28 Arts. 70 et seq. GG: Legislation

Abstract

This chapter discusses the relevant provisions of Art. 70 et seq. of the Grundgesetz (GG) with regard to legislation, and more specifically the division of legislative power between the federal government and the states. The division of powers between the federal state and the states means that, for each area, either one is responsible. In the case of conflicts between federal and state law, it generally suffices to determine that either the federal state or the state lacks the required legislative power. This observation probably remains accurate even after the federalism reforms of 2006. The chapter first considers the apportionment of legislative power between the federal state and the states after the 2006 federalism reforms, focussing on the exclusive legislative powers of the federal state and its newly regulated concurrent legislative power, before analysing the Federal Constitutional Court's jurisprudence concerning legislative powers and the legislative process.