Basic law

This article is about the general constitutional principle. For the German Constitution, see Basic Law for the Federal Republic of Germany. For the theory developed by Hans Kelsen in Pure Theory of Law, see Basic norm.

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)

See also

• Constitution
• Rule according to higher law
• Fundamental law (disambiguation)

References

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