Primacy of law
Primacy of law referred to the constitutional principle that the actions of legislative , executive and judicial branches never violate any applicable laws may violate. Action means both real acts, e.g. B. the so-called direct coercion of the police, as well as legal acts (ordinances, statutes under public law , administrative acts , court decisions).
For Germany , the priority of the law is standardized in Art. 20 Para. 3 of the Basic Law . The provision is considered to be one of the "principles [...] of the constitutional state within the meaning of this Basic Law", to which Article 28 (1) sentence 1 of the Basic Law refers.
Constitutional law takes precedence for the legislature , since the legislature can regularly repeal, change and create new laws. For this reason, the legislature cannot be required to be bound by the entirety of the laws.
For the judiciary and the executive, on the other hand, they are bound by the law and the legal system . To what extent the formulation of Article 20 (3) of the Basic Law, according to which the judiciary and executive are bound by law and statute, with the word law also allows the validity of natural law , is controversial among constitutional lawyers.
"The violation of a lower-ranking against a higher-ranking legal act is illegal. The consequences of unlawfulness vary: In general, unlawful norms are void, unlawful administrative acts and court decisions can only be challenged within a certain period. "
See also
- Article 20 of the Basic Law for the Federal Republic of Germany
- Reservation of the law
- Primacy of the constitution
- Legal source
- Competing Legislation
literature
- Walter Schmitt-Glaeser : primacy of the law . In: Horst Tilch , Frank Arloth (Hrsg.): Deutsches Rechts-Lexikon . Volume 3. 3rd edition. Beck, Munich 2001, ISBN 978-3-406-48054-6 , p. 4721.
Individual evidence
- ↑ Ute Gräber-Seißinger: The Brockhaus law. Understand the law, know its rights . Brockhaus, Leipzig / Mannheim 2005, ISBN 978-3-7653-0559-7 , p. 803.
