As Switzerland is made up of 26 cantons and certain procedures are directly regulated by federal law, it is difficult to obtain a precise overview of the cantonal justice systems. As a result, in the following remarks we can only take a brief look at certain aspects.

Civil and criminal law, and more specifically the enactment of provisions of a general and abstract nature, are in principle the responsibility of the federal authorities. However, in the administration of civil justice, i.e. the enactment of provisions governing civil court procedure in specific cases, the cantons are basically responsible. They have to appoint and organise the authorities entrusted with the application of civil and criminal law in their canton. The cantons are also responsible for deciding on the form and the details of the procedures. In the field of public law, there are areas for which the cantonal authorities are responsible (such as cantonal taxes, primary schools, etc.) and others for which the federal authorities are responsible (such as federal taxes, civilian and military service, etc.). In various areas the cantonal authorities are required, at least in the first instance and often in the second, to apply federal public law; in other areas, federal public law is enforced directly by the federal authorities.

It is difficult to summarise the organisation of the courts, whether in relation to the individual cantons or with regard to the individual procedural areas. Depending on the canton, a court may be presided over by one or more judges. Often a single judge has the task of ruling on minor matters in the first instance, while courts with two or more judges tend to deal with more serious disputes in the first instance. Appeal courts are normally made up of two or more judges.

The procedures for the appointment of judges differ considerably depending on the canton and the court: judges may be appointed by the people, by the parliament, by the highest courts or by the government. In Switzerland not all judges are required to have studied law at university. Often judges in courts of the first instance (with the exception of their presidents) and justices of the peace are laypeople. The proportion of legally qualified judges increases the higher the level of the court.