Constitutional law and states – staatsrecht.honikel.de

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Zusammenfassung:

Basic information to constitutional law, for example wherewithal constitutional law occupies with or which systems of government exist.

Content:

Definition constitutional law

On the one hand constitutional law includes the law, which specify fundamentally the structure and the organization of the state as well as of its highest organs and their functions (State organisation right), on the other hand it includes those rules, which fundamentally specify the relationship of humans to the state (Basic Rights).

Not only the constitution, in Germany the Basic Law, but also other rules, for example the nationality law or the agenda of the parliament do belong to the constitutional law.

Constitutional law is part of the public law.

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Definition state

A state (from latin "status" - condition) is a political unit of humans (state people), who live in a certain area (national territory) under a highest rule (government authority)("3-elements-doctrine"). Today there are more than 190 states worldwide.

The term state had been used first by Machiavelli (1469 - 1527) in his book "Il Principe" (in english: "The prince").

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State people

All humans with the same nationality form together the state people. The nationality is acquired either by administrative acting, for example by a naturalization or by birth.

With the acquisition by birth two principles can be differentiated. On the one hand the descending principle (ius sanguinis): The nationality of a child arranges itself according to the nationality of the parents. On the other hand the territorial principle (ius soli): A child receives the nationality of the state, in whose area it was born. In Germany the descending principle with elements of the territorial principle is practised.

The nationality is ruled in Article 16 and 116 Basic Law [GG] and in the nationality law.

Article 16

(1) No German may be deprived of his citizenship. Citizenship may be lost only pursuant to a law, and against the will of the person affected only if he does not become stateless as a result.

(2) No German may be extradited to a foreign country. A different regulation to cover extradition to a Member State of the European Union or to an international court of law may be laid down by law, provided that constitutional principles are observed.

Article 116

(1) Unless otherwise provided by a law, a German within the meaning of this Basic Law is a person who possesses German citizenship or who has been admitted to the territory of the German Reich within the boundaries of December 31, 1937 as a refugee or expellee of German ethnic origin or as the spouse or descendant of such person.

(2) Former German citizens who between January 30, 1933 and May 8, 1945 were deprived of their citizenship on political, racial, or religious grounds, and their descendants, shall on application have their citizenship restored. They shall be deemed never to have been deprived of their citizenship if they have established their domicile in Germany after May 8, 1945 and have not expressed a contrary intention.

The nationality differs from the term nation. This term describes a group of common descent, culture, language, history and similar. States whose citizens mostly have the same nationality are called national states, states with several different nationalities are called multinational states.

With a nationality rights (for example citizen rights) and duties (for example loyalty to the state, duty to pay taxes) are associated. Special symbols of the state, for example flags are used for identification of the citizens with their state.

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National territory

The national territory is a assignable section of the earth's surface, the interior of the earth under it and the air space above it. Also where appropriate a twelve-mile zone to the open sea (some states claim other distances), warships, trading vessels at sea, airplanes during the flight and exclaves (smaller territories outside the enclosed national territory.

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Government authority

Government authority is sovereign use of power on the one hand inside the state through organization / maintenance of a public order (right) and on the other hand outside the state through independence opposite other states. The government authority must be effective. If it is legitimated or not does not matter.

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