Legislature

The legislative branch (Latin: lex, law ' and ferre, bear ', of which the PPP latum worn ', nor legislative power ) is in the theory of the state in addition to the executive ( executive power ) and the judiciary (the Court ) one of the three independent powers. The Legislature is responsible for advising and adoption of laws (legislation ) in the substantive and formal sense, and for the control of the executive and the judiciary, in Austria it only controls the executive, the judiciary remains independent. In a representative democracy, parliamentary form the legislative body. In states with elements of direct democracy occurs in individual cases, the people acting as legislators (People's legislation).

Germany

In Germany, the legislature is so exercised:

  • At the federal level by the German Bundestag as a unicameral parliament, the Bundesrat as an organ of the Federation on the participation of countries, inter alia, to the federal legislation, and (if necessary ) the Joint Committee.
  • At the country level by the respective Land Parliament or (where the state constitution so provides ) by the electorate itself

The legislature is bound by the constitutional order.

The districts and municipalities level, there is no legislative prevailing opinion, as it is only RELATES to self-governing bodies within the national executive with the municipalities of total state legal point of view. Municipal councils according to this view, therefore, no parliaments; self-government bodies of the municipality are merely administrative bodies, where there is a lack of legislative powers. A key indication of this is in addition to the absence of the judiciary, the national legal requirement of a community order instead of a self-imposed constitution. The members of the institutions do not enjoy for MPs from parliaments constitutionally guaranteed protection of immunity and indemnity. The decisions of these organs may also be removed or replaced by the municipal supervision.

An increasingly on the rise located opposite opinion relies rather that not only quite commonly the communities as a " nucleus of the state " - and not as germ cells of the administration - are described, but especially Article 28 paragraph 1 sentence 2 of the Basic Law anordne, that " in the countries, counties and municipalities [ ... ] the people have a representation [ must ], which is chosen in general, direct, free, equal and secret elections." In this regulation, not only the counties and municipalities may be mentioned on the same level with the countries, but it is said that there are each the people must have a " representation ", which must be chosen according to the general election principles. The same provision, from which it follows that it is the countries not permitted state law to regulate the elections for the state legislatures, unlike general, direct, free, equal and secret, determined the choice rules for the People's representatives in the municipalities. There is no reason why it is the local councils another, namely no legislative should have competence than the state legislatures, which no one would deny the legislative function. The existence of municipal regulations as binding set of rules will not be allowed as a counter- evidence, as with the Basic Law as well the countries as to their state constitutions would be made. The scheme density of the municipal regulations is higher, but this is traditionally determined. Above all, there is also at the local level constitutions, namely in the form of the main statutes, which must give each municipality in each province to regulate their fundamental right. Finally, the existence of municipal supervision is not a reason for exclusion; limited - - Supervision provided by the federal government as one is also for the countries in Article 28, paragraph 3 of the Basic Law and in Article 37 of the Basic Law.

Switzerland

In Switzerland, the legislature is at the federal level of the United Federal Assembly, consisting of the National Council and Council of States. At the cantonal level, the cantonal forms ( called depending on the canton and the Grand Council or district ) legislative. The legislative power at the community level is the municipal assembly or Einwohnerrat ( depending on the municipality council also Grosser, Grosser City Council or General Council called ).

Austria

In Austria, the National Council and the Federal Council form the legislature at the federal level. At the state level is the legislative power of Parliament.

United States

As a federal state, the U.S. practice at the national level their legislative power by Congress (i.e. the parliament of the United States ) and at sub-national level by the parliaments of the individual federal states (→ State Legislature ). The procedure for the adoption of federal laws ( for whose issue by all of Congress ( is responsible, together with the U.S. president ) ) is enshrined in the U.S. Constitution; for the process under laws that fall within the jurisdiction of the State whose respective Constitution shall prevail.

Both the Congress and the state legislatures ( except that of Nebraska) feature two chambers.

United Kingdom

The legislative branch of the United Kingdom of Great Britain and Northern Ireland is exercised by the Parliament, which formally consists of three parts: crown, House of Lords and House of Commons.

European Union

Supranational legislative functions are exercised in the European Union by the Council of the European Union and the European Parliament. However, the European Commission comes through its right of initiative to a key competence, although the Commission is usually assigned to the executive.

France

In France, the National Assembly, together with the Senate the legislature. Both chambers have equal rights. In case of disagreement, however, the National Assembly to overrule the Senate. The Senate has a veto on constitutional amendments.

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