De begrippen ‘materiële’ en ‘formele’ wetten

Afbeeldingsresultaat voor site:ilocate.nl

Wetgeving Wetgeving is een belangrijk instrument van de overheid om haar taak te kunnen vervullen. Wetgeving is geen doel op zichzelf, maar een middel om ontwikkelingen in de maatschappij te volgen of te sturen. Wetgeving kan worden omschreven als het maken van regels, die voor herhaalde toepassing vatbaar zijn en waarvan de naleving kan worden afgedwongen. Hiermee wordt bedoeld dat bijvoorbeeld de regel ‘het is verboden om door rood licht te rijden’ in elke situatie opnieuw toepasbaar is en kan worden afgedwongen, in dit geval met een geldboete.
Art. 81 Gw bepaalt dat de wetgevende macht gezamenlijk door de regering en Staten-Generaal wordt uitgeoefend. In plaats van ‘regering’ worden ook de termen ‘Koning’ of ‘Kroon’ gebruikt. Uit deze Grondwetsbepaling blijkt al direct dat de wetgevende macht niet het uitsluitend recht is van de StatenGeneraal alleen. Zonder de regering kunnen de Staten-Generaal geen wet tot stand brengen. Evenmin is de regering in staat om zonder de Staten-Generaal een wet te maken.
De wetten die door flexplek utrecht regering en Staten-Generaal tot stand worden gebracht, heten fo rmele wetten. Dit ter onderscheiding van het begrip materiële wetten. Formele wetten zijn het product van samenwerking van regering en StatenGeneraal. Met het begrip materiële wetten wordt aangeduid dat het gaat om algemeen verbindende voorschriften, ongeacht door welk orgaan deze wetten zijn vastgesteld. Welke organen buiten regering en Staten-Generaal bevoegd zijn om wetten uit te vaardigen, komt aan de orde in subparagraaf 2.5.1.
De begrippen ‘materiële’ en ‘formele’ wetten kunnen, zoals eerder gezegd, als volgt worden gecombineerd: 1 Materiële wetten die tevens formele wetten zijn. Dit zijn wetten gemaakt door regering en Staten-Generaal, die tevens algemeen verbindende voorschriften bevatten, zoals het Wetboek van Strafrecht, de Wet milieubeheer en de Woningwet. 2 Materiële wetten die niet tevens wetten in formele zin zijn. Dit zijn wetten afkomstig van andere organen dan de regering en Staten-Generaal, die tevens algemeen verbindende voorschriften bevatten, zoals de algemene plaatselijke verordening van de gemeente. 3 Formele wetten die niet tevens wetten in materiële zin zijn. Dit zijn wetten die gemaakt worden door regering en Staten-Generaal, maar geen algemeen verbindende voorschriften bevatten, zoals de begrotingswetten.

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