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The Basic Law for the Federal Republic of Germany [1] (Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany.. The West German Constitution was approved in Bonn on 8 May 1949 and came into effect on 23 May after having been approved by the occupying western Allies of World War II on 12 May.
The Basic Law of the Federal Republic of Germany stipulates that all three branches of the state (the legislature, executive, and judiciary) are bound directly by the constitution in Article 20, Section 3 of the document.
Germany's legal system is a civilian system whose highest source of law is the 1949 Basic Law for the Federal Republic of Germany (which serves as the nation's constitution), which sets up the modern judiciary, but the law adjudicated in court comes from the German Codes; thus, German law is primarily codal in nature.
The law of Germany (German: Recht Deutschlands), that being the modern German legal system (German: deutsches Rechtssystem), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example most regulations of the civil code (Bürgerliches Gesetzbuch, or BGB) were developed prior to ...
Rights under the German constitution can also be divided between universal fundamental rights (Jedermann-Grundrechte), which are afforded to everyone, and German fundamental rights (Staatsbürgerrechte or Deutschenrechte), to which only Germans are entitled. The reason for the separation is largely due to democratic will and the protection of ...
In Germany, federal courts (German: Bundesgerichte pronounced [ˈbʊndəsɡəˌʁɪçtə] ⓘ, singular Bundesgericht) are courts which are established by federal law.. According to article 92 of the Basic Law for the Federal Republic of Germany, the judiciary power is exercised by the Federal Constitutional Court, the federal courts provided for in the Basic Law, and the courts of the Länder ...
The Federal Court of Justice, like all German courts of ordinary jurisdiction, [106] is barred from determining that a law or any part of a law violates the German constitution (the Basic Law). If the Federal Court of Justice arrives at the conclusion that a provision is unconstitutional and if the court's desired decision of the case depends ...
The Federal Constitutional Court (German: Bundesverfassungsgericht, usually abbreviated BVerfG) is the federal constitutional court of Germany. It is the highest independent constitutional organ of the German judiciary, ranking equally with the other supreme federal courts, and is – at the same time – the highest federal court in Germany.