Legislative mandate

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According to German constitutional law, a legislative mandate is a mandate from the constitutional authority to the legislature .

Legislative mandates can be found both in the provisions of fundamental rights and in state organization law .

An example of a legislative mandate is the state's duty to protect human dignity in accordance with Article 1, Paragraph 1, Clause 2 of the Basic Law , insofar as it is concretized into a concrete instruction to the legislature. The legislature must ensure that the subsistence level is secured through social benefits based on law, if necessary.

An example from state organization law is the provision in Article 38 Paragraph 3 of the Basic Law . According to this, a federal law is absolutely necessary in order to determine the details of the election of the members of the German Bundestag.

An example of a legislative mandate (which has not been fulfilled since 1919) is the provision in Article 138 (1) of the Weimar Constitution in conjunction with Article 140 of the Basic Law . After that, the state services to religious societies are replaced by state legislation, with the principles for this being drawn up by the Reich (read: the federal government).