Constitutional law as part of public law includes the regulations that affect the organization of the state and fundamental rights in Germany.
Constitutional law
As the fundamental basic order of the Federal Republic of Germany, the constitution stands at the top of the hierarchy of norms and therefore takes precedence over all other laws. The constitution and constitutional law in Germany are standardized, particularly in the Basic Law (GG). Due to the federal structure of the German state, each federal state also has its own constitution.
On the one hand, constitutional law regulates the state structure and organization. The organization of the state concerns the structure of the state and its organs as well as the legal relationships between the state organs. In constitutional law, the constitutional bodies primarily include the Bundestag, Bundesrat, Federal Government, Federal President and the Federal Constitutional Court. Constitutional law also regulates the elementary structural principles of the state, which are of such great importance that they cannot be repealed or changed by the legislature (Art. 79 Para. 3 GG).
Zu den elementaren Staatstrukturprinzipien gehören im Verfassungsrecht:
- Rule of law principle
- Democracy principle
- Republic
- Federal state (federalism)
- welfare state
Abschluss
On the other hand, constitutional law regulates the relationship between the state and its citizens (fundamental rights). The fundamental rights are regulated in Articles 1 to 20 of the Basic Law. In constitutional law, they are understood in particular as citizens’ rights to defend themselves against state intervention. The starting point for all fundamental rights is human dignity in Article 1 of the Basic Law, which is substantiated by the other fundamental rights and is always the limit of state intervention in constitutional law.
On the following pages we will try to provide you with as much information as possible about constitutional law
We also recommend the following pages on the subject of constitutional law: