Rechtssetzung

Rechtssetzung is a term in political science and constitutional law that designates the process by which a state's legal order is created and modified. It encompasses the adoption of normative acts such as statutes, regulations, and ordinances, and is distinguished from the application or enforcement of laws. The legitimacy and legality of Rechtssetzung depend on the constitutional framework and the distribution of competences among state organs.

The typical process includes: agenda setting to identify problems and propose legal responses; drafting by government ministries or parliamentary committees; deliberation and revision in legislative bodies; formal adoption by voting, sometimes requiring a qualified majority or the consent of regional bodies; promulgation by the head of state and publication in the official gazette, after which the law takes effect. In federal or supranational systems, multiple consultees and stages may occur, and urgent procedures can shorten timelines. International treaties may require incorporation into domestic law.

Key actors: the legislature (parliament), the government or executive, and the head of state for promulgation; regional or subnational bodies in federal states; specialized committees and public administrations; courts exercise constitutional review to strike down incompatible norms; civil society and interest groups influence the content. The process also interacts with policy formation and budgeting.

Rechtssetzung is shaped by the type of constitutional order—for example, whether lawmaking requires bicameral consent, judicial review, or delegation of rulemaking authority to ministries. In practices of the European Union, national Rechtssetzung must align with EU law and can be influenced by supranational rulemaking.