Facts
The Federal Court had to decide on a constitutional complaint against the enforcement decree of the Constitutional Council of the Cantons of Basel-Stadt and Basel-Landschaft. The Constitutional Council had ordered that the new cantonal constitution and the "main principles of legislation" should be voted on separately. 47 enfranchised citizens of the Canton of Basel-Landschaft filed a complaint against this order, as they were of the opinion that the "main principles" must be an integral part of the new constitution according to § 57 bis of the Constitution of Basel-Landschaft.Considerations
The Federal Court concluded that the "main principles" are indeed formal constitutional law and not merely statutory law, as the Constitutional Council had assumed. Nevertheless, the separate voting on the constitution and the "main principles" ordered by the Constitutional Council does not violate § 57 bis of the Constitution of Basel-Landschaft. However, the Federal Court annulled the enforcement decree insofar as it provides for separate voting without making the entry into force of the constitution…