Arbitrary parliamentary resolution
The simple parliamentary decision is a form of decision-making in the exercise of parliamentary control in a democracy , if the constitution or the parliament's own procedural rules do not provide for any other form, such as a law or ratification. In principle, parliament can decide on all non-legislative questions by simple parliamentary resolution. The core function is the announcement of his will, so that it is not only legal, but v. a. can have political significance.
A simple parliamentary resolution can be used, for example, to decide on budget issues (in the Federal Republic of Germany mainly by law ), on a vote of no confidence , on a request to the government, on a foreign policy declaration, on the use of armed forces - since the constitutional court decision of 1994 (adopted in the Parliamentary Participation Act ) by far the most important case of practically relevant simple parliamentary decisions in Germany - determination of a case of war or declaration of war (the latter not in Germany). Since it is not a law in the material sense due to the lack of external impact, the Federal Council is not involved (from which, however, the determination of the state of war is excluded, Paragraph 1.html § 115a Paragraph 1 ).
The term plenary resolution is often used synonymously , although it actually means a decision by the plenary.
See also
literature
- Martin Sester: The parliamentary decision. Publishing house Dr. Kovac, Hamburg 2007, ISBN 978-3-8300-3216-8 .
