Die Kollisionsregel im föderalen Ordnungsverbund

»Federal law shall take precedence over Land law.« Article 31 of the German Basic Law is one of the most ambiguous sentences of the constitution. Traditionally interpreted as a derogating rule, this Article refers to a model inspired by Hans Kelsen's Pure Theory of Law, in which the basic norm and hierarchical structure are two of the main ideas. Based on a critical revision of this model, Kai Engelbrecht develops an alternative which does not require questionable concepts such as a basic norm or hierarchical structure. The author analyzes the consequences of this change in perspective by comparing selected dogmatic questions relating to Article 31 of the German Basic Law.