Constitution

Constitution (also constitution ) refers to both the process and the result of the drafting and enactment of a constitution . A constitution breaks with the previously existing constitution and / or constitutional situation or creates a constitutional state authority . Existing constitutions mostly contain rules for changing the constitution , but none for making a constitution. The replacement of an existing constitution by a new constitution is therefore usually not provided for under constitutional law and an original constitution is therefore not a question of constitutional law. As acts of the pouvoir constituant , constitutional arrangements are therefore not bound by the provisions of the previous constitution. New constitutions are mostly created either as a result of revolutionary processes or as a result of a comprehensive revision (“total revision”) of the previously existing constitution. Furthermore (according to Alexander Proelß ) different forms of constitution can be distinguished:

• The "election of a constituent assembly and acceptance [of the constitution] by the people ", for example in the case of the Bavarian state constitution of 1946 .
• The “election of a constituent assembly which itself puts the constitution into force”, as in the case of the Weimar constitution .
• A "referendum on [a] draft constitution prepared by Parliament ", such as the 1958 Constitution of the Fifth French Republic .

However, this does not exclude other forms of constitution. For example, the Federal Constitution of the Swiss Confederation of 1848 and the Constitution of the United States were put into effect by consensus parliamentary resolutions in the member states , which each merged with the constitution to form federal states . The Basic Law for the Federal Republic of Germany also derives its legitimacy from its ratification by the state parliaments, among other things .

See also

• Constituent Assembly

Individual evidence

1. ↑ ^{a b} Cf. Manfred G. Schmidt : Verfassungsgebung. In: ders .: Dictionary on Politics (=  Kröner's pocket edition , vol. 404). 2., completely revised u. extended edition, Kröner, Stuttgart 2004, ISBN 3-520-40402-8 , p. 740.
2. ↑ ^{a b} Constitution . On: Rechtslexikon.net. Retrieved July 10, 2014.
3. ↑ Cf. Rainer Hofmann : Constitutional Law I , § 4. Constitutionalization , winter semester 2012/2013. Retrieved July 31, 2014.
4. ↑ Alexander Proelß: Allgemeine Staatslehre , VI. Constitution, constitutional amendment, republic, democracy ( Memento from July 14, 2014 in the Internet Archive ), winter semester 2010/2011. Retrieved July 31, 2014.