Basic law: Difference between revisions

Content deleted Content added

Inline

Latest revision as of 04:30, 17 May 2024

A basic law is either a codified constitution, or in countries with uncodified constitutions, a law designed to have the effect of a constitution. The term basic law is used in some places as an alternative to "constitution" and may be intended as a temporary but necessary measure, until the formal enactment of a constitution. "Basic law" is sometimes used to avoid it being taken to be, like a constitution, "the highest law". There may be various reasons, such as religion, for this.

Germany

In West Germany the term "Basic Law" (German: Grundgesetz) was used to indicate that the Basic Law was provisional until the ultimate reunification of Germany. However, when Germany finally reunified in 1990, no new constitutions were adopted and instead the Basic Law was adopted throughout the entire German territory.

Hong Kong and Macau

The Special Administrative Regions of the People's Republic of China, namely Hong Kong and Macau, have basic laws as their constitutional documents. The basic laws are the highest authority, respectively, in the territories, while the rights of amendment and interpretation rest with the Standing Committee of the National People's Congress of the People's Republic of China.

Israel

The Basic Laws of Israel are fourteen quasi-constitutional laws of the State of Israel, were originally intended to be draft chapters of a future Israeli constitution, which has been indefinitely postponed since 1950.

Saudi Arabia

Promulgated in 1992, the Basic Law of Saudi Arabia has nine chapters, consisting of 83 articles without a separate preamble.^[1] While the Saudi king exercises sovereign authority, the constitutional principles are explicitly tied to Islamic theology and Sharia law.^[1] Following the issuance of the basic law, an advisory consultative council was established in 1993.^[2]

List of basic laws

Basic Law for the Federal Republic of Germany
Basic Law of Saudi Arabia
Basic Law, Fundamental Law or Constitution of Hungary
Basic Laws of Israel
Basic Laws of Sweden
Basic Statute of Oman
Hong Kong Basic Law
Macao Basic Law
Philippine Bangsamoro Organic Law (sometimes called the Bangsamoro Basic Law)

References

^ ^a ^b McHugh, James T. (2002). Comparative Constitutional Traditions. New York: P. Lang. pp. 193–195. ISBN 0-8204-5800-7.
^ Ulrichsen, Kristian Coates (2018). "Basic law". A Dictionary of Politics in the Middle East (1st ed.). Oxford University Press. doi:10.1093/acref/9780191835278.001.0001. ISBN 9780191835278. Retrieved 22 February 2024.

This article about a constitutional law topic is a stub. You can help Wikipedia by expanding it.

[:0-1] McHugh, James T. (2002). Comparative Constitutional Traditions. New York: P. Lang. pp. 193–195. ISBN 0-8204-5800-7.

[ulr18-2] Ulrichsen, Kristian Coates (2018). "Basic law". A Dictionary of Politics in the Middle East (1st ed.). Oxford University Press. doi:10.1093/acref/9780191835278.001.0001. ISBN 9780191835278. Retrieved 22 February 2024.

[1]

[2]

@@ Line 1: / Line 1: @@
+{{Short description|Codified constitution or a law given to have such powers and effect}}
-{{Unreferenced|date=May 2018}}
+{{about|the general constitutional principle|the German Constitution|Basic Law for the Federal Republic of Germany|the theory developed by Hans Kelsen in [[Pure Theory of Law]]|Basic norm}}
-A '''basic law''' is either a [[codified constitution]], or in countries with [[uncodified constitution]]s, a law given to have constitution powers and effect. The term ''basic law'' is used in some places as an alternative to "[[constitution]]", implying it is a temporary but necessary measure, without the formal enactment of a constitution. The name is generally used to imply an interim or transitory nature, or to avoid claiming to be "the highest law", often for religious reasons.
+{{More citations needed|date=February 2024}}
+{{Use dmy dates|date=April 2024}}
+A '''basic law''' is either a [[codified constitution]], or in countries with [[uncodified constitution]]s, a law designed to have the effect of a constitution. The term ''basic law'' is used in some places as an alternative to "[[constitution]]" and may be intended as a temporary but necessary measure, until the formal enactment of a constitution. "Basic law" is sometimes used to avoid it being taken to be, like a constitution, "the highest law". There may be various reasons, such as religion, for this.
-== West Germany ==
+== Germany ==
 In [[West Germany]] the term "[[Basic Law for the Federal Republic of Germany|Basic Law]]" ({{lang-de|Grundgesetz}}) was used to indicate that the Basic Law was provisional until the ultimate [[reunification of Germany]]. However, when Germany finally reunified in 1990, no new constitutions were adopted and instead the Basic Law was adopted throughout the entire German territory.
 == Hong Kong and Macau ==
 The [[Special Administrative Region of the People's Republic of China|Special Administrative Regions of the People's Republic of China]], namely [[Hong Kong]] and [[Macau]], have basic laws as their constitutional documents. The basic laws are the highest authority, respectively, in the territories, while the rights of amendment and interpretation rest with the [[Standing Committee of the National People's Congress|Standing Committee of the National People's Congress of the People's Republic of China]].
+== Israel ==
+The [[Basic Laws of Israel]] are fourteen quasi-[[constitutional law]]s of the State of Israel, were originally intended to be draft chapters of a future Israeli constitution, which has been indefinitely postponed since 1950.
+== Saudi Arabia ==
+Promulgated in 1992, the [[Basic Law of Saudi Arabia]] has nine chapters, consisting of 83 articles without a separate [[preamble]].<ref name=":0">{{Cite book |last=McHugh |first=James T. |title=Comparative Constitutional Traditions |date=2002 |publisher=P. Lang |isbn=0-8204-5800-7 |location=New York |pages=193–195}}</ref> While the [[King of Saudi Arabia|Saudi king]] exercises [[Sovereignty|sovereign authority]], the constitutional principles are explicitly tied to [[Schools of Islamic theology|Islamic theology]] and [[Sharia|Sharia law]].<ref name=":0" /> Following the issuance of the basic law, an advisory consultative council was established in 1993.<ref name="ulr18">{{cite book |last=Ulrichsen |first=Kristian Coates |title=A Dictionary of Politics in the Middle East |date=2018 |publisher=[[Oxford University Press]] |isbn=9780191835278 |edition=1st |chapter=Basic law |doi=10.1093/acref/9780191835278.001.0001 |access-date=2024-02-22 |chapter-url=https://www.oxfordreference.com/view/10.1093/acref/9780191835278.001.0001/acref-9780191835278-e-62 |chapter-url-access=subscription}}</ref>
 == List of basic laws ==
 * [[Basic Law for the Federal Republic of Germany]]
-* [[Hong Kong Basic Law]]
+* [[Basic Law of Saudi Arabia]]
 * Basic Law, Fundamental Law or [[Constitution of Hungary]]
 * [[Basic Laws of Israel]]
-* [[Macao Basic Law]]
-* [[Basic Statute of Oman]]
-* [[Basic Law of Saudi Arabia]]
 * [[Basic Laws of Sweden]]
+* [[Basic Statute of Oman]]
-* [[Bangsamoro Organic Law]] (sometimes called the Bangsamoro Basic Law)
+* [[Hong Kong Basic Law]]
+* [[Macao Basic Law]]
+* Philippine [[Bangsamoro Organic Law]] (sometimes called the Bangsamoro Basic Law)
 == See also ==
 * [[Constitution]]
 * [[Rule according to higher law]]
-* [[Fundamental law (disambiguation)|Fundamental Law]]
+* [[Fundamental law (disambiguation)]]
+== References ==
+{{reflist}}
 {{Authority control}}
 {{DEFAULTSORT:Basic Law}}
 [[Category:Constitutional law]]
 {{constitutional-law-stub}}