Basic law
As a basic law basic legal norms and constitutional provisions and principles are referred to various communities. Generally, the term was in the older literature for basic principles or essential features of a state used ( Basic Law ), such as Montesquieu ( lois fondamentales ).
Basic Law or Constitution?
Basic Law is generally used as an alternative and equal to the term of the Constitution. The former focuses on the standard hierarchical top position of the standard ( it is the basis of all, including and especially the legislative government authority ), the latter emphasizes the constitution, so the function and state / constitution (see the correlation of other languages ) of the community, regardless of the legal system. The concept of a Basic Law is thus a formal legal positivist legal thought based and sets a positive set, in a codified body of law constitutional law requires. The Constitution, however, may also exist unwritten and based on a factual- functional legal thought, for example, based on State practice and the totality of existing laws Constitution of the United Kingdom. Qualitatively, the terms concerning the law of the community do not differ, even though the definition of a constitution is sometimes associated with more emotional the nation-state idea. As the constitution or the basic law is passed in this regard is irrelevant. Both can be caused by referendum decision of the Constituent Parliament, Convention Decisions, remission of head of state or by state law contract.
Etymology
The German concept of the Basic Law is a loan translation of the Latin legal term lex fundamentalist, on the French loi fundamental, but also has its equivalent in other jurisdictions ( see below).
Today applicable basic laws
- The Basic Law for the Federal Republic of Germany of 1949, the Constitution of Germany
- The four fundamental laws of the Swedish Constitution (1766-1992), see Constitution of Sweden
- The Constitution of the Kingdom of Norway from 1814
- The Dutch Constitution - the Grondwet voor het Koninkrijk der Nederlanden by 1814/15
- The Constitution of Denmark - Denmark's Basic Law ( Danmarks Engined Grundlov ) 1953
- The eleven Basic Laws of Israel 1958-2001
- The Constitution of Estonia - Basic Law of the Republic of Estonia ( Eesti Vabariigi põhiseadus ) 1992
- The Finnish Constitution (Finnish perustuslaki, German Basic Law ) of 2000
- The Constitution of the State of the Vatican City - Basic Law of the State of Vatican City ( Legge fondamentale dello Stato della Città del Vaticano ) 2000
- The Basic Law of Ukraine 1994
- The Basic Law of Hungary - Magyarország Alaptörvénye of 2011
Historical basic laws
Holy Roman Empire
Various laws of the Holy Roman Empire, which are usually regarded as fundamental laws of the kingdom, see the article Holy Roman Empire, paragraph fundamental laws are referred to in the literature as the fundamental law. In particular:
- The Concordat of Worms in 1122
- The Statutum in favorem principum ( statute in favor of princes ) of 1231
- Mainzer the peace of 1235
- The Golden Bull of 1356
- The eternal kingdom of peace of 1495
- The Reichsmatrikel 1521
- The Peace of Augsburg of 1555
- The Imperial Chamber Court order of 1555
- Peace of Westphalia of 1648
- Sometimes the Imperial Diet of 1803, as a "last imperial constitution "
Constitutions or parts of constitutions German (individual) states after 1806
- The Constitution of the Duchy of Oldenburg
- The Basic Law on the scenic Constitution of the Duchy of Saxe-Coburg -Meiningen from September 4, 1824
- The Basic Law of the Duchy of Saxe-Altenburg from 1831
- The fundamental law of the Kingdom of Hanover in 1833
- The revised constitution for the Prussian State from 1850 was proclaimed " as a fundamental law "
- Revidirte the fundamental law of the principality of Reuss younger line of 1852
- The country's Basic Law for the duchy of Saxe-Coburg and Gotha from May 3, 1852
- Revidirte the fundamental law of the Grand Duchy of Oldenburg from 1852
- The Basic Law of the principality of Schwarzburg- Rudolstadt 1854
- The country's Basic Law of the principality of Schwarzburg- Sondershausen
- The fundamental law of the Republic of Bavaria ( Munich Soviet Republic) and the provisional Organic Law of the Free State of Bavaria from January 4 and March 17, 1919
- The country's basic law of Mecklenburg- Strelitz from 1923
- The fundamental law of the State of Hesse wholesale from November 22, 1945
- The country's Provisional Constitution of North Rhine -Westphalia from 1946
- The Constitution of the former Land Wuerttemberg-Baden from 1946 was called Constitution for the state of Württemberg -Baden and was announced as a " fundamental law of the state of Wuerttemberg -Baden "
Austria
The Austrian Fundamental Laws of the Constitution in December of 1867, anlässliche the conversion of the Empire of Austria in the Dual Monarchy of Austria - Hungary; the Basic Law on the General Rights of Citizens ( Basic Law ) was - not fully - Recognised in the Austrian Federal Constitution (Article 149 Federal Constitution ) and thus forms today a part of the constitutional law of the Republic of Austria.
Iran
The Iranian constitution consists of several documents that have arisen during the period from 1906 to 1911 during the Constitutional Revolution. Specifically, it is a decree to draw up an electoral law and the establishment of a parliament on August 5, 1906 the first electoral law of September 9, 1906, the Basic Law of 30 December 1906 the amendments to the Basic Law of 7 October 1907 the new electoral law from 1 July 1909., the Basic Law and the electoral law remained in the nucleus with some additions to the end of the constitutional monarchy in 1979 in force.
Turkey
The Ottoman constitution, which was literally referred to as the Basic Law, was the first and last fixed written constitution of the Ottoman Empire.
Russian empire
The Fundamental Laws of the Empire Russia on April 23, 1906 see imperial constitution of the Russian Empire.
Further use
The German community order of 30 January 1935 referred to in the preamble as " fundamental law of the Nazi state."