List of basic laws

As a fundamental law fundamental to legal norms and constitutional provisions and principles of various communities referred. In general, the term was in the older literature on basic principles or essential features of a state system used (Organic Law) , such as Montesquieu (lois fondamentales) .

Definition of the Basic Law and the Constitution

In general, the Basic Law is used as an alternative to the concept of the constitution . The former focuses on the norm-hierarchical highest position of the norm (it is the basis of all, including and in particular the legislative state power ), the latter emphasizes the constitution , i.e. the functioning and the state / constitution (see the equivalents of other languages) of the community, independently from the legal system . The concept of a Basic Law is thus based on a formal right-positivist legal thinking and presupposes positive constitutional law codified in a body of law . The constitution, on the other hand, can also exist unwritten and is based on factual-functional legal thinking, e.g. B. The United Kingdom Constitution, based on state practice and the entirety of existing laws . Qualitatively, the terms do not differ with regard to the statehood of the community, even if the term constitution is sometimes more emotionally linked to the idea of the nation state . How a constitution or a basic law is passed is irrelevant in this regard. Both can arise through referendum , resolution of the constituent parliament , convention decisions , decree of the head of state or through constitutional treaty and also through occupation law .

etymology

The German term of the Basic Law is a loan translation of the Latin legal term lex fundamentalis , via the French loi fundamentale , but it also finds its equivalent in other legal systems (see below) .

Applicable Basic Laws

• the Constitution of Denmark - Basic Law of Denmark ( Danmarks Riges Grundlov ) of 1953
• the Basic Law for the Federal Republic of Germany from 1949, the Constitution of Germany
• the Constitution of Estonia - Basic Law of the Republic of Estonia ( Eesti Vabariigi põhiseadus ) of 1992
• the Finnish Constitution ( Finnish perustuslaki , German Basic Law ) of 2000
• the Constitution of Ireland - Bunreacht na hÉireann of 1937
• the eleven basic laws of Israel from 1958 to 2001
• the Dutch constitution - the Grondwet voor het Koninkrijk der Nederlanden from 1814/15
• the Constitution of the Kingdom of Norway of 1814
• the constitution of the State of Palestine in the version of March 19, 2003 is called the Basic Law .
• the Four Basic Laws of the Swedish Constitution (1766–1992)
• the Basic Law of Ukraine from 1996
• the Basic Law of Hungary - Magyarország Alaptörvénye from 2011
• the Constitution of the State of Vatican City - Basic Law of the State of Vatican City ( Legge fondamentale dello Stato della Città del Vaticano ) of 2000

Historical basic laws

Holy Roman Empire

Various laws of the Holy Roman Empire , which are mostly regarded as the basic laws of the empire (see Holy Roman Empire: Basic Laws ), are referred to in the literature as the Basic Law. In detail:

• the Worms Concordat of 1122
• the statute in favorem principum (statute in favor of the princes) of 1231
• the Peace of Mainz of 1235
• the golden bull of 1356
• the Eternal Imperial Peace of 1495
• the imperial register of 1521
• the Augsburg Religious Peace of 1555
• the order of the Reich Chamber of Justice of 1555
• the Peace of Westphalia of 1648
• sometimes the Reichsdeputationshauptschluss of 1803 as the "last Reichsgrundgesetz"

Constitutions or parts of constitutions of German (individual) states after 1806

• the constitution of the Duchy of Oldenburg
• the Basic Law on the Landscaping Constitution of the Duchy of Saxony-Coburg-Meiningen of September 4, 1824
• the Basic Law for the Duchy of Saxony-Altenburg from 1831
• the state constitution of the Kingdom of Hanover of 1833
• the revised constitutional document for the Prussian state of 1850 was promulgated "as a constitutional state law"
• the revised constitution of the state for the principality Reuss younger line of 1852
• the state constitution for the duchy of Saxony-Coburg and Gotha of May 3, 1852
• the revised constitution for the Grand Duchy of Oldenburg from 1852
• the Basic Law for the Principality of Schwarzburg-Rudolstadt from 1854
• the state constitution for the principality of Schwarzburg-Sondershausen
• the Basic State Law of the Republic of Bavaria ( Munich Räterepublik ) and the Provisional Basic Law of the Free State of Bavaria of January 4 and March 17, 1919
• the state constitution of Mecklenburg-Strelitz from 1923
• the Basic Law of the State of Greater Hesse of November 22, 1945
• the provisional state constitution of North Rhine-Westphalia from 1946
• the constitution of the former state of Württemberg-Baden from 1946 was called the constitution for the state of Württemberg-Baden and was promulgated as the “Basic Law of the State of Württemberg-Baden”

See also : List of constitutions in Germany

Iran

The Iranian constitution consists of several documents that were created between 1906 and 1911 during the Constitutional Revolution . Specifically, it concerns a decree for the drafting of an electoral law and the establishment of a parliament of August 5, 1906, the first electoral law of September 9, 1906, the Basic Law of December 30, 1906, the amendments to the Basic Law of October 7, 1907 and the new electoral law of July 1, 1909. The basic law and the electoral law remained in force with a few amendments until the end of the constitutional monarchy in 1979.

Austria

The Austrian basic laws of the December constitution of 1867, on the occasion of the transformation of the Austrian Empire into the dual monarchy Austria-Hungary ; The State Basic Law on the General Rights of Citizens (StGG) was - not fully - adopted in the Austrian Federal Constitution (Art. 149 Federal Constitutional Law ) and thus forms part of the constitutional law of the Republic of Austria to this day .

Russian Empire

The basic state laws of the Russian Empire of April 23, 1906

Turkey

The Ottoman Constitution , which was literally referred to as the Basic Law , was the first and last written constitution of the Ottoman Empire .

Further use

The German municipal code of January 30, 1935 was referred to in the preamble as the "Basic Law of the National Socialist State".

See also

• German constitution

literature

• Gerhard Köbler : Historical lexicon of the German countries. The German territories from the Middle Ages to the present. 4th, completely revised edition. CH Beck, Munich 1992, ISBN 3-406-35865-9 .
• Gerhard Köbler: Etymological legal dictionary. Mohr, Tübingen 1995, ISBN 3-16-146420-6 .

Web links

• German constitutions

Individual evidence

1. ↑ Cf. designation of the Constitution of Ukraine in the constitutional text, the (German) constitutional designation of complaints about the violation of the Basic Law as "constitutional complaints" and the like. v. m.
2. Jump up ↑ Gerhard Köbler: Etymologisches Legal Dictionary , Mohr, Tübingen 1995, p. 429.
3. ↑ Hans Vorländer : Why Germany's constitution is called the Basic Law (September 1, 2008), Federal Agency for Civic Education / bpb, accessed on March 7, 2014.
4. ↑ Creifeld's legal dictionary , 17th edition, CH Beck, Munich 2002.
5. Jump up ↑ Gerhard Köbler: Etymologisches Legal Dictionary , Mohr, Tübingen 1995, p. 170.
6. ^ DWB: Basic Law
7. ↑ Reiner Bernstein: Constitution without a state - The Palestinian constitution is now available. WG Friedensforschung, May 9, 2003, accessed December 1, 2012 . 
8. ^ Palestine Basic Law. Archived from the original on June 4, 2011 ; Retrieved August 4, 2014 . 

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