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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Preemption

Ian B Lee

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 30 June 2022

Subject(s):
Supremacy — Legitimacy — Public interest — Rule of law — Federal constitutions — Comparative constitutional law — Federalism

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1 In almost all federal constitutional systems, a rule exists for resolving conflicts between otherwise valid laws by different orders of government. Commonly, though not universally, the laws enacted by a national government take precedence over—and pre-empt, or preclude the operation of—conflicting laws enacted at a subnational level. For example, the Basic Law for the Federal Republic of Germany: 23 May 1949 (as Amended to 13 July 2017) (Ger) (‘German Basic Law’ or ‘GG’) provides, in Article 31, that ‘Federal law shall take precedence over Land law’...
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