staatsrecht

Staatsrecht, or constitutional law, is a branch of public law that governs the organization, powers and limits of the state, and the relationship between the state and individuals. Its central texts are constitutional provisions that establish the structure of government, set out the competence of the legislature, the executive and the judiciary, and define fundamental rights. Staatsrecht also covers the rules governing elections, the formation of government, the dissolution of parliament, and constitutional amendments. A key aim is the rule of law: state authority is bounded by law and subject to legal constraints and accountability.

The sources of staatsrecht include written constitutions or comparable foundational documents, statutory laws with constitutional significance, constitutional conventions, international treaties, and case law. In practice, constitutional interpretation considers the formal text, the spirit of the constitution, and the evolving practice of government. The field also addresses the relationship between national and regional or federal authorities, including distribution of powers and fiscal arrangements, and the impact of international and European law on national constitutional order.

Researchers in staatsrecht study topics such as separation of powers, fundamental rights and their protection, constitutional change, popular sovereignty, and the design of checks and balances. In many jurisdictions, constitutional review mechanisms exist to test laws for compatibility with the constitution, either through a dedicated constitutional court or through supreme or high courts.

The term is mainly used in Dutch-speaking or European contexts to denote constitutional law and its distinctive blends with public law and constitutional theory.