Legislative ordinance
The statutory representative ordinance (also " independent ordinance in the narrower sense") is an ordinance that is based directly on a constitutional basis and can therefore be issued without a simple statutory authorization (hence also "constitutional statutory ordinance". In contrast to this: implementing ordinance or executive ordinance).
The statutory ordinance is therefore usually issued instead of a law (see the model of the gradual structure of the legal system ).
It is used in the independent ordinances in
- statutory ordinances,
- statutory regulations ,
- law-changing regulations
distinguished.
Statutory ordinances are in any case inadmissible if they violate the basic norms of the constitution.
Regulations in the Basic Law (Germany)
Statutory ordinances are no longer permissible in Germany since the Basic Law (GG) came into force ( Art. 129 (3) GG). Statutory ordinances (e.g. StVO ) must therefore generally be issued in Germany (federal and state governments) on the basis of a statutory authorization ( Art. 80 GG).
Examples
A statutory order can, for example, be an ordinance issued on the basis of an emergency ordinance law (cf. e.g. emergency provisions of the Austrian Federal Constitution or Art 10 Liechtenstein National 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.
- ↑ See also Art 97 Paragraphs 2 and 3 B-VG regarding an emergency ordinance law of the provincial governments of the Austrian federal states
