Purpose article
An article of purpose is the article of law that roughly outlines the ratio legis of the decree in which it stands (such as a law ). It is thus similar to the preamble , but differs from it in terms of scope and lack of solemnity. If a decree has a purpose article, it is usually contained in Art.
Since purpose articles are only kept very general, they are - like preambles - not justiciable; they lack the normative character. This means that a person seeking law cannot rely on them. However, they can help with the historical interpretation of the respective decree by providing clues as to what the legislature wanted to achieve with this decree. They can also help determine the position of an edict throughout the legal system.
example
An example is the article on purpose of the Swiss Narcotics Act , which reads as follows:
“This law shall:
a. prevent the unauthorized use of narcotics and psychotropic substances, in particular by promoting abstinence;
b. regulate the availability of narcotics and psychotropic substances for medical and scientific purposes;
c. Protect people from the negative health and social consequences of addiction-related disorders of the psyche and behavior
;
d. protect public order and security from the dangers posed by narcotics and psychotropic substances;
e. fight criminal acts that are closely related to narcotics and psychotropic substances. "
Although this article comprehensively describes what the BetmG should serve, it is not possible to force the federal government to invest more money in promoting abstinence (cf. lit. a.).
Other meanings
In a broader sense, the term purpose article is often used in the statutes of legal entities and includes the purpose of this.
Individual evidence
- ↑ Andreas Lötscher: Purpose Article - pointless? ( PDF ) (No longer available online.) Published on the Federal Chancellery homepage , archived from the original on September 2, 2016 ; Retrieved February 22, 2012 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. P. 98.
- ↑ Andreas Lötscher: Purpose Article - pointless? ( PDF ) (No longer available online.) Published on the Federal Chancellery homepage , archived from the original on September 2, 2016 ; Retrieved February 22, 2012 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. P. 100.
- ↑ Federal Act on Narcotics and Psychotropic Substances (BetmG). In: Systematic collection of federal laws. Retrieved February 22, 2012 .
