Basic LawLaw Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. for the Federal RepublicRepublic Res publica. Having a head of the state. Pope is the head of the Vatican City state. The people execute their power through an Elected (direct/indirect) President. Political parties sponsored their presidential candidates. Indian president is a constitutional puppet under the ruling Cabinet. In the case of the appointment of Indian judges, presidential power is a vanishing point. of Germany
Federal Law Gazette Part III, classification number 100-1.
Latest amendment by Article 1 of the Act of 28 March 2019 (Federal Law Gazette I p. 404).
Preamble
I. Basic Rights
Article 1[HumanHuman Ο άνθρωπος (Humanum> Homo sapiens) मानव:. We have failed to consider the minimum need to be a 'human'. For Christians, human beings are sinful creatures, who need some saviour. For Evolution biology a man is still evolving, for what, we don´t know. For Buddhist Nagarjuna, the realisation of having a human body is a mere mental illusion. We are not ready to accept that a human is a computer made of meat. For a slave master, a human person is another animal, his sons and daughters are his personal property.
dignity – Human rightsHuman Rights Legal and moral status of a human being against his competitors.
American Convention on Human Rights
Convention against Torture
European Convention for the Protection of Human Rights and Fundamental Freedoms
International Covenant on Civil and Political Rights
International Covenant on Economic, Social and Cultural Rights
UN Convention on the Rights of the Child
UN declaration on sexual orientation and gender identity
United States Bill of Rights
Universal Declaration of Human Rights
– Legally binding force of basic rights]
Article 2[Personal freedoms]
Article 3[Equality before the law]
Article 4[Freedom of faithFaith πίστει. and conscience]
Article 5[Freedom of expression, arts and sciences]
Article 6[Marriage – Family – Children]
Article 7[School system]
Article 8[Freedom of assembly]
Article 9[Freedom of association]
Article 10[Privacy of correspondence, posts and telecommunications]
Article 11[Freedom of movement]
Article 12[Occupational freedom]
Article 12a[Compulsory military and alternative civilian service]
Article 13[Inviolability of the home]
Article 14[Property – Inheritance – Expropriation]
Article 15[Nationalisation]
Article 16[Citizenship – Extradition]
Article 16a[Right of asylum]
Article 17[Right of petition]
Article 17a[Restriction of basic rights in specific instances]
Article 18[Forfeiture of basic rights]
Article 19[Restriction of basic rights – Legal remedies]
II. The Federation and the Länder
Article 20[Constitutional principles – Right of resistance]
Article 20a[Protection of the natural foundations of life and animals]
Article 21[Political parties]
Article 22[Federal capital – Federal flag]
Article 23[European Union – Protection of basic rights – Principle of subsidiarity]
Article 24[Transfer of sovereign powers – System of collective security]
Article 25[Primacy of international lawInternational law International law imposes legal responsibilities of States in their conduct with each other, and their treatment of individuals within State boundaries. It includes International trade, human rights, disarmament, international crime, refugees, migration, problems of nationality, the treatment of prisoners, use of force, and conduct of war, among others. Bentham in his Principles of International Law (1786–1789) envisaged that an international code, which should be based on a detailed application of his principle of utility to the relations between nations, would not fail to provide a scheme for an everlasting peace. Read: United Nations Charter]
Article 26[Securing international peacePeace εἰρήνη]
Article 27[Merchant fleet]
Article 28[Land constitutions – Autonomy of municipalities]
Article 29[New delimitation of the federal territory]
Article 30[Sovereign powers of the Länder]
Article 31[Supremacy of federal law]
Article 32[Foreign relations]
Article 33[Equal citizenship – Public service]
Article 34[Liability for violation of official duty]
Article 35[Legal and administrative assistance and assistance during disasters]
Article 36[Personnel of federal authorities]
Article 37[Federal execution]
III. The Bundestag
Article 38[Elections]
Article 39[Electoral term – Convening]
Article 40[Presidency – Rules of procedure]
Article 41[Scrutiny of elections]
Article 42[Public sittings – Majority decisions]
Article 43[Right to require presence, right of access and right to be heard]
Article 44[Committees of inquiry]
Article 45[Committee on the European Union]
Article 45a[Committees on Foreign Affairs and Defence]
Article 45b[Parliamentary Commissioner for the Armed Forces]
Article 45c[Petitions Committee]
Article 45dParliamentary Oversight Panel
Article 46[Immunities of Members]
Article 47[Right of refusal to give evidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved.
Bharatiya Sakshya (Second) Adhiniyam 2023
]
Article 48[Candidature – Protection of membership – Remuneration]
Article 49(repealed)
IV. The Bundesrat
Article 50[Functions]
Article 51[Composition – Weighted voting]
Article 52[President – Decisions – Rules of procedure]
Article 53[Attendance of members of the Federal Government]
IVa. The Joint Committee
Article 53a[Composition – Rules of procedure]
V. The Federal President
Article 54[Election – Term of office]
Article 55[Incompatibilities]
Article 56[Oath of office]
Article 57[Substitution]
Article 58[Countersignature]
Article 59[International representation of the Federation]
Article 59a(repealed)
Article 60[Appointment of civil servants – Pardon – Immunity]
Article 61[Impeachment before the Federal Constitutional CourtConstitutional Court A Constitutional Court is responsible for verifying compliance with the provisions of the Constitution. In its capacity as a “court of fundamental rights” and based on its powers to review laws and regulations for their constitutionality, it is called upon to enforce and secure the democratic order of the state under the rule of law.
All government bodies and other institutions fulfilling government functions are obliged to comply with the Constitution. In the event of an (alleged) infringement of the Constitution by any such body or institution, the Constitutional Court, established based on the Constitution, renders a final decision on the matter and, if necessary, provides for an appropriate remedy. Therefore, it is often referred to as the “guardian of the Constitution”.]
VI. The Federal Government
Article 62[Composition]
Article 63[Election of the Federal Chancellor]
Article 64[Appointment and dismissal of Federal Ministers – Oath of office]
Article 65[Power to determine policy guidelines – Department and collegiate responsibility]
Article 65a[Command of the Armed Forces]
Article 66[Incompatibilities]
Article 67[Vote of no confidence]
Article 68[Vote of confidence]
Article 69[Deputy Federal Chancellor – Term of office]
VII. Federal Legislation and Legislative Procedures
Article 70[Division of powers between the Federation and the Länder]
Article 71[Exclusive legislative power of the Federation]
Article 72[Concurrent legislative powers]
Article 73[Matters under exclusive legislative power of the Federation]
Article 74[Matters under concurrent legislative powers]
Article 74a(repealed)
Article 75(repealed)
Article 76[Bills]
Article 77[Legislative procedure – MediationMediation It includes a process (ICC Mediation Rule), whether referred to by the expression mediation, pre-litigation mediation, online mediation, community mediation, conciliation or an expression of similar import, whereby parties attempt to reach an amicable settlement of their dispute with the assistance of a third person referred to as mediator (Indian Law), who does not have the authority to impose a settlement upon the parties to the dispute. The process is private and confidential. The process ends when a settlement has, or has not, been reached. Read more Committee]
Article 78[Passage of federal laws]
Article 79[Amendment of the Basic Law]
Article 80[Issuance of statutory instruments]
Article 80a[State of tension]
Article 81[Legislative emergency]
Article 82[Certification – Promulgation – Entry into force]
VIII. The Execution of Federal Laws and the Federal Administration
Article 83[Execution by the Länder]
Article 84[Länder administration – Federal oversight]
Article 85[Execution by the Länder on federal commission]
Article 86[Federal administration]
Article 87[Matters]
Article 87a[Armed Forces]
Article 87b[Federal Defence Administration]
Article 87c[Production and utilisation of nuclear energy]
Article 87d[Air transport administration]
Article 87e[Rail transport administration]
Article 87f[Posts and telecommunications]
Article 88[The Federal Bank – The European Central Bank]
Article 89[Federal waterways – Administration of waterways]
Article 90[Federal roads and motorways]
Article 91[Internal emergency]
VIIIa. Joint Tasks
Article 91a[Joint tasks – Responsibility for expenditure]
Article 91b[Education programmes and promotion of research]
Article 91c[Information technology systems]
Article 91d[Comparison of performance]
Article 91e[Cooperation in respect of basic support for persons seeking employment]
IX. The JudiciaryJudiciary The modern justice system has its roots in Henry II's reign, where the assize system and common law were established. Professional judges and magistrates started to emerge in the 13th century, gradually increasing their independence. However, they faced challenges, including political involvement and potential influence by the sovereign. Changes to the judiciary system, such as the establishment of the Court of Chancery in 1830 and the Judicature Act in 1873, merged common law and equity, leading to the creation of the High Court, Court of Appeal, and Crown Court. Despite this evolution, the judiciary's full independence was not officially recognized until the Constitutional Reform Act in 2005.
Article 92[Court organisation]
Article 93[JurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. of the Federal Constitutional Court]
Article 94[Composition of the Federal Constitutional Court]
Article 95[Supreme federal courts]
Article 96[Other federal courts]
Article 97[Judicial independence]
Article 98[Legal status of judges – Impeachment]
Article 99[Constitutional disputes within a Land]
Article 100[Concrete judicial reviewJudicial Review It is a court process where a judge examines the legality of a decision made by a public body. It focuses on the decision-making process rather than the actual conclusion. The court does not replace the decision, but ensures the correct procedures were followed. If a decision was deemed incorrect, judicial review may not be the best option. Instead, appealing to a higher court could be an alternative solution. This process allows the public body to make the same decision lawfully.]
Article 101[Ban on extraordinary courts]
Article 102[Abolition of capital punishment]
Article 103[Fair trial]
Article 104[Deprivation of liberty]
X. Finance
Article 104a[Apportionment of expenditures – Financial system – Liability]
Article 104b[Financial assistance for investments]
Article 104c[Financial assistance for investments in municipal education infrastructure]
Article 104d[Financial assistance for investments in social housing]
Article 105[Distribution of powers regarding tax laws]
Article 106[Apportionment of tax revenue and yield of fiscal monopolies]
Article 106a[Federal grants for local public transport]
Article 106b[Länder share of motor vehicle tax]
Article 107[Distribution of tax revenue – Financial equalisation among the Länder – Supplementary grants]
Article 108[Financial administration of the Federation and the Länder – Financial courts]
Article 109[Budget management in the Federation and the Länder]
Article 109a[Budgetary emergencies]
Article 110[Federal budget]
Article 111[Interim budget management]
Article 112[Extrabudgetary expenditures]
Article 113[Increase of expenditures]
Article 114[Submission and auditing of accounts]
Article 115[Limits of borrowing]
Xa. State of Defence
Article 115a[Declaration of a state of defence]
Article 115b[Power of command of the Federal Chancellor]
Article 115c[Extension of the legislative powers of the Federation]
Article 115d[Urgent bills]
Article 115e[Joint Committee]
Article 115f[Use of Federal Border Police – Extended powers of instruction]
Article 115g[Federal Constitutional Court]
Article 115h[Expiry of electoral terms and terms of office]
Article 115i[Powers of the Land governments]
Article 115k[Rank and duration of emergency provisions]
Article 115l[Repeal of emergency measures – Conclusion of peace]
XI. Transitional and Concluding Provisions
Article 116[Definition of “German” – Restoration of citizenship]
Article 117[Suspended entry into force of two basic rights]
Article 118[New delimitation of Baden and Württemberg]
Article 118a[New delimitation of Berlin and Brandenburg]
Article 119[Refugees and expellees]
Article 120[Occupation costsCosts Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or costs. – Burdens resulting from the war]
Article 120a[Equalisation of burdens]
Article 121[Definition of “majority of the members”]
Article 122[Date of transmission of legislative powers]
Article 123[Continued applicability of pre-existing law]
Article 124[Continued applicability of law within the scope of exclusive legislative power]
Article 125[Continued applicability of law within the scope of concurrent legislative power]
Article 125a[Continued applicability of federal law – Replacement by Land law]
Article 125b[Continued applicability of framework laws – Deviation power of the Länder]
Article 125c[Continued applicability of law within the scope of joint tasks]
Article 126[Determination about continued applicability of law as federal law]
Article 127[Extension of law to the French zone and to Berlin]
Article 128[Continued authority to issue instructions]
Article 129[Continued authority to issue legal acts]
Article 130[Transfer of existing administrative institutions]
Article 131[Persons formerly in the public service]
Article 132[Retirement of civil servants]
Article 133[Succession to the Administration of the Combined Economic Area]
Article 134[Succession to Reich assets]
Article 135[Assets in case of territorial changes between the Länder]
Article 135a[Old debts]
Article 136[First convening of the Bundesrat]
Article 137[Right of state employees to stand for election]
Article 138[South German notaries]
Article 139[Continued applicability of denazification provisions]
Article 140[Law of religious denominations]
Article 141[“Bremen Clause”]
Article 142[Reservation in favour of basic rights in Land constitutions]
Article 142a(repealed)
Article 143[Duration of derogations from the Basic Law]
Article 143a[Exclusive legislative power concerning federal railways]
Article 143b[Transformation of the Deutsche Bundespost]
Article 143c[Compensation for the cessation of joint tasks]
Article 143d[Transitional provisions relating to consolidation assistance]
Article 143e[Federal motorways, transformation of commissioned administration]
Article 143f[Financial relations within the federal system of government]
Article 143g[Continued applicability of Article 107]
Article 144[Ratification of the Basic Law – Berlin]
Article 145[Entry into force of the Basic Law]
Article 146[Duration of the Basic Law]