Issue 14 (2020)

The constitutional legal order of constitutionalism - on the relationship between constitutional and statutory law in the constitutional state

Abstract: The Constitution of a state is meant to be the basis of the organisation of the state and the status of citizens within the state. To guarantee the rule of law and constitutional freedom, it has to be realized within the legal order on the levels of legislation, administration and jurisdiction. This refers above all to the fundamental rights, as says the Constitution of the Federal Republic (Groundsheet – basic law) in Art. 1 „(3) The following basic rights shall bind the legislature, the executive and the judiciary as directly applicable law.“ The values of the constitution have to be realized within the legal order and legal practice. Those who apply law in the every day practice, must be conscious of these values. The fundamental human rights of the constitution, as freedom of speech, right of privacy, right of property must be observed in civil law was well as in penal law and public law. This can be exemplify ed by famous cases decided by the Constitutional Court, the Federal Constitutional Court. To a large extent, the success of the Groundsheet, its broad acceptance is owed to the Court. To establish democracy and the rule of law, this acceptance of the Constitution is essential.

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