Constitutional order
The constitutional order is a legal term from constitutional law . According to the wording, this means an order that corresponds to the current constitution . The exact legal meaning of the term differs in different legal systems and partly also within one legal system depending on the context.
The legal concept of the constitutional order has different meanings in different provisions of German law . In the Basic Law (GG) it is expressly used in the basic legal provisions of Article 2 (1) and Article 9 (2) of the Basic Law as well as in Article 20 (3) of the Basic Law.
Article 2 (1) of the Basic Law guarantees general freedom of action , which is primarily restricted by the constitutional order. In the sense of this provision, it means the sum of all formally and materially legal norms , i.e. the entire norm pyramid from constitutional federal laws down to constitutional municipal statutes . The leading decision on this interpretation is the so-called Elfes judgment of the Federal Constitutional Court .
Art. 9 GG guarantees freedom of association . One of their limits is the constitutional order. Because of the factual togetherness with Article 18 and Article 21.2 of the Basic Law, this means the free democratic basic order , that is, the basic democratic social order of the Basic Law. The legal term thus goes less than in Art. 2 GG, where it covers all lawful laws , and it has a different meaning in that it is about different norm addressees .
Article 20.3 of the Basic Law understands the concept of the constitutional order as the entire formal constitutional law.
literature
- Bodo Pieroth , Bernhard Schlink : Basic rights. Staatsrecht II. 22nd edition, C. F. Müller, Heidelberg 2006 (Focus, Vol. 14/1), marginal numbers 383 and 749, ISBN 3-8114-8010-3 .
See also
Web links
Individual evidence
- ↑ BVerfG, judgment of January 16, 1957, Az. 1 BvR 253/56, BVerfGE 6, 32 - Elfes.
