Primacy of the constitution
The primacy of the constitution is understood to mean the rule of law , according to which the constitution has a higher rank than simple laws, i.e. these may not violate them.
For Germany , this principle results from Article 20, Paragraph 3 of the Basic Law , according to which the legislature is also bound by the “constitutional order”, ie by the Basic Law. Both the content of the laws (material constitutionality) and the creation of these laws (formal constitutionality) must comply with the Basic Law. Unconstitutional laws are therefore void. The nullity can only be determined and pronounced by the Federal Constitutional Court (cf. Art. 100 GG).
The provision of Article 20 (3) of the Basic Law 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.
