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Draft:Constitution of Lower Saxony

The Constitution of Lower Saxony is the constitution of the state of Lower Saxony. It has been in force since 1 June 1993 and replaced the Provisional Constitution of Lower Saxony from 1951.[1]

Article 1 paragraph 2 of the Constitution of Lower Saxony stipulates that the state of Lower Saxony is a free, republican, democratic, social constitutional state in the Federal Republic of Germany that is committed to protecting the natural foundations of life and is a part of the European community of nations.[1]

History

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The history of the Lower Saxony state constitutions is – in contrast to that of other state constitutions – clearly linked to the development of Germany after 1945.[citation needed]

In 1951, the Provisional Constitution of Lower Saxony (VNV) was passed, a transitional constitution that regulated the state's fundamentals until the reunification of the divided Germany. Since the Provisional Constitution of Lower Saxony was able to refer to the Basic Law for the Federal Republic of Germany, which had already been created in 1949, a catalogue of fundamental rights was dispensed with - as was the case, for example, in the Constitution of the Free and Hanseatic City of Hamburg. The historical circumstances were taken into account by Article 56: “The cultural and historical interests of the former states of Hanover, Oldenburg, Braunschweig and Schaumburg-Lippe are to be preserved and promoted through legislation and administration.” With the reunification of Germany on October 3, 1990, the provisional nature of the constitution was lifted. The new Lower Saxony Constitution of 1993 was thus created on the basis of the Provisional Constitution of Lower Saxony, to which, among other things, basic rights and state objectives were added. Article 72 takes over the provisions of Article 56.[citation needed]

Constitutional amendments

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The Constitution of Lower Saxony has been amended six times so far:

  • Law amending the Constitution of Lower Saxony of June 6, 1994 (Nds. GVBl. p. 229)
  • Second Law amending the Constitution of Lower Saxony of November 20, 1997 (Nds. GVBl. p. 480)
  • Art. 1 of the Law amending the Constitution of Lower Saxony and the Law on the State Court of January 27, 2006 (Nds. GVBl. p. 58)
  • Art. 1 of the Law amending the Constitution of Lower Saxony of June 18, 2009 (Nds. GVBl. 276)
  • Art. 1 of the Law amending the legal status of the State Commissioner for Data Protection of June 30, 2011 (Nds. GVBl. p. 210)
  • Art. 1 of the Law on the Debt Brake in Lower Saxony of October 23, 2019 (Nds. GVBl. p. 288)

Literature

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  • Volker Epping, Hermann Butzer, Ulrich Haltern, Veith Mehde, Kay Waechter, Frauke Brosius-Gersdorf (Hrsg.): Hannoverscher Kommentar zur Niedersächsischen Verfassung. Nomos Verlag, Baden-Baden 2012, ISBN 978-3-8329-6005-6.
  • Lothar Hagebölling: Niedersächsische Verfassung. Kommentar. Kommunal- und Schul-Verlag, Wiesbaden 1996.
  • Heinrich Korte (Begr.): Verfassung und Verwaltung des Landes Niedersachsen. 2. Aufl., Vandenhoeck & Ruprecht, Göttingen 1986.
  • Heinzgeorg Neumann: Die Niedersächsische Verfassung, Handkommentar. 3. Aufl., Boorberg Verlag, Stuttgart, München, Hannover, Berlin, Weimar, Dresden 2000, ISBN 3-415-02651-5.

References

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  1. ^ a b "Welcome to the Lower Saxony State Parliament" (PDF). Landtag of Lower Saxony. Archived (PDF) from the original on 2024-09-05.
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