Autonomous Law
In the doctrine of legal sources, those legal propositions are designated as autonomous law , which are enacted independently of the parliamentary legislative organs by organs of the indirect state administration .
These are independent from the state, with the right of self-government -appointed bodies , institutions and foundations under public law . Self-governing bodies such as the municipalities enjoy the right to regulate their affairs independently within the framework of the law ( Article 28 (2 ) of the Basic Law ).
The organs of the self-governing bodies, such as a municipal council, have their own democratic legitimation through election.
Since the autonomous law is not set by the legislature, it is a matter of laws in the material sense . It must be compatible with the formal laws and follow them in rank.
According to the principle of reservation of the law and by the Federal Constitutional Court developed Wesentlichkeitstheorie but must in a parliamentary democracy the parliamentary legislators meet the essential fundamental rights restrictive regulations themselves and must not in organs outside the immediate state administration delegate.
Web links
- Federal Ministry of Labor and Social Affairs : Guideline paper on the reorganization of the rules and regulations in occupational safety August 31, 2011 (on the participation of the accident insurance carriers through autonomous statutes in the joint German occupational safety strategy )
Individual evidence
- ↑ General information on legal norms at the University of Bamberg, accessed on January 9, 2017
- ↑ BVerfG, decision of May 9, 1972 - 1 BvR 518/62 and 308/64 on the regulation of specialist medical services through the statutes of the Medical Association (specialist regulations)