Rechtsmodell

Rechtsmodell is a German term used in legal theory and political science to denote a theoretical model of a legal system or a domain of law. It describes how the law is structured, created, interpreted, and applied, including its normative foundations, sources of law, institutions, procedures, and enforcement mechanisms. The concept is used as a heuristic to compare different legal orders and to analyze reforms.

In comparative law and theory, ein Rechtsmodell helps situate the features of a legal system along several dimensions: the source of legal norms (codified statutes and constitutions versus broader customary or case-law), the role of legislatures and courts, the procedural rules that govern legislation and adjudication, and the relationship between law and other social institutions such as the administration and the economy. It is closely related to, but distinct from, the broader idea of Rechtsordnung (legal order) and Rechtsstaatlichkeit (rule of law).

Core components commonly discussed under a Rechtsmodell include the normative core (fundamental rights and duties), the hierarchy and types of legal norms, the main institutions and actors, the primary procedural rules (for example, due process and judicial review), and the mechanisms of enforcement and interpretation. In policy debates, researchers may invoke alternative models to discuss how changes to data protection, competition, or public administration would fit within a given legal framework.

Limitations: a Rechtsmodell is an abstraction and may oversimplify real-world legal systems that mix features. It is a flexible tool for analysis, reform proposals, and comparative studies rather than a fixed blueprint.