verfassungswidrigen

Verfassungswidrig is a German legal term used to describe actions, laws, or measures that violate the Basic Law (Grundgesetz) or fundamental rights. The form verfassungswidrigen is the inflected form of the adjective and appears in sentences such as “verfassungswidrigen Gesetzen” or “verfassungswidrige Regelung.” The term denotes conflict with the constitutional order rather than merely being controversial.

In constitutional law, something verfassungswidrig means it transgresses the rules and protections guaranteed by the Grundgesetz. This can apply to legislation, executive acts, or administrative regulations. When a provision is deemed verfassungswidrig, its validity is called into question, and corrective or corrective measures may be required to restore compliance with the constitution. The Federal Constitutional Court (Bundesverfassungsgericht) is the primary authority responsible for evaluating constitutionality through procedures such as abstract or concrete norm control and constitutional complaints.

The concept is used in both formal legal proceedings and public discourse. Courts may declare a law or regulation verfassungswidrig, partially unlawful, or unconstitutional in its entirety. In political and historical contexts, the term has been applied to measures or statutes that fundamentally infringe on the liberal-democratic order or on widely protected rights. The distinction between verfassungswidrigkeit and other legal concepts reflects the emphasis on constitutional compatibility rather than policy preferences.

Overall, verfassungswidrig describes noncompliance with the German constitution. Its identification typically occurs through judicial review, and its consequences range from partial invalidation to complete annulment of the challenged provision. The term remains a cornerstone of discussing constitutional safeguards in Germany.

See also Grundgesetz, Bundesverfassungsgericht, Verfassungsbeschwerde, Normenkontrolle.