The Basic Law of the Federal Republic of Germany (German: Grundgesetz f ü r die Bundesrepublik Deutschland, abbreviation: GG), also known as the Bonn Constitution, was promulgated on May 23, 1949. In addition to the preamble, there are 146 articles and 11 chapters in total. The preamble declares that the law is not a formal constitution, but a "basic law" formulated "to establish a new order of national life during the transition period",And in the last article, its term of validity ends on the date when Germany's reunification and adoption of the formal constitution come into force.Inherited《Weimarer Verfassung 》Some principles and contents of.
The Basic Law stipulates the establishment of a federal republic. The federal law is superior to the laws of the states. The constitutions of the states must comply with the principles of the Basic Law.The President, as the head of state, is elected by the Federal Assembly for a term of five years, and can only serve one consecutive term. He represents the Federation externally. The issuance of orders and the conclusion of major treaties can only come into force with the consent of the Federal Prime Minister and the deputies of the competent authorities.The Federal Parliament consists of the Federal House and the Federal Senate.Among them, the Federal Parliament, which is composed of members elected by citizens, enjoys greater power, has certain decision-making power in federal legislation, and elects the Federal Prime Minister, who has the right to express distrust of the Federal Prime Minister and veto proposals that the Prime Minister requests to express confidence.The federal government consists of the Federal Prime Minister and the ministers of the federal ministries.
The Basic Law stipulates thatcitizenFundamental rights, with particular emphasis onhuman rightsIt is the foundation of peace and justice. No one should be forced to serve with weapons against his conscience. Women should not be employed or forced to serve in the armed forces. Therefore, it is called the Peace Constitution.[1]
German Basic LawIt was adopted on May 23, 1949 and came into force the next day, May 24, 1949, marking thatFederal Republic of GermanyEstablishment of.After several revisions, the last revision was made on July 11, 2012 and took effect on July 17, 2012.
The German Basic Law is the cornerstone of the law and politics of the Federal Republic of Germany.In particular, the fundamental rights contained therein are due tonaziThe experience of Germany is particularly important.federal constitutionAs an independent constitutional institution, the court guarantees these basic rights, maintains the national political organization system, and improves and develops them.
German Constitutional Court
In 1949, the German Basic Law only came into force in the western occupied areas, and it was not intended to be a long-term effective constitution at the beginning, because the Senate of the Congress (the Parlamaterischer Rat, composed of the governors of 11 states in the western occupied areas) believed that the Soviet occupied areas would soon be merged with the western occupied areas.So until October 3, 1990Unification of Germany and GermanyafterGerman Basic LawIt became the Constitution of Germany.Although the German Basic Law was not directly voted by the German people, its democratic legitimacy is not questioned internationally.And the Basic Law was consistent with the basic political principles of the country from the very beginningSubstantive constitutionalismConcept requirements.These basic political principles are: democracy,republic(Republik), social welfare state (Sozialstaat), federal state (Bundesstaat) and substantiverule by lawRechtsstaat principle.Except theseNational political lifeThe Basic Law also stipulates the state institutions to guaranteePersonal freedomAnd established an objectivevalue system 。
Full text of the Constitution
Announce
edit
preface
We, the German people, recognize our responsibility to God and mankind, and are willing to contribute to world peace as an equal in Europe. We have the constitutional power to formulate this Basic Law.
I Baden WuerttembergBavariaThe German people of Berlin, Brandenburg, Bremen, Hamburg, Hessen, Mecklenburg former Pomory, Lower Saxony, North Rhine Westphalia, Rhineland Pfalz, Sallan, Saxony, Saxen Anhalt, Schleswig Holstein and Thuringia completed the unification and freedom of Germany according to their free decisions.Therefore, this Basic Law applies to all the German people.
Chapter I Basic Rights
Article 1
1、 Human dignity is inviolable. It is the duty of all state organs to respect and protect this dignity.
2、 Therefore, the German people recognize the inviolable and inalienable human rights as the foundation of all human societies and world peace and justice.
3、 The following basic rights are directly effective rights binding on legislation, administration and justice.
Article 2
1、 Everyone has the right to develop his personality freely, provided that he does not infringe upon the rights of others or violate the constitutional order or moral norms.
2、 Everyone has the inviolable right to life and body.Personal freedom is inviolable.Such rights can only be interfered with in accordance with the law.
Article 3
1、 Everyone is equal before the law.
2、 Men and women have equal rights. The State shall promote the practical implementation of equality between men and women and strive to eliminate existing discrimination.
3、 No one shall be discriminated against or privileged by reason of sex, origin, race, language, place of origin, descent, belief, religion or political opinion.No one shall be discriminated against because of his disability.
Article 4
1、 Freedom of belief and conscience and freedom of expression of religion and worldview are inviolable.
2、 Religious ceremonies should be protected from hindrance.
3、 No one shall be forced to serve war services against his conscience, and the detailed rules shall be prescribed by federal law.
Article 5
1、 Everyone has the right to freely express and disseminate his opinions in language, words and pictures, and the right to receive knowledge from generally open sources without hindrance.Freedom of publication and freedom of radio and film reporting shall be guaranteed.The inspection system shall not be set.
2、 These rights may be restricted in accordance with the provisions of general laws, laws and regulations for the protection of juveniles, and the rights of personal reputation.
3、 Art and science, research and lecturing belong to freedom, and lecturing freedom cannot exempt from loyalty to the Constitution.
Article 6
1、 Marriage and family should be protected by the state.
2、 The natural right of parents to raise and educate their children is also their supreme obligation, and their exercise should be subject to the supervision of the state.
3、 However, only when the person with the right to nurture cannot fulfill his or her obligation to nurture, or when the child is in danger of being abandoned for other reasons, can he or she break the will of the right to nurture and separate the child from the family according to law.
4、 All mothers have the right to request social protection and care.
5、 The physical and mental development and social status of children born out of wedlock should be given the same conditions by legislation as those of children born in wedlock.
Article 7
1、 The whole educational system should be supervised by the state.
2、 The right holders of children's education have the right to decide whether their children receive religious education.
IIIreligious education It is a part of the curriculum of public schools, except schools without religious beliefs.Religious education may be taught in accordance with the teachings of religious organizations, without prejudice to the State's right of supervision. Teachers shall not bear the obligation of religious education against their will.
4、 The right to establish private schools should be guaranteed.Where private schools replace public schools, they shall obtain the permission of the state and obey the laws of various states.Private schools should be allowed to be established if their educational purpose and equipment and academic training of teaching staff are no less than those of public schools, and students are not differentiated by their parents' property.If the economic and legal status of the instructors is not fully guaranteed, they shall not be permitted.
5、 A private national school may be established only when the educational administrative authority recognizes that its establishment has special teaching interests, or when the right holder of children's education requests it to be used as a public school, religious training or ideal practice school in a township, and there is no such public national school in that township.
6、 Advanced schools are prohibited.
Article 8
1、 All Germans have the right to assemble peacefully and without weapons without prior report or permission.
2、 The right to open assembly may be limited by legislation or according to law.
Article 9
1、 All Germans have the right of association.
2、 The purpose of association or its activities shall be prohibited if they conflict with the criminal law or violate the constitutional order or international understanding.
3、 The protection and promotion of the right of association in labour and economic conditions shall guarantee that everyone and any occupation can enjoy it.Any agreement limiting or hindering this right for the purpose is invalid;The measures taken for this purpose are illegal.The main purpose of the measures taken under Article 12-1, Article 35-2, Paragraph 3, Article 87-1, Paragraph 4, and Article 91 is not
The labor movement may be conducted in violation of the association protection and promotion of labor and economic conditions referred to in this paragraph.
Article 10
1、 The secrets of correspondence, mail and telecommunications are inviolable.
2、 The restrictions in the preceding paragraph may only be imposed in accordance with the law.If the restriction is to protect the basic principle of freedom and democracy, or to protect the existence or security of the states of the Union, the law may provide that the relevant persons are not required to be notified of such restrictions, and the approval made by the Congress or the auxiliary organ shall replace the dispute.
Article 11
1、 All Germans enjoy freedom of movement within the federal territory.
2、 This right may be restricted by law only when it is necessary to prevent the existence of the federation or states or the danger posed by the basic principles of freedom and democracy, or to prevent epidemics, natural disasters or major unfortunate events, or to protect juveniles from abandonment, or to prevent crime, when the public is particularly burdened by the lack of a sufficient basis for survival.
Article 12
1、 All Germans have the right to freely choose their occupation, work place and training place, and the execution of occupation may be governed by law.
2、 No one may be forced to do a specific job, except for the compulsory public service which is customarily general and all people participate equally.
3、 Forced labour may only be permitted if it is deprived of liberty by a court decision.
Article 12-1
1、 From the age of 18, men have the obligation to serve in the military, the Federal Border Guard or civil defense organizations.
2、 Anyone who refuses to serve in the armed war on conscience grounds may serve instead of serving.The term of military service shall not exceed the term of military service. The detailed rules shall be prescribed by law. The law shall not hinder the freedom of conscience, and shall provide for the opportunity to substitute service unrelated to the military and the Federal Border Guard.
3、 A person who is required to perform military service but is not subject to any of the duties mentioned in paragraphs 1 and 2 of the First and Second Conquest may, in the case of defense, perform civil services for defense purposes in accordance with the law, including the protection of civilians;As for the public law service, it is limited to the police guard service or the public administrative affairs that can only be completed by public law service.The work referred to in the first paragraph of this paragraph may be a supply service similar to public administration in the armed forces;As for being assigned to the work of supplying civilians, they can only be allowed when they are urgently needed in life or to ensure their safety.
4、 In the event of a defense incident, if the need for civil health and medical services, as well as the need for civil services in military medical organizations at fixed locations, cannot be met by voluntary means, women between the ages of eighteen and fifty-five may be subjugated to do such services according to law, (but) they must not be imposed with the obligation to engage in armed services.
5、 Before the occurrence of a defense event, the service referred to in the third paragraph may only be performed in accordance with the criteria set forth in the first paragraph of Article 80-1.When special knowledge and skills are needed to prepare for the duties referred to in the third paragraph, compulsory participation in training activities may be carried out according to law, but the provisions of the first paragraph of this paragraph shall not apply.
6、 At the time of the defense event, if the labor force within the scope mentioned in the second paragraph of the third paragraph cannot be provided voluntarily, the freedom, business execution or workplace of the German people may be restricted according to law to ensure the need.The provisions of the first paragraph of paragraph 5 shall apply prior to the occurrence of a defense event.
Article 13
1、 The domicile shall not be violated.
2、 The search can only be carried out by order of a judge, or in case of emergency danger, by order of other statutory authorities, and the execution shall be subject to legal procedures.
3、 If it is suspected that someone has committed a specific felony specified in the law according to the facts, but it is impossible or difficult to find out the facts by other methods, in order to pursue a crime, the residence of the suspected criminal suspect may be monitored with equipment according to the order of the court.There should be a time limit for the monitoring measures.The aforesaid court order shall be decided by a collegial panel composed of three judges.In case of emergency, a judge may also make a ruling.
4、 In order to prevent the emergency danger of public safety, especially the public danger or life danger, only according to the order of the court can the equipment monitor the residence.In case of urgent circumstances, it may also follow the order of other statutory authorities;However, the ruling of the court shall be corrected immediately.
5、 If supervision is conducted only for the purpose of protecting the persons assigned to the residence to perform tasks, it may be ordered by the authority according to law.In addition, the information thus obtained can only be used for the purpose of criminal prosecution or prevention of danger, provided that the legality of supervision is confirmed by the court first;In case of urgent circumstances, the ruling of the court shall be corrected immediately.
6、 The Federal Government shall report annually to the Federal Parliament on the implementation of supervision in accordance with the provisions of the preceding three paragraphs.The Federal Parliament elects a committee to carry out parliamentary supervision on the basis of the report.The states shall be under the same parliamentary supervision.
7、 Except for the above circumstances, no intervention or restriction is allowed except to prevent public danger or personal life danger, or to prevent emergency danger of public safety and order according to law, especially to relieve housing shortage, extinguish infectious diseases, or protect young people who are at risk.
Article 14
1、 Property rights and inheritance rights shall be protected, and their contents and restrictions shall be prescribed by law.
2、 Property rights are obligatory.The exercise of property rights should be beneficial to public welfare at the same time.
3、 The expropriation of property must be for public welfare.Its enforcement must be carried out in accordance with the law, which should specify the nature and scope of compensation.The decision of compensation should balance the public interest and the interests of related parties.If there is a dispute over the scope of compensation, an action may be brought in an ordinary court.
Article 15
Land and real estate, natural resources and production tools may be transferred to public property or other forms of public economy by law for the purpose of socialization. Such law shall specify the nature and scope of compensation.With regard to compensation, the third and fourth paragraphs of paragraph 3 of Article 14 of the Basic Law shall apply.
Article 16
1、 The German people shall not be deprived of their nationality.The loss of nationality shall be in accordance with the law. If it is against the will of the party concerned, it shall be limited to the extent that he does not become stateless as a result.
2、 The German people may not be extradited to a foreign country. Under the principle of rule of law, extradition to EU member states or international courts may be stipulated by law.
Article 16-1
1、 The victims of political persecution enjoy the right of asylum.
2、 A person who enters the country from a member State of the European Community or from a third country to which the Treaty guaranteeing the legal status of refugees or the European Convention on Human Rights applies may not claim the rights set forth in the first paragraph.Except for the member states of the European Community, the countries that meet the requirements specified in the first sentence shall be determined by laws that require the consent of the Federal Senate.Under the circumstances specified in the first sentence, the measures to terminate residence shall not be prescribed by law.Under the circumstances specified in the first sentence, the measures to terminate residence shall not be suspended because of the legal remedy.
3、 A country that, based on its legal status, application of law and general political relations, shows that it can protect its people from political persecution and inhuman or insulting punishment or disposal may be prescribed by law with the consent of the Federal Senate.Foreigners entering such countries are presumed not to be persecuted, unless they cite the fact that they are indeed persecuted by politics.
4、 In the circumstances specified in the third paragraph and where the application for asylum is manifestly groundless, the execution of the termination of detention measures may be suspended by the court only when there is obvious doubt about the legality of such measures;The scope of the review may be limited and subsequent requests shall not be considered.The details are prescribed by law.
5、 The international treaties concluded between the member states of the European Community and a third country are the treaties on refugee law and the European Convention on Human Rights that should be applied in the contracting states, and the provisions of paragraphs 1 to 4 of the international treaties that provide for the mutual recognition of jurisdiction over the examination of asylum applications and asylum decisions shall not conflict with them.
Article 17
The people have the right to submit a petition or petition to the governing body and the public opinion representative office, either individually or jointly with others.
Article 17-1
1、 The law on military service and substitute service may stipulate that the basic right of the military and its substitute service personnel to freely express and disseminate their opinions in language, words and pictures (Article 5, Paragraph 1), the basic right of freedom of assembly (Article 8), and the right to petition (Article 17) shall be restricted during their service or substitute service,However, they may be allowed to submit petitions and appeals jointly with others.
2、 Laws relating to national defense and the protection of civilians may provide for limiting the fundamental rights of migrants (Article 11) and the inviolability of residences (Article 13).
Article 18
Anyone who abuses freedom of expression, especially freedom of the press (Article 5, paragraph 1), freedom of lecturing (Article 5, paragraph 3), freedom of assembly (Article 8), freedom of association (Article 9), letters, mail and telecommunications secrets (Article 10), property rights (Article 14), or the right of protection (Article 16-1) to attack the basic order of freedom and democracy,These fundamental rights should be denied.The deprivation of these rights and their scope shall be declared by the Federal Constitutional Court.
Article 19
1、 Where fundamental rights can be restricted by law in accordance with the provisions of this Basic Law, the law shall be of a general nature and shall not only apply to specific events. In addition, the law shall specifically list its provisions to indicate the fundamental rights it restricts.
2、 The essence of fundamental rights must not be violated.
3、 Fundamental rights also apply to domestic legal persons, but only to the extent that they can be applied according to their nature.
4、 Any person whose rights are infringed by the official may bring a lawsuit.If there is no other competent authority, a suit may be brought in an ordinary court, but the latter paragraph of Paragraph 2 of Article 10 shall not be affected thereby.
Chapter II Federation and States
Article 20
1、 The Federal Republic of Germany is a democratic and social federal state.
2、 All state power comes from the people.State power is exercised by the people through elections and referendums, and by separate legislative, executive, and judicial organs.
3、 Legislative power should be restricted by the Constitution, and executive power and judicial power should be restricted by legislative power and law.
4、 Any German who is engaged in eliminating the above order has the right to resist if there is no other remedy.
Article 20.1
For future generations, the state is responsible for ensuring the natural living environment within the scope of constitutional order through legislation, administration and justice in accordance with laws and regulations.
Article 21
1、 Political parties should participate in the formation of people's political opinions.Political parties are free to form.Its internal organization must conform to democratic principles.A political party shall publicly state the source and use of its funds and property.
2、 A political party is unconstitutional if, according to its purpose and the actions of its members, it intends to damage or abolish the basic order of freedom and democracy or to endanger the existence of the Federal Republic of Germany.The Federal Constitutional Court shall decide whether or not it is unconstitutional.
3、 The detailed rules are prescribed by federal legislation.
Article 22
The national flag of the Federation is black, red and gold.
Article 23
1、 The German Republic participates in the development of the European Union in order to realize the union of Europe. The European Union takes democracy, the rule of law, social and federal principles and the principle of complementarity as its obligations, and provides basic rights protection equivalent to this Basic Law.The Federation may entrust sovereignty to this matter in accordance with the law that must be approved by the Senate of the Federation.The provisions of the second and third paragraphs of Article 79 of the Basic Law shall apply mutatis mutandis to the establishment of the European Union and the amendment of its treaty basis and equivalent provisions, and this Basic Law shall be modified or supplemented, or may be modified or supplemented, according to the contents of these provisions.
2、 Participation of the Federal Parliament in European Union affairs;States participate in European Union affairs through the Federal Senate.The federal government should report widely and as soon as possible to the European Parliament and the Federal Senate.
3、 The Federal Government should give the Federal Parliament an opportunity to express its views before participating in European Union legislation.The Federal Government shall take into account the views of the Federal Parliament when conducting consultations.The details are prescribed by law.
4、 If the Federal Senate participates in relevant domestic measures or states have jurisdiction over it, the formation of the federal will shall be subject to the participation of the Federal Senate.
5、 The federal government shall consider the opinions of the Federal Senate when the field of federal exclusive legislation involves the interests of states or other situations where the Federation has legislative power.If the focus of the matter involves the legislative power of each state, the establishment of its organs or its administrative procedures, the formation of the federal will within this scope shall give decisive consideration to the opinions of the Federal Senate;The responsibility of the federal state as a whole shall be maintained here.Matters that will cause the federal government to increase expenditure and reduce income shall be approved by the federal government.
6、 The Republic of Germany is responsible for the implementation of laws in accordance with its status as a member state of the European Union. If the focus of the matter involves the exclusive legislative power of each state, it shall be transferred by the Federation to the representatives of each state designated by the Federal Senate.The implementation of such laws requires the participation and voting of the federal government;The responsibility of the Federal State as a whole shall be upheld here.
7、 The detailed rules for the implementation of paragraphs 4 to 6 shall be prescribed by laws that require the consent of the Federal Senate.
Article 24
1、 The Federation can legislate the transfer of sovereignty to international organizations.
1. Within the limits of their authority to exercise state power and perform state tasks, states may, with the consent of the federal government, entrust sovereignty to neighboring international organizations.
2、 In order to maintain peace, the Federation may join the collective security system of mutual protection;To this end, the Federation may agree to limit its sovereignty in order to establish and ensure a lasting peace order between Europe and the countries of the world.
3、 In order to settle international disputes, the Federation may join the universal, general and mandatory international arbitration agreement.
Article 25
The general rules of international law form part of federal law.The effect of these provisions is in law, and the rights and obligations of residents in the federal territory directly arise.
Article 26
1、 Any act that disturbs the peaceful and common life of the international community, or acts aimed at disrupting the peaceful and common life of the international community, especially the preparation for launching a war of aggression, is unconstitutional.Such acts shall be punishable.
2、 The manufacture, transportation or trade of weapons for war use must be approved by the federal government.The detailed rules shall be prescribed by federal law.
Article 27
All German merchant ships form a unified merchant fleet.
Article 28
1、 The constitutional order of each state shall conform to the principles of republicanism, democracy and social rule of law as stipulated in this Basic Law.Each state, county, city and township people shall have its own representative office elected by ordinary, direct, free, equal and secret elections.In the election of counties, cities and towns, persons with the nationality of a member state of the European Community also have the right to vote in accordance with the provisions of the European Community Law
The right to be elected.In villages and towns, township people's congresses can replace representative offices.
2、 The right of each township to handle all affairs of local organizations within the statutory limits shall be guaranteed.Each township joint district shall enjoy the right of autonomy in accordance with the law within its statutory functions and powers.The guarantee of autonomy should include the basis of financial autonomy;Each township has the right to tax rate on the tax source with economic effect, which is the basis of financial autonomy.
3、 The Federation has the obligation to make the constitutional order of each state conform to the basic rights and the provisions of paragraphs 1 and 2.
Article 29
1、 In order to ensure that the states can effectively perform their tasks according to their size and production capacity, the federal territory has to be readjusted.The readjustment of the federal territory should take into account the local unity, historical and cultural ties, economic purpose and land planning needs.
2、 The issuance of measures to readjust the federal sphere shall be in accordance with federal laws that require citizen review.Relevant states make statements.
3、 A referendum is held in each state (relevant states) in which the territory or part of the territory is divided by the state to form a new state or to form a new territory.The referendum shall vote on whether the relevant states maintain the status quo or form a new state or redefine the territory.If the majority of all the fields or parts of the fields in the future or the relevant state fields or parts of the fields in which the state membership will be changed are in favor of the change, the new state or the state with newly demarcated fields will be formed.If the majority of the relevant states oppose the change in the field of one state, it is not passed;However, if a two-thirds majority of a part of the fields decides to change their nationality, except that a two-thirds majority of all the fields oppose the change, the original referendum against the change is not binding on them.
4、 In a certain range of related immigrants and economic zones that are scattered across several states and have a population of more than one million, if one tenth of the electors of the Federal Assembly voted to require that the whole region should have a unified state nationality, the federal law should be used to decide within two years whether to change the state nationality in accordance with the provisions of the second paragraph, or hold a public opinion poll in the relevant states.
5、 This opinion poll should be based on whether or not to agree to the proposed change of citizenship in the Act.The Act may propose different but no more than two opinion poll proposals.The majority of those who agree to change their nationality shall decide whether to change their nationality according to the second paragraph of the federal law within two years.If the proposal put forward by the public opinion poll is approved in accordance with the provisions of the third sentence and the fourth sentence of the third paragraph, the federal law establishing the proposed new state shall be promulgated within two years after the public opinion poll, and such federal law shall not be subject to citizen referendum.
6、 The majority of the votes in the referendums and public opinion polls shall be the majority, provided that one fourth of the electors of the Federal Parliament are eligible for election.The remaining details of referendums, referendums and opinion polls shall be prescribed by federal law;This law may stipulate that the referendum shall not be held repeatedly within five years.
7、 Other changes in the territory of each state may be made by the relevant states in accordance with the state treaties, or where the population in the territory of changing state nationality does not exceed 50000, such changes may be made in accordance with federal laws that require the consent of the Federal Senate.The details shall be determined by the federal laws that require the consent of the majority of the members of the Federal Senate and the Federal Parliament.The law shall stipulate that the opinions of relevant towns, counties and cities must be presented.
8、 The readjustment of each state's territory or part of its territory may be stipulated by the state treaty instead of the provisions of paragraphs 2 to 7.Relevant towns, counties and cities may state their opinions.The state deed shall be re executed by citizens in any relevant state.If the state contract involves part of the territory of each state, the citizen referendum may be held only in this part of the territory;The provisions in the second half of the fifth sentence are inappropriate
Use it.A referendum shall be decided by a majority of the votes cast, provided that one fourth of the electors of the Federal Assembly are entitled to vote;The details are prescribed by federal law.The state contract is subject to the consent of the Federal Parliament.
Article 30
The exercise of state power and the performance of state duties are the affairs of each state, but only to the extent not otherwise provided for or permitted by this Basic Law.
Article 31
Federal law prevails over state law.
Article 32
1、 The maintenance of foreign relations is a federal matter.
2、 For treaties involving special circumstances of a state, the state shall be consulted as early as possible before conclusion.
3、 States may conclude treaties with foreign countries within their legislative competence and with the approval of the federal government.
Article 33
1、 All German people have equal civil rights and obligations in all states.
2、 All German people should have the same right to hold public office with their appropriate ability and professional achievements.
3、 The enjoyment of municipal civil rights and civil rights, the right to hold public office and the rights obtained from holding public office have nothing to do with religious beliefs.No one shall be discriminated against on the basis of his belief or non belief in a particular religion or philosophy.
4、 Under normal circumstances, the exercise of national sovereignty should be the fixed responsibility of civil servants, who serve and be loyal according to public law.
5、 The laws concerning civil servants shall be formulated in full consideration of the traditional principles of the legal status of professional civil servants.
Article 34
In principle, the responsibility of any person who violates his duty to oppose a third party in performing the public office assigned to him shall be borne by the State or the organ in which he holds office.In case of intentional or gross negligence, the right to claim compensation shall be reserved.With regard to claims for damages and compensation, a lawsuit may be filed in an ordinary court.
Article 35
1、 Federal and state agencies shall provide mutual legal and professional assistance.
2、 In order to maintain or restore public security or order, in the event of a major incident, if the police of a state cannot or is difficult to complete their tasks without assistance, they may request the assistance of the personnel or equipment of the Federal Border Defense Force.In case of natural disasters or major unfortunate events, a state may request the assistance of police forces, other administrative agencies, federal border defense teams or military personnel or equipment of other states.
3、 If a natural disaster or major unfortunate event endangers more than one state, the federal government may instruct the state government to use the police force of other states, or command the federal border defense team or military units to support the police force, if necessary for effective handling.The measures taken by the federal government in accordance with the preceding paragraph of this paragraph shall be cancelled immediately upon the request of the Federal Senate or after the danger is eliminated.
Article 36
1、 The civil servants of the highest federal authorities shall be selected from the states in an appropriate proportion.In principle, the civil servants of other federal agencies shall be selected from the Federation where they hold office.
2、 Military law should pay attention to the special local environment in which the federation is divided into states and states.
Article 37
1、 If a state fails to perform its obligations to the Federation under this Basic Law or other federal laws, the federal government may, with the consent of the Federal Senate, take necessary measures to compel the state to perform its obligations by federal mandatory laws.
2、 In order to implement the federal compulsion, the federal government or its appointed agencies have the power to issue orders to states and their agencies.
Chapter III Federal Parliament
Article 38
1、 Members of the German Federal Parliament are elected in accordance with the ordinary, direct, free, equal and secret election laws.As representatives of all the people, members of parliament are not bound by orders and orders, but obey their conscience.
2、 Those who have reached the age of 18 have the right to vote, and adults have the right to stand for election.
3、 The detailed rules are prescribed by federal laws.
Article 39
1、 The Federal Parliament is elected for a term of four years in accordance with the following provisions.His term of office expires when the new Federal Parliament meets.New elections shall be held between 46 and 48 months after the beginning of the term of office.
2、 The Federal Parliament shall meet within thirty days after the election.
3、 The Federal Assembly decides to close and reopen its session.The Speaker may call a meeting in advance.At the request of one third of the members of Parliament or the Federal President or the Federal Prime Minister, the Speaker has the obligation to convene a meeting in advance.
Article 40
1、 The Federal Assembly elects the Speaker, the Deputy Speaker and the Secretary.The Federal Parliament makes its own agreed rules.
2、 The Speaker has jurisdiction over the Houses of Parliament and exercises police power in them.No search or seizure is allowed within the Federal Parliament Building without the permission of the Speaker.
Article 41
1、 It is the responsibility of the Federal Parliament to review elections.The Federal Parliament also decides whether its members are disqualified.
2、 If they do not accept the decision of the Federal Parliament, they may appeal to the Federal Constitutional Court.
3、 The detailed rules are prescribed by federal laws.
Article 42
1、 The Federal Parliament shall meet in public.However, upon the recommendation of one tenth of the members or upon the request of the federal government, a two-thirds majority resolution may be adopted to hold a secret meeting.The resolution of this proposal shall be made in a closed meeting.
2、 Unless otherwise provided in this Basic Law, decisions of the Federal Parliament shall be made by a majority of votes.The rules of procedure for elections in the Federal Assembly may be separately prescribed.
3、 The full and accurate reports of the public meetings of the Federal Parliament and its committees are irresponsible.
Article 43
1、 The Federal Parliament and its committees may require any member of the Federal Government to attend as a nonvoting delegate.
2、 Members of the Federal Senate, the Prime Minister and members of the Cabinet of the Federal Government, and their appointed personnel may attend all meetings of the Federal Parliament and its committees as nonvoting delegates.Each of the above persons has the right to make statements at any time.
Article 44
1、 The Federal Parliament has the right to set up an investigation committee, which, upon the proposal of one fourth of the members, has the obligation to set up, shall hold a public meeting to receive the necessary evidence.The meeting may be closed.
2、 The provisions of criminal procedure shall apply mutatis mutandis to evidence investigation.Letters, postal and telecommunications secrets will not be affected.
3、 Courts and administrative agencies have the obligation to provide legal and professional assistance.
4、 The decisions of the investigation committee are not subject to judicial review.However, the court may freely evaluate and determine the facts on which the investigation is based.
Article 45
The Federal Assembly shall establish a committee to take charge of the affairs of the European Union. The Federal Assembly may authorize the committee to implement the rights of the Federal Assembly with respect to the federal government in accordance with Article 23 of this Law.
Article 45-1
1、 The Federal Parliament shall have a Foreign Affairs Committee and a National Defence Committee.
2、 The National Defense Commission shall also enjoy the rights of an investigation committee.Having been recommended by one fourth of its members, it has the obligation to investigate specific matters.
3、 The first paragraph of Article 44 shall not apply to national defense matters.
Article 45bis
The Federal Assembly shall appoint a defense commissioner to ensure the basic rights of the people and assist the Federal Assembly in exercising parliamentary supervision.The detailed rules are prescribed by federal laws.
Article 45ter
1、 The Federal Assembly shall establish a petition committee to deal with requests and petitions submitted by the people to the Federal Assembly in accordance with Article 17 of this Law.
2、 The power of the committee to review appeals is prescribed by federal law.
Article 46
1、 Members shall not take legal or disciplinary actions against them because they vote or speak in the Federal Parliament, and shall not be responsible outside the Federal Parliament.However, libel is not restricted.
2、 Without the permission of the Federal Parliament, a member may not be prosecuted or arrested for a criminal act, unless he is arrested on the spot or the next day.
3、 In addition, without the permission of the Federal Parliament, no other restrictions shall be imposed on the personal freedom of members or acts shall be taken against them in accordance with Article 18 of the Basic Law.
4、 Any arrest, detention and any other restriction on the personal freedom of a member of Parliament who takes any criminal procedure and any act specified in Article 18 of the Basic Law shall be suspended upon the request of the Federal Parliament.
Article 47
Members have the right to refuse to testify against the person who delivers the facts as a member, or the person who accepts the facts as a member, and the facts themselves.Within the authority of refusing to testify, documents shall not be seized.
Article 48
1、 Those who run for the Federal Parliament have the right to request that the necessary leave be granted for the election.
2、 No person shall obstruct him from taking office or performing his duties as a Member.It shall not give notice of dismissal or removal.
2、 Members of Parliament have the right to demand appropriate remuneration to maintain their independence, and they have the right to travel free of charge by national transportation.The detailed rules are prescribed by federal laws.
Article 49
(Abolished on August 23, 1976.)
Chapter IV The Federal Senate
Article 50
The states participate in federal legislation, administration and joint European affairs through the Federal Senate.
Article 51
1、 The Federal Senate is organized by the members of each state government appointed and recruited by each state government, and these senators may be represented by other members of each state government.
2、 Each state shall have at least three voting rights;A state with a population of more than 2 million shall have four voting rights;A state with a population of more than six million shall have five voting rights;States with more than seven million people should have six voting rights.
3、 Each state sends senators with the same voting rights.The votes of the states can only be cast collectively, and can only be cast by the senators present or their representatives.
Article 52
1、 The Federal Senate elects its own Speaker for a term of one year.
2、 The Speaker summoned the Federal Senate.When representatives of at least two states or the federal government request to convene, the Speaker must convene.
3、 The Federal Senate must have at least a majority of the voting rights to make a resolution.The Federal Senate formulates its own rules of procedure and holds public meetings, but may hold private meetings.
31. The Federal Senate, which is a joint European affair, may establish a European Parliament, and its resolution shall be deemed as a resolution of the Federal Senate.The provisions of Paragraph 2 and the second sentence of Paragraph 3 of Article 51 of the Basic Law shall apply mutatis mutandis.
4、 Other members or trustees of the state governments may participate in the committees of the Federal Senate.
Article 53
The Prime Minister and members of the Cabinet of the Federal Government have the right to participate in the debates of the Federal Senate and its committees, and have the obligation to participate if requested.The Federal Prime Minister and members of the Cabinet have the right to make statements at any time.The federal government shall report the handling of federal affairs to the Federal Senate at any time.
Chapter IV-1 Joint Committee
Article 53-1
1、 The Joint Committee is organized by two-thirds of the members of the Federal Parliament and one-third of the members of the Senate.Members of the Federal Parliament shall be elected according to the proportion of each party, and shall not be affiliated with the federal government.Each state shall be represented by a member of the Senate designated by it;These senators are not bound by any instructions.The establishment and procedure of the joint committee shall be determined by the rules of procedure, which shall be decided by the Federal Parliament and approved by the Senate.
2、 The Federal Government shall notify the Joint Committee of its plans for defense events.The rights of the Federal Assembly and its committees under Article 43, paragraph 1, shall not be affected.
Chapter V The President of the Federation
Article 54
1、 The Federal President is elected by the Federal Assembly without discussion.The German people who have the right to vote in the Federal Assembly and have reached the age of 40 have the right to stand for election.
2、 The term of office of the President of the Federation is five years, and the re-election is limited to one time.
3、 The Federal Assembly is organized by representatives elected by the members of the Federal Assembly and the public opinion representative offices of the states in accordance with the principle of proportional representation and the same number of members of the Federal Assembly.
4、 The Federal Assembly shall meet no later than 30 days before the expiration of the term of office of the Federal President.The Federal Assembly is convened by the President of the Federal Parliament.
5、 After the term of office of the Federal Assembly expires, the time limit in the first paragraph of paragraph 4 of this article shall start from the first meeting of the Federal Assembly.
6、 A person who obtains more than half of the votes of the representatives of the Federal Assembly shall be elected as the President of the Federation.If no one obtains more than half of the votes in two ballots, the person who obtains the most votes in the third ballot will be elected.
7、 The detailed rules are prescribed by federal laws.
Article 55
1、 The President of the Federation shall not concurrently serve as a government official and shall not be a member of the legislature of the Federation or states.
2、 The President of the Federation shall not engage in any other position, business or execution of business, and shall not be a director or supervisor of a for-profit enterprise.
Article 56
When the Federal President takes office, he shall take an oath before the assembly of members of the Federal Parliament and the Federal Senate. The oath is as follows: "I swear that I am willing to do my best to promote the happiness of the German people, promote the interests of the German people, eliminate the disasters of the German people, uphold the Basic Law and federal laws, devote myself to my duties, and treat people fairly. May God protect me. I swear that I can waive the religious oath.".
Article 57
When the President of the Federation is unable to act or his office is vacant before the expiration of his term of office, the President of the Federal Senate shall act on his behalf.
Article 58
The order of the President of the Federation shall come into force only after being countersigned by the Prime Minister or the competent federal minister.This provision shall not apply to the appointment and removal of the Federal Prime Minister, the dissolution of the Federal Parliament as prescribed in Article 63 of this Act, and the requirements as prescribed in Paragraph 3 of Article 69.
Article 59
1、 The President of the Federation represents the Federation in international relations.The President of the Federation represents the Federation in concluding treaties with foreign countries.The Federal President sent and received envoys.
2、 All treaties regulating federal political relations or involving federal legislative matters shall be in the form of federal law, with the consent or participation of the competent authority of the current federal legislation.Administrative agreements shall be governed by the provisions on federal administration.
Article 59-1
(Abolished on June 24, 1968)
Article 60
1、 Unless otherwise provided by law, the President of the Federation appoints and removes federal judges and civil and military officials.
2、 The President of the Federation exercises the power of pardon on behalf of the Federation in individual cases.
3、 The President of the Federation may delegate such powers to other agencies.
4、 The provisions of paragraphs 2 to 4 of Article 46 of the Basic Law shall apply to the President of the Federation.
Article 61
1、 The Federal Senate of the Federal Parliament may impeach the Federal Constitutional Court against the Federal President's deliberate violation of this Basic Law or any other federal law.A motion of impeachment must be approved by at least one fourth of the members of the Federal Parliament or one fourth of the voting rights of the Federal Senate before it can be proposed.The resolution of impeachment shall be decided by two-thirds of the members of the Federal Parliament or two-thirds of the voting rights of the Federal Senate.The impeachment public prosecution shall be entrusted by the impeachment authority to one person.
2、 If the Federal Constitutional Court finds that the Federal President has deliberately violated this Basic Law or any other federal law, it may announce his dismissal.After the impeachment process began, the Federal Constitutional Court could temporarily order to stop the exercise of its functions and powers.
Chapter VI Federal Government
Article 62
The federal government is organized by the Prime Minister of the Federal Cabinet and members of the Federal Cabinet.
Article 63
1、 The Federal Prime Minister is nominated by the Federal President and elected by the Federal Parliament without discussion.
2、 Those who have more than half of the votes of the members of the Federal Parliament shall be elected.The person elected is appointed by the President of the Federation.
3、 If the person nominated is not elected, the Federal Assembly may, within 14 days after the vote, elect one person as the Federal Prime Minister by a majority of the members.
4、 If the Federal Prime Minister cannot be elected within the time limit, he shall immediately re vote, and the person who gets the most votes shall be elected.If the elected person obtains more than half of the votes of the members of the Federal Parliament, the Federal President shall appoint him as the Federal Prime Minister within seven days after the election.If the elected person fails to obtain the majority of the votes, the President of the Federation shall appoint him as the Prime Minister of the Federation or dissolve the Federal Parliament within seven days.
Article 64
1、 The members of the Federal Cabinet are appointed and removed by the President of the Federation upon nomination by the Prime Minister of the Federation.
2、 The Federal Prime Minister and members of the Federal Cabinet shall take the oath prescribed in Article 56 of this Basic Law before the Federal Parliament when they take office.
Article 65
The Federal Prime Minister should decide the policy and take responsibility for it.Within the scope of this policy, the members of the federal cabinet shall be responsible for commanding their own departments.In case of disputes among members of the federal cabinet, the federal government shall resolve them.The Federal Prime Minister shall handle government affairs in accordance with the procedures set by the Federal Government and approved by the Federal President.
Article 65-1
The Minister of Defense has the power to command the armed forces.
Article 66
The Federal Prime Minister and members of the Federal Cabinet shall not engage in any other position, business or business, and shall not be directors or supervisors of for-profit enterprises without the consent of the Federal Parliament.
Article 67
1、 The Federal Parliament was only able to elect a successor to the Federal Prime Minister by more than half of the Parliament and asked the Federal President to remove the current Federal Prime Minister, while expressing its distrust of the Federal Prime Minister.The President of the Federation shall accept his request and appoint the person elected.
2、 The interval between the motion and the election shall be 48 hours.
Article 68
1、 If the motion of the Federal Prime Minister to request a confidence vote does not receive the support of more than half of the members of the Federal Parliament, the Federal President may, at the request of the Federal Prime Minister, dissolve the Federal Parliament within 21 days.If the Federal Parliament elects another Federal Prime Minister by a majority of its members, this right to dissolve shall be reduced immediately.
2、 The interval between the motion and the election shall be 48 hours.
Article 69
1、 The Federal Prime Minister appoints a member of the Federal Cabinet as the Deputy Prime Minister.
2、 In any case, the office of the Federal Prime Minister or the Federal Cabinet shall terminate with the meeting of the new Federal Parliament, and the office of the Federal Cabinet shall also terminate with the termination of the office of the Federal Prime Minister for other reasons.
3、 The Federal Prime Minister, at the request of the Federal President, and members of the Federal Cabinet, at the request of the Federal Prime Minister or the Federal President, shall continue to perform their duties until the life of their successors.
Chapter VII Federal Legislation
Article 70
1、 The states have the power to legislate on matters not granted federal legislation by this Basic Law.
2、 The division of jurisdiction between the Federation and the states shall be determined in accordance with the provisions of this Basic Law on exclusive and joint legislation.
Article 71
For federal exclusive legislative matters, each state has legislative power only when it is expressly authorized by federal laws and within the scope of its authorization.
Article 72
1、 For matters of concurrent legislation, states have legislative power only when the Federation does not enact laws to exercise its legislative power, and to the extent that it does not exercise its legislative power.
2、 The Federation has the legislative power to establish equivalent life relationships in the federal field, or to maintain the unity of law and economy in the overall national interest, and consider it necessary to adopt federal legal norms.
3、 If the federal law does not have the necessity specified in the second paragraph, it may be replaced by a state law in accordance with the provisions of the federal law.
Article 73
The Federation has exclusive legislative power on the following matters:
（1） Foreign affairs and national defense, including civilian protection.
（2） Federal nationality.
（3） Freedom of movement, passport, immigration and extradition.
（4） Regulations on currency, currency and coinage, weights and measures, time and calendar.
（5） Unification of tariff and trade area, trade and navigation agreement, free flow of goods and payment of foreign trade, including tariff protection and border protection.
（6） Air transport.
（6） 1. Transportation of the railway (Federal Railway) that is wholly or largely owned by the Federation, laying, maintenance or operation of the Federal Railway, and collection of fees for using the Federal Railway.
（7） Post and telecommunications.
（8） The legal status of the service personnel of the federal and federal public law organizations.
（9） Industrial property rights, copyrights and distribution rights.
（10） Cooperation between the Federation and the states on the following matters:
1. Criminal police matters.
2. Protect the basic order of freedom and democracy, the continuity and security of the federation or a state.
3. Prevent the use of violence within the federal territory or the preparation of violence to endanger the meaningful acts outside the Federal Republic of Germany.
And the establishment of federal criminal police agencies and the suppression of national defense crimes.
（11） Statistics used by the Federation.
Article 74
1、 The following matters fall within the scope of common legislation.
（1） Civil law, criminal law and judgment enforcement, court organization, judicial procedure, lawyer, notary and legal consultation.
（2） Demographic matters.
（3） Assembly and association.
（4） Aliens' right of residence and residence.
（4） One is weapon law and explosive law.
（5） (Abolished on October 27, 1994)
（6） Matters concerning refugees and deportees.
（7） Public welfare
（8） (Abolished on October 27, 1994)
（9） War damage and recovery.
（10） Support for war wounded and war survivors, and care for former prisoners of war.
（10） 1. Cemeteries for soldiers, other war victims and victims of tyranny.
（11） Laws related to economy (mining, industry, energy supply, handicrafts, trade, commerce, banking and securities trading, private insurance).
（11） 1. The production and utilization of nuclear energy for peaceful purposes, the establishment and operation of equipment for the above purposes
Protection against risks arising from radiation leakage and radioactive material handling.
（12） Labor law, including enterprise organization, labor protection and employment introduction, and social insurance, including unemployment insurance.
（13） Rectification of academic subsidies and promotion of scientific research.
（14） Public expropriation laws relating to the matters enumerated in Articles 73 and 74 of the Basic Law.
（15） Transfer of land, real estate, natural resources and production tools to the public or other forms of public economy.
（16） Prevention of abuse of economic power.
（17） Promotion of agricultural and forestry production, guarantee of food supply, export and import of agricultural and forestry products, ocean and marine fisheries, and coastal defense.
（18） Real estate transaction, land law (excluding road expansion benefit fee law) and farmland tenancy system, housing system, government given cultivation and home system.
（19） Measures to prevent human and animal infectious diseases, license of doctors and other medical enterprises and medical traders, and selling of drugs, narcotic drugs and poisons.
（19） 1. The economic security of the hospital and the rectification of the hospital patient care rules.
（20） Protection of food, stimulant drinks, daily necessities, feed, trade with agricultural and forestry seedlings, prevention of tree and plant diseases, and protection of animals.
(21) Ocean and coastal shipping, shipping subsidies, inland shipping, meteorological services, ocean routes, and inland waterways for general transportation.
(22) Construction and maintenance of land transportation, automobile transportation and long-distance transportation highways.
(23) Non federal railways, except mountain railways.
(24) Garbage disposal, air pollution prevention and noise prevention.
(25) State responsibility
(26) Artificial fertilization, research on genetic information, artificial changes and organs
And tissue transplantation.
2、 The laws referred to in subparagraph 25 of the preceding paragraph shall be approved by the Federal Senate.
Article 74-1
1、 If the Federation has not made exclusive legislation in accordance with Article 73, paragraph 8, the scope of joint legislation may be extended to the salaries of civil servants in public law service and trust relationship.
2、 The federal law referred to in the preceding paragraph requires the consent of the Federal Senate.
3、 If the federal law enacted in accordance with Paragraph 8 of Article 73 stipulates the salary structure or measurement criteria, including the evaluation of official positions or other upper and lower limits of salary, and has the nature of the federal law referred to in Paragraph 1, the consent of the Federal Senate is also required.
4、 The provisions of paragraphs 1 and 2 shall also apply to the salaries of state judges.The provisions of Paragraph 3 shall apply to the laws of Paragraph 1 of Article 98.
Article 75
1、 According to Article 72 of this Basic Law, the Federation has the power to promulgate general rules for the legislation of each state on the following matters:;The provisions of Paragraph 3 of Article 72 of the Basic Law shall apply mutatis mutandis.
（1） Except as otherwise provided in Article 74-1, the legal status of the service personnel of various states, towns and other public law organizations.
（1） 1. General basic principles of higher education.
（2） General legal relationship of publication.
（3） Hunting matters, protection of natural landscapes and preservation of villages and landscapes.
（4） Land allocation, regional planning and water and soil conservation.
（5） Household registration and ID card certification.
（6） Protect German cultural assets from outflow.The provisions of Paragraph 3 of Article 72 of the Basic Law shall apply mutatis mutandis.
2、 General rules may be specified in detail or directly only in exceptional cases.
3、 Each state shall promulgate the necessary state laws within the time limit set by the Federation after the promulgation of the General Rules.
Article 76
1、 Bills should be presented to the Federal Parliament by the Federal Government, members of the Federal Parliament or the Federal Senate.
2、 The bill of the federal government shall first be submitted to the Federal Senate.The Federal Senate has the right to express its opinion on this bill within six weeks.If the Federal Senate requests an extension for major reasons, especially considering the scope, the maximum duration is nine weeks.If the federal government considers that the bill submitted to the Federal Senate is an exceptional special emergency, three weeks later, or if the Federal Senate requests an extension according to the third sentence, six weeks later, even though the opinions of the Federal Senate have not been delivered;However, after receiving the opinions of the Federal Senate, it shall immediately transmit them to the Federal Parliament.The time limit for expressing opinions on the draft amendment to the Basic Law and the delegation of sovereignty under Articles 23 or 24 of the Basic Law is nine weeks;The provisions of the fourth sentence shall not apply.
3、 The bill of the Federal Senate shall be submitted by the federal government to the Federal Assembly within six weeks.The Federal Government should attach its views to the proposal.If the federal government requests an extension for major reasons, especially considering the scope, the maximum period is nine weeks.If the Federal Senate considers its bill to be an exceptional special emergency, the period is three weeks, or if the Federal Government requests an extension in accordance with the third sentence, it is six weeks.This period is nine weeks;The provisions of the fourth sentence shall not apply.The Federal Parliament shall examine this bill and make a resolution within a reasonable period of time.
Chapter VIII Enforcement of Federal Laws and Federal Administration
(As the entry editing requirement is no more than 20000 words, see references for details)
Chapter VIII Common Task
(Since the entry is required to be edited no more than 20000 words, the remaining entries cannot be edited, see references for details)
Chapter IX Administration of Justice
Article 92
The judicial power is entrusted to the judge;It shall be exercised by the Federal Constitutional Court, the federal courts prescribed by this Basic Law and the state courts respectively.
Article 93
1、 The Federal Constitutional Court tried the following cases:
（1） This Basic Law shall be interpreted in case of any dispute over the scope of rights and obligations of the Supreme Federal Authority or other related parties with independent rights granted by this Basic Law or the procedures of the Supreme Federal Authority.
（2） A case that has been accepted at the request of one third of the federal government, state government or members of the federal parliament when there is a formal and substantive conflict between federal laws or state laws and this Basic Law, or there is a conflict, disagreement or doubt between state laws and other federal laws.
（2） 1. A case initiated by the Federal Senate, the state government, or the State Assembly when there is disagreement on whether the law meets the requirements of Paragraph 2, Article 72 of the Basic Law.
（3） Disagreements on the rights and obligations of the Federation and the states, especially on the implementation of federal laws by the states and the exercise of federal supervision over the states.
（4） Cases concerning other public law disputes between the Federation and states, between states or within a state, where there is no other legal way to follow.
（4） 1. Any person who claims his/her fundamental rights or who claims his/her fundamental rights under Article 20, paragraph 4, Article 33, 38, 101
An unconstitutional petition filed when the rights enjoyed in Articles 103 and 104 are impaired by public power.
（4） II. Where a township or township association region files an unconstitutional petition due to legal damage to its autonomy under Article 28
If the law is a state law, it must not be brought in the state constitutional court.
（5） Other cases specified in the Basic Law.
2、 In addition, the Federal Constitutional Court shall accept other cases designated by federal legislation.
Article 94
1、 The Federal Constitutional Court is organized by federal judges and other judges.Half of the judges of the Federal Constitutional Court are elected by the Federal Parliament and half by the Federal Senate.Such judges shall not be members of Parliament, the Federal Senate, the Federal Government or similar agencies of the states.
2、 The organization and procedure of the Federal Constitutional Court and the circumstances under which its decisions have legal effect shall be prescribed by federal law.The law may provide that an unconstitutional petition shall be filed on the premise that other legal proceedings are carried out without remedy, and may also provide for a special acceptance procedure.
Article 95
1、 The Federal Supreme Court, the Federal Administrative Court, the Federal Finance Court, the Federal Labor Court, and the Federal Social Court are the highest courts for general legal matters, administrative, financial, labor, and social legal matters.
2、 The selection and appointment of such court judges shall be based on the nature of the business;It is decided by the Judicial Officer Election Committee of the Council of Ministers in charge of the Federation, which is organized by the ministers in charge of each state and the members elected by the Federal Parliament in the same amount.
3、 In order to maintain judicial unity, the courts referred to in the first paragraph shall form a joint meeting, the details of which shall be prescribed by federal law.
Article 96
1、 The Federation may set up a federal court for the protection of industrial and commercial laws.2、 The Federation may establish military courts to govern the armed forces as federal courts. These courts only exercise criminal jurisdiction over defense incidents or members of armed forces stationed abroad or serving on warships. The details of these courts are prescribed by federal law.The business scope of such courts is under the supervision of the Federal Attorney General, and their full-time judges shall be qualified to serve as judges.
3、 The Supreme Court of the Court referred to in paragraphs 1 and 2 is the Federal Supreme Court.
4、 For those who serve in public law service, the Federation may establish a federal court to handle disciplinary proceedings and appeal proceedings.
5、 For the criminal procedure of the first paragraph of Article 26 and state protection, the federal jurisdiction may be delegated to the state courts in accordance with the provisions of the federal law approved by the Federal Senate.
Article 97
1、 Judges shall exercise their functions and powers independently and only obey the law.
2、 A judge who has been formally appointed shall not be removed from office against his/her will, or suspended or transferred permanently or temporarily, or ordered to retire before the expiration of his/her term of office without a judgment of the court and according to legal reasons and legal procedures.
The law may stipulate the retirement age of judges for life.In case of any change in the organization of the court or its jurisdiction, the judge may be transferred to another court or suspended from office, provided that full pay is retained.
Article 98
1、 The legal status of federal judges shall be regulated by special federal laws.
2、 If a federal judge violates the principles of this Basic Law or the constitutional order of each state in his or her duties, the Federal Constitutional Court may, upon the request of the Federal Parliament, by a two-thirds majority, order him or her to be transferred or retired.If the violation is intentional, he may be removed from his post.
3、 The legal status of judges in each state shall be regulated by the special laws of each state.Except as otherwise provided in the fourth paragraph of Article 74, the Federation may promulgate normative rules.
4、 Each state may stipulate that the appointment of judges in each state shall be decided by the State Minister of Justice in conjunction with the Judge Election Committee.
5、 The states may, in accordance with paragraph 2 of this article, formulate their own statutes of judges.The existing state constitutions will not be affected.Cases of impeachment by judges are tried by the Federal Constitutional Court.
Article 99
Constitutional disputes within states may be referred to the Federal Constitutional Court for trial by state legislation, and the final trial of the application of state laws may also be heard by the Supreme Court referred to in Paragraph 1 of Article 95.
Article 100
If the court considers that a law is unconstitutional and the effect of the law is related to its trial, it shall suspend the trial procedure.If it violates the state constitution, it shall be tried by the state court that has the right to accept constitutional disputes;If it violates this Basic Law, it shall be submitted to the Federal Constitutional Court for trial.The same applies when the laws of each state violate this Basic Law or the laws of each state conflict with federal laws.
2、 If there is any doubt about whether the rules of international law form part of federal law and whether they produce direct rights and obligations to individuals (Article 25 of the Basic Law) during the proceedings, the court shall apply to the Federal Constitutional Court for trial.
3、 If the Constitutional Court of a certain state intends to violate the original judgment of the Federal Constitutional Court or the Constitutional Court of other states when interpreting this Basic Law, the Constitutional Court shall request the Federal Constitutional Court to try it.
Article 101
1、 Extraordinary courts shall not be established.No one shall be prohibited from being tried by his statutory judge.
2、 The court for handling special events may be established only in accordance with the law.
Article 102
The death penalty should be abolished.
Article 103
1、 The person charged in the court has the right to request a fair trial.
2、 The punishment for an act shall be limited to those prescribed by the law before the act.
3、 No one may be punished repeatedly under the general criminal law for the same act.
Article 104
1、 Personal freedom shall not be restricted unless in accordance with formal laws and procedures.The detained person shall not be subjected to mental or physical abuse.
2、 Only the judge can decide whether to deprive freedom and the duration of deprivation.If such deprivation is not ordered by the judge, the judge shall be immediately requested for judgment.The police, in accordance with their own powers, may not detain any person beyond the end of the day following the arrest.The detailed rules shall be prescribed by law.
3、 Any person who is temporarily detained on suspicion of committing a punishable act shall, at the latest, be submitted to the judge on the day following his arrest. The judge shall give reasons for his arrest, interrogate him, and give him the opportunity to raise objections.The judge shall fill in and issue an arrest warrant immediately, stating the reasons for the arrest, or order release.
4、 When the judge orders the deprivation of liberty or the extension of the deprivation period, he shall immediately notify the relatives of the detained person or the person he trusts.
Chapter X Finance
(It is required to edit entries no more than 20000 words, and the remaining entries cannot be edited. See references for details)
Chapter X-1 Defense Events
(Since the entry is required to be no more than 20000 words, the remaining entries cannot be edited, see references for details)
Chapter XI Transition and Final Provisions
(The number of entries cannot be edited because it is required that the number of entries should not exceed 20000. See references for details.)
Article 146
The Basic Law, which is applicable to all German people after the completion of the unification and freedom of Germany, will lose its effect when the Constitution formulated by the German people in accordance with their free decisions takes effect.[2]
Constitutional characteristics
Announce
edit
withWeimarer Verfassung In contrast, the entire Basic Law is formulated around the protection of human rights: the reason why human rights are emphasized is undoubtedly the result of deep repentance of Nazi atrocities during World War II.Only on the basis of establishing human rights as the basic political and legal value can we prevent the recurrence of tragedy.
First, the Basic Law moved the content of basic rights of citizens from the second part of the Weimar Constitution to the first chapter, with the purpose of emphasizing that citizens precede the state, civil rights precede state power, and rights are the source of power.This style is also rare in constitutions around the world.
Secondly, there is no provision on "human dignity" in the Weimar Constitution, but the basic law stipulates it as the first paragraph of Article 1: "Human dignity is inviolable, and it is the responsibility of the government to respect and protect it".Academically, it is generally believed that this provision makes human dignity the basis of the entire German constitutional system, national system and government behavior, and even the basic norms of international relations that the German government should follow.In fact, in the view of contemporary Germans, human dignity constitutes the starting point of human rights. If people are not treated as human beings, there is no human rights.Therefore, the second paragraph stipulates: "For this reason, the German people recognize that inviolable and inalienable human rights are the foundation of all human societies and world peace and justice".In paragraph 3, it is stipulated that "the following basic rights have direct legal effect and bind legislation, administration and justice", thus confirming the transformation of basic human rights into legal rights through constitution making and guaranteed by the state's coercive force.
Thirdly, the civil rights stipulated in the Weimar Constitution were not few, but eventually they were useless, and Hitler arbitrarily abolished them (the Weimar Constitution was not officially declared invalid, but was shelved by the enabling law).Therefore, the Basic Law has taken three measures to ensure that this will not happen again:
The first measure is to establish that Germany's "basic order of freedom and democracy" is inviolable. Any citizen who abuses his right of freedom and endangers the basic order of freedom and democracy will lose his freedom (Article 18).
The second measure is to stipulate in the third paragraph of Article 79 of the Basic Law that Articles 1 and 20 of the Law shall not be amended (including the federal system). Article 20 stipulates the four basic constitutional principles of people's sovereignty, the federal system, the rule of law and social welfare.The so-called "no modification" is absolutely not allowed to be touched. However, in 1994, Article 20A was added to stipulate the issue of ecological environment protection, forming the "semi constitutional principle" (since it is the "20a" added after Article 20, it is a constitutional principled norm, that is, a provision with the same quality as Article 20).Since article 79 provides such a provision, it has actually become an unalterable provision.
The third measure is to regulate the“right of resistance”(Rechtzum Widerstand), that is, if other methods are not enough to stop the destruction of the basic order of freedom and democracy, all Germans have the right to resist.This kind of regulation is more or less a symbolic norm, but also a last resort: when the possibility of returning to autocracy cannot be absolutely ruled out, the people, as sovereigns, have the right to exercise the right to resist, so it is actually the United States《Declaration of Independence》Another expression of "the government must be agreed by the ruled" and "re contract".
Finally, Parliament is no longer the "highest organ of state power". It has transferred the power of interpretation of the Constitution to the Federal Constitutional Court, which is responsible for supervising the implementation of the Constitution and safeguarding citizens' rights and freedoms.The Congress under the Weimar Constitution is responsible for supervising the Constitution, but in fact there is no supervision at all, because on the one hand it will not declare its own laws unconstitutional (Kirk and Locke both said that "one cannot be the judge of one's own case"), on the other hand, the Congress is not suitable to be an organ for mediating social conflicts, because it represents various interests,Different members of parliament represent different interests, which cannot be reconciled. Only a neutral court can be impartial.In addition, the continuous application of the Basic Law by the Federal Constitutional Court actually makes the Basic Law constantly adjust social relations, thus not only making the Constitution respected by people, because the Constitution is a "guarantee of rights", and the application of the Constitution is generally beneficial to the protection of individual rights;The application of the Basic Law also makes itself not vulnerable to destruction and trampling - judges only apply the law objectively and cannot replace the will of the law with their own will;If politicians (legislators) apply the law, political interests will be higher than the will of the law.The establishment of the Constitutional Court is the last line of defense designed by the Basic Law for itself. Facts have proved that it is also the most effective line of defense.
In other aspects, compared with the Weimar Constitution, the Basic Law does not have the right to a state of emergency. For example, in 1933, the German Federal President adopted the Fire Protection Act of the Parliament Building to suspend the basic rights and deprive the membership of the Communist Party in the Congress, completing an important step in Hitler's overall seizure of power.The suspension of human rights will also be considered illegal under articles 20 and 79, as mentioned above.
The constitutional status of the federal government has also been strengthened, because the rights of the German president (Bundespr ä sident) are only a small part of those of the former Reichspr ä sident.The federal government depends only on Parliament.The position of Reichspr ä sident is considered as "Ersatzkaiser", which means that although the monarchy has been abolished, the president still has the power equivalent to the emperor, thus weakening the role of party politics.
The current Basic Law wants to depose the Prime Minister, and the Parliament needs to vote on a constructive motion of no confidence (Konstruktives Mistrauensvotum), that is, a new Prime Minister election.The purpose of the new procedure is to have better stability than the Weimar Constitution. In the past, the government collapsed under the system, but it was unable to reach an agreement on the appointment of a new prime minister, which led to the cabinet's hard labor and power vacuum.In addition, the previous Congress could remove individual ministers with a motion of no confidence, and it must vote on the entire cabinet.
