The legislation is the creation of legal norms
Your scheme is part of the minimum content of each ConstitutionIt is the responsibility in a parliamentary democracy, especially the Parliament, as the legislative authority of the state. In addition to these acts of Parliament, which are also referred to as"laws in the formal sense", but there are also sub-legislative legal norms, such as regulations and statutes, which are enacted by administrative bodies. Here is the question of the organ of expertise, so when the administration should be, and when, by an act of Parliament is required (subject to Act).
Typically, it is provided a special legislative procedure
In a Federal state, but must be in addition to the organ's competence is still a further question to be clarified. Here are several levels of government exist, so that needs to be defined, which of these associations should be responsible for making the laws (Association of competence). The thus generated legal norms are performed by the competent administration (see administrative competence), and, where appropriate, through the case law controlled. In Germany, the Federal legislative process in the basic law is regulated. It is exercised primarily through the Bundestag. However, the Federal Council, the Federal government and finally the Federal President are involved. The legislative competence referred to the right and the ability to adopt laws in the formal sense of the term (acts of Parliament). The delimitation to the Association the competence of the Länder, the basic law takes up the General rule of article GG: According to the Constitution, the Länder have the right of To legislate insofar as the basic law has not transferred to the Confederation (art. The countries competencies are therefore not listed individually. Include your core area, in particular the police law, the municipal law and the field of education and culture ("cultural sovereignty of the Länder"). Contrary to this control, after the software, the countries are, conversely, due to numerous exemptions and a Federal-friendly jurisprudence of the Federal constitutional court in the course of time, the practical relationship, to the detriment of the country. The federalism reform, wanted to respond.
The Federal government is, in principle, only responsible when it is expressly provided for in the Constitution.
The control technology of the basic law - the country's competence, unless otherwise expressly provided - excludes unwritten Federal competences. Pursuant to § BVerfGG, the Federal constitutional court is a negative legislative power, in the cases in which This is Federal law with the basic law or land law with the basic law or other Federal law: the notes with the force of law, its invalidity. Also, the statement that the necessity of a Federal regulation no longer exists (art, Para. GG) is replaced by the Federal law. In the seventh section of the basic law regulated the legislative procedure is the responsibility of the Bundestag, as the legislation is concerned the most important Organ of the Legislative. Federal government, Federal Council and members of the Bundestag (at least five percent or a fraction) have the right of initiative, i.e. the right to introduce a new law or a law for the Amendment or repeal of another law than the bill to a vote in the Bundestag. The Bundestag debates the laws that fall under the basic law, in its area of competence (and not a matter for the countries), in three readings. Due to the Federal system in Germany, which are Länder in the Bundesrat in the legislative process, and all the laws are submitted to this body for a vote. This can - depending on the nature of the act - a draft after the unsuccessful call of the conciliation Committee fail. A law has passed the Bundestag and the Bundesrat, the basic law, the rules of procedure of the German Bundestag and rules of procedure of the Federal Council, regulated process, it will be sent in printed form to the competent Federal Ministry and to the counter-signature of the Chancellor before being submitted to the Federal President. This has to check, whether the submitted law is in conformity with the Constitution and whether it is the Constitution. Finally, the Federal President signed the law, it is manufactures. After that, it will be announced in the Federal law Gazette formally specifying the day of entry into force (article of the basic law).
The The legislator is bound in its decisions on the Constitution (art, Para.
Therefore, he has to note the content of certain norms of the Constitution, about the rule of law or national objective rules. In particular, he must observe the fundamental rights, it is allowed to restrict by law, but not to hurt. Otherwise, the law is unconstitutional and void, i.e. The nullity can only be made by the Federal constitutional court found (Reject). However, the German President will be awarded a test of competence, after which he will deny in the case of formal errors or obvious breaking of the Constitution by the act of its signing, and the law, therefore, is not effective can be (signing and verification of laws by the Federal President).
