Ordnungsmöglichkeit

Ordnungsmöglichkeit refers to a concept in German legal and administrative theory that describes the theoretical possibility of bringing about a certain order or state of affairs. It is not about whether an order is currently in place, but rather whether it *could* be established within the existing legal framework. The term is often used in discussions about the effectiveness of laws and regulations, particularly in areas where achieving compliance is challenging.

The focus of Ordnungsmöglichkeit is on the potential for regulation. It asks whether the legal system provides the tools and mechanisms necessary to enforce a particular rule or achieve a desired outcome. This involves examining the scope of legislative power, the availability of enforcement powers, and the general principles of law that would govern such an order. A high Ordnungsmöglichkeit suggests that the legal system is capable of creating and maintaining the intended order.

Conversely, a low Ordnungsmöglichkeit might indicate that legal instruments are insufficient, that enforcement is practically impossible, or that fundamental legal principles would be violated by such an order. The concept is important for assessing the feasibility of policy proposals and for understanding the limitations of legal intervention. It serves as a theoretical benchmark rather than a practical assessment of current conditions, highlighting the inherent capacity of the legal system to shape reality.