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Cualidad estatal, soberanía, autonomía constitucional y competencia en la República

Keywords: federalism , Federal Republic of Germany , sovereignty , constitutiona lautonomy , L nder constitutions , competition.

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Abstract:

The study of the legal nature, position in the system of legal sources, content and functions of the constitutions of the L nder requires a prior analysis of the following: the quality state of the L nder, sovereignty, constitutional autonomy and competence. To this end the bulk of the paper is devoted, if only to conclude that within the German federal state it is not sovereignty and constitutional autonomy that account completely for theposition of each state (Federation and L nder) throughout the legal and political system. They also fail to give an accurate idea of the complexity of the German legal system, consisting of multiple standards both constitutional and legal. All this can only be properly tackled starting from the premise that the federal Constitution, the Fundamental Law of Bonn, applies not only to the Federal Republic of Germany, but acts also as a (re) constituent rule for the L nder, and this irrespective of the fact that theL nder, in turn, are equipped with their own constitutions. It is the division of responsibilities carried out by the Basic Law that allows, therefore, for all this plurality of state entities (the Federation and the 16 L nder) and complexity of constitutional rules (the Basic Law and the 16 constitutions of the L nder) to coexist agreeably.

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