Constitution

As a Constitution, the central legal document or the central legal existence of a State member State or States group is reported (see Treaty establishing a Constitution for Europe). It regulates the basic organizational structure of the state, the territorial organization of the state, the relationship with its member states and to other states, and relations with its standard subjugated and their most important rights and obligations. The constituted in this way of government are bound by the Constitution as the supreme norm and their power over the subjugated standard is limited by them. The constituent power goes out in democratic states from the state people. Constitutions usually contain state functions and state objectives, they often find themselves in a preamble again.

The legal analysis of constitutions is the subject of constitutional law.

  • 4.1 European Union
  • 4.2 Germany 4.2.1 Constitutions of the German countries
  • 4.3.1 Constitutions of the Austrian provinces
  • 4.4.1 Constitutions of the Swiss cantons
  • 4.4.2 church constitutions
  • 5.1 Bavaria
  • 5.2 Baden
  • 5.3 Hesse
  • 5.4 Prussia
  • 5.5 German Bund
  • 5.6 German Empire
  • 5.7 DDR
  • 5.8 Austria
  • 5.9 Swiss Confederation
  • 5:10 Other historical constitutions
  • 8.1 Constitutional History
  • 8.2 constitutional texts
  • 8.3 secondary literature
  • 8.4 Magazines

General

As derived from the Constitution all legal sentences of a legal system, this is the final stages of the construction of the legal system. To justify this termination of the infinite right derivative recourse, legal positivism developed the concept of the basic norm. In principle arises with constitutions also always the question of its legitimacy. Constitutional laws are usually different from simple laws provisions in several points:

  • A constitution is usually only under severe conditions changed, amending its own constitution legislature is therefore usually called.
  • The actions of state bodies are in form and content bound by the requirements of the Constitution.
  • She enjoys priority over all other state laws.
  • In many liberal democracies monitored a separate constitutional jurisdiction over compliance. This can not only be explained within the framework of a standard control laws unconstitutional, but also, where appropriate, ineffective explain constitutional amendments as unconstitutional constitutional law (see further constitutional complaint ). But your verifiability by these courts is either not at all or only to a limited extent, as the Constitution itself represents the measure for assessing the legality of government action.

After Hauke ​​Möller constitutions have a dual function. " For one, they organize the ' pouvoir constitué ' and determine in what way the government decision-making takes place. On the other hand, they contain provisions such as the fundamental rights to which the ' pouvoir constitué ' is total bound. "

First or completely new constitutions are often drafted by the Constituent Assemblies. The constitutional authority is derived from the people in democratic states, and even in today's monarchies is often - at least predominantly in Europe - no monarch more single sovereign. In reality, the representative democracies this is usually delegated to a constitutional legislator. However, some countries even mandatory referendums for partial or total revision of the Constitution, such as for overall changes to the constitution in Austria. Amendments to the Constitution by the National Constitution legislature of certain qualified majorities are usually prescribed. Most often, as in Austria (Art. 44Vorlage: Art / Maintenance / RIS Search Sections 1 and 2 B- VG. ), A two-thirds majority needed.

But constitutions must be made either from a single constitutional document, nor even from gesatztem law. In the United Kingdom, the Constitution is about from a number of historically grown legal texts, which emphasize the non-static nature of the British constitution.

The examination of various current and historical constitutions are called comparative constitutional. It is a sub-case of comparative law.

Terms

Right Dogmatically is in what is commonly understood by the " Constitution " to a constitution in the formal sense, that is, a constitution into law. In contrast, simply describes the term constitution in the material sense all those legal norms that regulate the structure and activity of the community, regardless of whether they are positive law in statutory form ( for example, when the elders of a tribe make a decision ). A constitution in the material sense is therefore in everyone - even if "primitive" - form of human coexistence. A constitution in the formal sense, however, is an achievement of civilization to determine basic rights and obligations with legal certainty.

Constitutional jurisdiction

The constitutional jurisdiction is based on the idea of ​​hosting constitutional disputes before a constitutional court that is called upon to make a decision about the contents or interpretation of the Constitution. The concept of constitutional jurisdiction is derived from the Anglo- American jurisdictions. The modern constitutional jurisdiction is mainly due to the Hans Kelsen mainly designed Austrian Constitutional Court. This was the first of the Constitution itself duly authorized judicial review body to secure the constitutional guarantee. However, such a Constitutional Court is not everywhere:

  • In the Iranian Constitution, for example, the so-called Guardian assumes the role of a constitutional court with final authority in all decisions. He makes his decisions according to the Imami form of Sharia.
  • In Germany, in addition to the constitutional courts of the individual states exists, the Federal Constitutional Court. However, is this dish is not a Super appeal instance, as the country's constitutional courts derive their decision-making authority of the respective state constitution; in particular would contradict even his constitutional mandate.
  • Switzerland has only a limited constitutional jurisdiction because the people the supreme sovereignty is granted. Federal laws should be implemented by the authorities and courts even with unconstitutionality. Cantonal decrees of any and decrees at the federal level who do not have the force of law, however, can be challenged in federal court.

Verfassungspräambeln

Usually constitutions preceded by a preamble, which issued a statement about the motives of the constitutional legislator or call a higher power with the State or is used for legitimation.

Recent constitutions

European Union

The Treaty establishing a Constitution for Europe, the European Union should first get its own constitution. However, since the amounts recognized for this purpose referendums in France and the Netherlands failed, the Constitutional Treaty was declared as failed.

Instead, decided in 2007, the European Council, that the planned measures and changes made by the Lisbon Treaty to introduce into the existing contracts. From a use of the word "constitution" and typical state symbols such as the flag and anthem was apart here. Nevertheless, the European primary legislation - ie mainly the EU Treaty, the TFEU and the EU Charter of Fundamental Rights - the same legal status as it would have had the Constitutional Treaty; it is therefore given constitutional quality. Similarly, one is " largely agree [ ... ], but that made ​​the basis of a substantially enriched constitutional term deficits ."

Germany

Already 1849 has submitted a draft constitution for the whole of Germany, the Frankfurt National Assembly. Although this design was not adopted by the Prussian king and other princes, he had influence on the later discussions. A national German constitution was first enacted in 1867, namely the constitution for the North German Confederation. The design was created under the leadership of Otto von Bismarck and was accepted by the North German states. But then advised the constituent Reichstag about it, which had been specially selected for this purpose. The thus created of the constitution was thus no oktroyierte ( imposed solely by the monarch ), but an agreed constitution. With minor changes it was 1870/1871, the Constitution of the German Reich.

The Weimar Constitution August 11, 1919 took over from those established for the first time the constitution and form of government of the Republic for the German state as a whole. They also received, as the Frankfurt draft a bill of rights, while the regulation of fundamental rights had previously been left to the individual states. The Germans were now allowed to choose the head of state next to the Reichstag and involvement in politics through referenda. The history of science is in disagreement over whether and to what extent the Constitution had complicity in the destruction of the Republic in 1933. Officially, the Weimar Constitution was never abolished, but hollowed out by the Nazi legislation and constitutional reality.

After the Second World War, the Basic Law for the Federal Republic of Germany, which entered into force at the end of May 23, 1949,. Constitutional legislator was the Parliamentary Council in Bonn, the West German Landtag had elected 65 members. Parts were incorporated into the Basic Law from the Weimar Constitution of 1919. The design required the consent of the occupying powers. Since 1990, the Basic Law, the constitution for Germany as a whole (cf. Joint Constitutional Commission ).

Since the individual German states have their own state character and therefore member states (characterized by the state, to state power and territory), each province has its own individual (state ) constitution. However, this must be after the constitution the homogeneity bid " principles of a republican, democratic and social rule of law within the meaning of this Basic Law correspond " (Article 28 paragraph 1 sentence 1 of the Basic Law ). The fundamental rights or the principle of federalism in question changes the Basic Law itself be limited by the eternity clause ( Article 79 paragraph 3 of the Basic Law ).

Constitutions of the German states

  • Baden- Württemberg Baden- Württemberg: Constitution of the State of Baden- Württemberg
  • Bavaria Bavaria: Constitution of the Free State of Bavaria
  • Berlin Berlin: Constitution of Berlin
  • Ontario Ontario: the Brandenburg Constitution
  • Bremen: State Constitution of the Free Hanseatic City of Bremen
  • Hamburg: Constitution of the Free and Hanseatic City of Hamburg
  • Hesse Hesse: Constitution of the State of Hessen
  • Mecklenburg- Vorpommern, Mecklenburg -Vorpommern: Constitution of the Federal State of Mecklenburg -Vorpommern
  • North Rhine -Westphalia North Rhine -Westphalia Constitution for the state of North Rhine -Westphalia
  • Lower Saxony Lower Saxony Lower Saxony Constitution
  • Rhineland -Palatinate Rhineland -Palatinate: Constitution for Rhineland-Palatinate
  • Saarland Saarland: Constitution of the Saarland
  • Saxony: Constitution of the Free State of Saxony
  • Saxony- Anhalt Saxony- Anhalt: Constitution of the State of Saxony- Anhalt
  • Schleswig -Holstein Schleswig -Holstein: Constitution of the State of Schleswig- Holstein
  • Thuringia Thuringia: Constitution of the Free State of Thuringia

Austria

The Austrian Federal Constitution provides no single constitutional document are the major federal constitutional laws are:

  • Federal Constitution (B -VG)
  • Basic Law on the General Rights of Citizens ( Basic Law )
  • European Convention on Human Rights (ECHR )

Addition, there are numerous other laws or parts in the constitutional status ( constitutional law in the general sense ).

Constitutions of the Austrian provinces

  • Burgenland Burgenland Burgenland state constitution
  • Carinthia Carinthia: Carinthia state constitution
  • Lower Austria Lower Austria Lower Austrian Constitution
  • Upper Austria Upper Austria: Upper Austrian Provincial Constitution
  • Salzburg: Salzburg State Constitution
  • Styria: Styria state constitution
  • Tyrol Tyrol Tyrolean Provincial Regulations
  • Vorarlberg: Vorarlberg State Constitution
  • Vienna: Vienna city constitution

Switzerland

  • Switzerland Switzerland: Federal Constitution of the Swiss Confederation

Constitutions of the Swiss cantons

Article 51 § 1 of the Federal Constitution of the Swiss Confederation stipulates that " each canton [ ... ] a democratic constitution [ are ]. This requires the consent of the people and must be revised if the majority of the electorate demands it. "

To the individual constitutions, see each canton article.

Church constitutions

Especially in the cantons of eastern Switzerland municipal autonomy is traditionally high. The respective municipal organization enactments are municipal code, called in the cantons of Schaffhausen and the Grisons municipal constitution. The term " Municipal Code " means something else so in Switzerland than in Germany, where he refers to the state law in which the Church Body is regulated (see municipal regulations in Germany ).

Liechtenstein

  • Liechtenstein Liechtenstein: Constitution of the Principality of Liechtenstein

Belgium

  • Belgium: Constitution of the Kingdom of Belgium

Non- German -speaking countries of the European Union

  • Bulgaria: Bulgarian Constitution
  • Danemark Denmark: Denmark's Basic Law
  • Estonia: Estonian Constitution of 1992
  • Finland Finland: Constitution of Finland
  • France France: Constitution of the Fifth French Republic
  • Ireland Ireland: Constitution of Ireland
  • Italy Italy: Italian Constitution
  • Latvia Latvia: Latvia's Constitution
  • Lithuania Lithuania: Lithuanian Constitution
  • Netherlands Netherlands: Constitution of the Netherlands
  • Poland Poland: Polish Constitution
  • Portugal: Portugal's Constitution
  • Sweden Sweden: Constitution of Sweden
  • Slovakia Slovakia: Constitution of the Slovak Republic
  • Spain: Constitution of the Kingdom of Spain
  • Hungary Hungary: Basic Law of Hungary
  • United Kingdom United Kingdom: " Constitution of Great Britain and Northern Ireland "

Other constitutions

  • Albania Albania: Constitution of Albania
  • Azerbaijan: Azerbaijani Constitution
  • Australia: Constitution of Australia
  • Chile Chile: Chile's Constitution
  • People's Republic of China People's Republic of China: Constitution of the People 's Republic of China
  • Ghana Ghana: Ghana's Constitution
  • India India: Constitution of India
  • Iraq Iraq: Iraqi Constitution of 2005
  • Japan Japan: Japanese Constitution
  • Canada Canada: Constitution of Canada
  • Kazakhstan: Kazakh Constitution
  • Kosovo Kosovo: Kosovo Constitution
  • Namibia Namibia: Namibia's Constitution
  • Russia Russia: Russian Constitution
  • Somaliland Somaliland: Somaliland Constitution
  • Turkey Turkey: Constitution of the Republic of Turkey
  • Ukraine: Constitution of Ukraine
  • Vatican City Vatican City: Constitution of the Vatican City
  • United States United States: the United States Constitution
  • North Cyprus Turkish Republic of Northern Cyprus: Constitution of the Turkish Republic of Northern Cyprus
  • South Ossetia South Ossetia: Constitution of South Ossetia

Historical constitutions

Bavaria

  • Bavarian constitution of 1808
  • Constitution of the Kingdom of Bavaria in 1818
  • Bamberg Constitution of 1919

Baden

  • Baden Constitution of 1818

Hesse

  • Constitution of the Grand Duchy of Hesse from 1820
  • Kurhessische Constitution of 1831

Prussia

  • Prussian Constitution

German Bund

German Empire

  • Bismarckian Reich Constitution ( Constitution of the German Empire, 1871)
  • Weimar Constitution ( Constitution of the German Empire, 1919-1949 )

GDR

  • Constitution of the German Democratic Republic (1949, new 1968, revised 1974)

Austria

  • Pillersdorf Constitution
  • Oktroyierte March Constitution
  • February Patent
  • New Year's Eve patent
  • October Diploma
  • December Constitution for Cisleithania December 21, 1867; Austria - Hungary (1867-1918) had no constitutional
  • 1934 May Constitution of the Austro-fascist corporate state; see also: First Republic of Austria (1918-1938)

Swiss Confederation

  • The structure of the Federation of the Old Confederation before 1798
  • The first Helvetic Constitution of 1798
  • Set of Malmaison Constitution of 1801, Napoléon
  • The Second Helvetic Constitution of 1802

Other historical constitutions

  • First Bulgarian Constitution
  • First French Republic, French Second Republic, French Third Republic, French Fourth Republic, French Fifth Republic
  • Constitution Pylyp Orlyks
  • Constitution of Corsica 1755
  • First Polish Constitution, Third Republic of Poland
  • First Portuguese Republic
  • Imperial constitution of the Russian Empire
  • Constitutions of the USSR
  • Constitution of Cadiz (1812 ), Second Spanish Republic
  • Ottoman constitution, Turkish Constitution of 1921, Turkish Constitution of 1924 Turkish Constitution of 1961

Non-state constitutions

Documents of a constitutional nature to know many world religions; they are consistently older than the constitutions of modern states. An example is the codification of the Mosaic law under Ezra to the middle of the 5th century BC.

Under the slogan corporate government and businesses are switching over to give itself a constitution to primarily to provide greater transparency for shareholders and employees.

Duty Statute Verfassungsbeschwerde Federal Constitutional Court of Germany Constitutional review Treaties of the European Union Treaty on the Functioning of the European Union Frankfurt Parliament Parlamentarischer Rat Democracy Constitution of Hamburg Swiss Federal Constitution Municipality Constitution of Bulgaria Constitution of Lithuania Constitution of Hungary Constitution of Azerbaijan Constitution of Chile Constitution of the People's Republic of China Constitution of Ghana Constitution of Iraq Constitution of Japan Constitution of Kazakhstan Constitution of Pylyp Orlyk Corsican Constitution Russian Constitution of 1906 Brun-Otto Bryde Integrated Authority File
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