bürgergemeinde for money and use of the property. It was not until the political municipalities acquired rights over property that served the public (such as schools, fire stations, etc.) and taxes, that they obtained full independence. For example, in the city of Bern, the property division of 1852 gave the political municipality

1020-837: The Ffestiniog Railway , the Talyllyn Railway , the National Coal Board , Post Office Corporation and Transport for London . Other examples include the county councils , the National Assembly for Wales , the British Broadcasting Corporation (BBC), Channel Four Television Corporation , and the Olympic Delivery Authority . Statutory corporations are widely used in education: Sixth Form College Corporations and Further Education Corporations,

1071-786: The Food Safety Authority of Ireland . In the Netherlands , the term "public body" is the general denomination for administrative divisions within the Dutch state or certain other types of governmental organisations. In the United Kingdom , a statutory corporation is a corporate body created by statute . It typically has no shareholders and its powers are defined by the Act of Parliament which creates it, and may be modified by later legislation. Such bodies have often been created to provide public services, examples including British Railways ,

SECTION 20

#1733055875959

1122-498: The preamble of the Act of Mediation Napoleon declared that the natural political state of the Swiss was as a Federation and explained his role as a mediator. The next 19 sections covered the 19 cantons that existed in Switzerland at the time. The original 13 members of the old Confederation were restored and 6 new cantons were added. Two of the new cantons ( St Gallen and Graubünden or Grisons ) were formerly "associates", while

1173-490: The 20th century, this was taken over by the Federal Social Welfare organization, and later by cantonal governments. However, in some cantons Bürgergemeinden have voluntarily remained active participants in the provision of social welfare. In many other cantons, e.g. the canton of Lucerne, the Bürgergemeinde and political municipality have merged into each other. Statutory corporation Bodies described in

1224-467: The Act declared that Switzerland was an independent land and directed the new government to protect and defend the country. The Act of Mediation was an important political victory for Napoleon. He was able to stop the instability of the Swiss from spreading into his emerging empire or weakening his army. The Act of Mediation created a pro-French buffer state with Austria and the German states. He even added

1275-507: The Bürgergemeinde of a municipality is not to be confused with holding the municipality's citizenship, which, in certain cantons such as Valais, are two distinct legal concepts. Instead of the place of birth , Swiss legal documents, e.g. passports, contain the Heimatort ( place of origin ). It is, however, possible for a person to not possess bourgeoisie of the municipality from which they originate; laws relating to these matters vary depending on

1326-451: The Diet in 1805, restricted by requiring ten years' residence, and then not granting political rights in the canton or a right of profiting by the communal property . As soon as Napoleon's power began to wane (1812–1813), the position of Switzerland became endangered. The Austrians, supported by the reactionary party in Switzerland, and without any real resistance on the part of the Diet, crossed

1377-504: The English language as "statutory corporations" exist in the following countries in accordance with the associated descriptions (where provided). In Australia , statutory corporations are a type of statutory authority created by Acts of state or federal parliaments. A statutory corporation is defined in the federal Department of Finance 's glossary as a "statutory body that is a body corporate, including an entity created under section 87 of

1428-544: The PGPA Act" (i.e. a statutory authority may also be a statutory corporation). An earlier definition describes a statutory corporation as "a statutory authority that is a body corporate", and the New South Wales Government 's Land Registry Services defines a state-owned corporation as "a statutory authority that has corporate status". Current statutory corporations include Australia Post , Airservices Australia ,

1479-444: The Republic. After several hostile clashes with the official forces of the Helvetic Republic, which were lacking both in equipment and motivation (Renggpass at Pilatus on 28 August, artillery attacks on Bern and Zürich during September, and a skirmish at Faoug on 3 October), the central government at first capitulated militarily (on 18 September, retreating from Bern to Lausanne) and then collapsed entirely. With Napoleon acting as

1530-457: The border on 21 December 1813. On 29 December under pressure from Austria, the Diet abolished the 1803 constitution which had been created by Napoleon in the Act of Mediation. On 6 April 1814 the so-called Long Diet met to replace the constitution. The Diet remained deadlocked until 12 September when Valais, Neuchâtel and Geneva were raised to full members of the Confederation. This increased

1581-412: The canton in which the Bürgergemeinde is located. The Bürgergemeinde also often holds and administers the common property which had been bequeathed or otherwise given to the members of the bourgeoisie. The political communes or municipalities , the parish and the Bürgergemeinde often include the same area but may be separate depending on the relevant cantonal law. With the increase in mobility since

Bürgergemeinde - Misplaced Pages Continue

1632-404: The changes were too abrupt and sweeping and ignored the strong sense of identity that most Swiss had with their canton or city. Throughout the following four years, French troops were often needed to support the Helvetic Republic against uprisings. The government of the Republic was also divided between the "Unitary" (supporting a single, strong central government) and the "Federalist" (supporting

1683-519: The democratic cantons, the cantonal governments in other cases being in the hands of a great council (legislative) and the small council (executive). Overall, the powers granted to the state were extremely broad. The following 40 articles, which were known as the Acte fédéral or Acts of Confederation, defined the duties and powers of the federal government. The responsibilities of the Confederation included: providing equality for all citizens, creation of

1734-739: The first half of the 19th century, the Bürgergemeinde and the rights associated with citizenship in the municipality have lost most of their meaning. Today, in Switzerland there are nearly 2000 Bürgergemeinden and corporations. The Bürgergemeinde is known by different names in individual cantons. These names include: bourgeoisie (in Valais and Fribourg ), commune bourgeois in Jura , Burgergemeinde ( Bern , Valais ), Ortsbürgergemeinde ( Uri , Aargau ), Ortsgemeinde ( St. Gallen , Thurgau ), vischnanca burgaisa ( Graubünden ) or Tagwen ( Glarus ). In Ticino , they are called patriziati , which emerged from

1785-486: The four others were made up of subject lands (i.e. controlled by other cantons) that had been conquered at different times — Aargau (1415), Thurgau (1460), Ticino (1440, 1500, 1512), and Vaud (1536). Five of the six new cantons – Graubünden was the exception – were given modern representative governments . However, in the 13 original cantons many of the pre-revolutionary institutions remained in place. The landsgemeinden , or popular assemblies, were restored in

1836-460: The law. Additionally, the urban towns and the rural villages had differing rights and laws. The creation of Helvetic citizenship, which gave equally to citizens of the old towns and their tenants and servants, led to conflict. The wealthier villagers and urban citizens held rights to forests, common lands and other municipal properties which they did not wish to share with the newly enfranchised, who were generally poor. The compromise solution, which

1887-528: The legal form of Sixth Form Colleges and Further Education Colleges , as well as Higher Education Corporations, the legal form of most post-1992 universities , are all statutory corporations created under the Education Reform Act 1988 and the Further and Higher Education Act 1992 ; a small number of older universities are also statutory corporations created under specific acts of parliament. The phrase

1938-445: The others having but one apiece. Two amendments to the Act, containing 13 and 9 articles, addressed the transition from the failed Republic to the new Confederation. Louis d'Affry , the appointed Landammann der Schweiz during the transition, was given extensive powers until the Diet could meet. Within the cantons, the local governments were run by a seven-member commission until new elections could be held. The closing statement of

1989-660: The paperwork with the appropriate agency as part of the formation of the entity. At the Federal level, a small number of corporations are created by Congress . Prior to the District of Columbia being granted the ability to issue corporate charters in the late 19th century, corporations operating in the District required a congressional charter . With limited exceptions, most corporations created by Congress are not federally chartered, but are simply created as District of Columbia corporations as

2040-677: The railway network and was previously also an operator. The MTR Corporation Limited was also such a company, then named as Mass Transit Railway Corporation. Other examples include the Ocean Park Corporation , and the former Industrial Estates Corporation and Land Development Corporation . Statutory corporations are government establishments brought into existence by a Special Act of the Parliament. The Act defines its powers and functions, rules and regulations governing its employees and its relationship with government departments. This

2091-411: The right to levy taxes. The Federal Constitution of 1874 removed discrimination based on one's place and canton of origin and all male Swiss citizens were granted equal political rights. This revised constitution finally removed all the political voting and electoral body rights from the Bürgergemeinde . In the cities, the percentage of members in the Bürgergemeinde in the population was reduced as

Bürgergemeinde - Misplaced Pages Continue

2142-555: The rural population (which was strongly Federalist) revolted against the Helvetic Republic. In the Canton of Léman , the Bourla-papey revolt broke out against the restoration of feudal land holdings and taxes. While this rebellion was quieted through concessions, the following Stecklikrieg , so called because of the Stäckli or "wooden club" carried by the insurgents, led to the collapse of

2193-407: The same way. The various types of Bürgergemeinden indicate the large differences in the degree of organization, powers and responsibilities that they hold throughout Switzerland. While in many cantons the political municipalities holds the power to make and implement policy, in some cities the Bürgergemeinde has right to self-government, and can have its own executive council. In Basel and Bern

2244-490: The so-called vicinanze and are their legal successor . In the cantons of Zurich , Lucerne , Nidwalden , Schwyz , Glarus , Schaffhausen , Appenzell Ausserrhoden , Appenzell Innerrhoden , Neuchâtel , Geneva , and Vaud there are no Bürgergemeinden with the political communes handle the associated responsibilities. In Nidwalden, Schwyz, and Appenzell Innerrhoden, however, there are privately organized corporations ( German : Korporationsgemeinde ) that operate in much

2295-468: The statutory corporations are private commercial operations, a number of which have been privatised, in part or in whole, since the 1980s: these have included the national airline Qantas , Telstra (also previously known as Telecom Australia) and the Commonwealth Bank . A statutory corporation in Germany is called a Körperschaft des öffentlichen Rechts (KdöR). An example of a statutory corporation

2346-542: The title Médiateur de la Confédération suisse (Mediator of the Swiss Confederation) to his others in 1809. While the Act of Mediation remained in force until the end of Napoleon's power in 1813 and was an important step in the development of the Swiss Confederation, the rights promised in the Act of Mediation soon began to vanish. In 1806 the principality of Neuchâtel was given to Marshal Berthier . Ticino

2397-497: The usual policy today is that a private limited company by shares or public limited company incorporated under the Companies' Acts is set up instead, with the relevant minister holding 100% of the issued share capital. Nonetheless, as of 2007 several prominent statutory corporations continue to exist, such as Raidió Teilifís Éireann (RTÉ), the Electricity Supply Board (ESB), Bord Gáis Éireann , An Bord Pleanála ,

2448-634: Was issued by Napoleon Bonaparte , First Consul of the French Republic on 19 February 1803 to abolish the Helvetic Republic , which had existed since the invasion of Switzerland by French troops in 1798, and replace it with the Swiss Confederation . After the withdrawal of French troops in July 1802, the Republic collapsed (in the Stecklikrieg civil war). The Act of Mediation was Napoleon's attempt at

2499-562: Was occupied by French troops from 1810 to 1813. Also, in 1810 the Valais was occupied and converted into the French department of the Simplon to secure the Simplon Pass . Swiss troops still served in foreign campaigns such as the French invasion of Russia which undermined their long-held neutrality. At home the liberty of moving from one canton to another (though given by the constitution) was, by

2550-578: Was the Tagsatzung or Diet which was held in one of the six vororten (or leading cities, which were: Fribourg , Bern , Solothurn , Basel , Zürich and Lucerne ) each year. The Diet was presided over by the Landammann der Schweiz who was the chief magistrate of the vorort in which the Diet met during that year. In the Diet, six cantons which had a population of more than 100,000 (Bern, Zürich, Vaud, St Gallen, Graubünden and Aargau) were given two votes,

2601-424: Was written into the municipal laws of the Helvetic Republic, is still valid today. Two politically separate but often geographically similar organizations were created. The first, the so-called municipality, was a political community formed by election and its voting body consists of all resident citizens. However, the community land and property remained with the former local citizens who were gathered together into

SECTION 50

#1733055875959
#958041