Supplementary law regulation

The law additional regulation is a regulation that can be directly based on a constitutional legal basis and therefore (eg local police.) Without just legal authority in the area of a narrowly defined field of law enacted (hence "direct constitutional law supplementary regulation" contrast. Implementing or Enforcement Ordinance).

The regulation supplementing the law is therefore usually issued in addition to a law, unless a law already contains relevant regulations in the state's legal framework or such regulations are made later (see the model of the graduated structure of the legal system ). However, the statutory supplementary ordinance has the basis of authorization for the legislator to issue the ordinance only in a constitutional law.

Supplementary regulations therefore only have a subsidiary effect on existing or future laws, since existing laws or future laws derogate the supplementary regulations .

It is used in the independent ordinances in

distinguished.

Statutory ordinances are in any case inadmissible if they violate the basic norms of the constitution.

References

↑ BGE 103 IV 192, E. 2a: An enforcement ordinance must not go beyond the framework defined by the law. The enforcement ordinance has the function of specifying provisions of the law, filling real gaps if necessary and, if necessary, determining the applicable procedure. The Execution Ordinance therefore does not contain any new provisions that extend the scope of a law and limit the rights of those subject to the norm or impose obligations on them.

[1] BGE 103 IV 192, E. 2a: An enforcement ordinance must not go beyond the framework defined by the law. The enforcement ordinance has the function of specifying provisions of the law, filling real gaps if necessary and, if necessary, determining the applicable procedure. The Execution Ordinance therefore does not contain any new provisions that extend the scope of a law and limit the rights of those subject to the norm or impose obligations on them.