Rechtsnorm

Rechtsnorm is a normative rule within a legal system that prescribes, prohibits, or permits conduct. It is intended to bind individuals and institutions and thereby shape social behavior under the rule of law. A Rechtsnorm typically consists of a stated factual prerequisite (Tatbestand) and a consequence or sanction (Rechtsfolge) that follows when the prerequisite is met. Norms may express duties, rights, permissions, or prohibitions and are created by competent authorities through formal acts of law or decision.

Rechtsnormen arise from recognized sources of law, such as constitutional provisions, statutes, regulations, and customary law, and they are embedded in the legal order (Rechtsordnung). Their validity and applicability depend on statutory authority, proper enactment, publication, and timing (in force from a designated date). Courts interpret and apply these norms, resolving ambiguities through legal interpretation and harmonization with higher-ranking rules. The hierarchy of norms—constitutional, statutory, administrative, and local rules—helps determine which norms prevail in case of conflict.

Typical distinctions within Rechtsnormen include general versus special norms, substantive versus procedural norms, and mandatory (unabdingbare) versus dispositive norms. In practice, Rechtsnormen regulate a wide range of areas, including criminal law, civil law, administrative law, and procedural law. An example is a criminal norm that makes a theft an offense, setting forth the Tatbestand and the Rechtsfolge (punishment), thereby providing a framework for enforcement and dispute resolution.