Legislative power is divided between the federation and the state level. The Basic Law presumes that all legislative power remains at the state level unless otherwise designated by the Basic Law itself.
Any federal law overrides state law if the legislative power lies at the federal level. A famous example is the purported Hessian provision for the death penalty, which goes against the ban on capital punishment under the Basic Law, rendering the Hessian provision invalid. The Bundesrat is the federal organ through which the states participate in national legislation. State participation in federal legislation is necessary if the law falls within the area of concurrent legislative power, requires states to administer federal regulations, or is so designated by the Basic Law. Every state has its own constitutional court. The Amtsgerichte, Landgerichte and Oberlandesgerichte are state courts of general jurisdiction. They are competent whether the action is based on federal or state law.
Many of the fundamental matters of administrative law remain in the jurisdiction of the states, though most states base their own laws in that area on the 1976 Verwaltungsverfahrensgesetz (Administrative Proceedings Act) covering important points of administrative law. The Oberverwaltungsgerichte are the highest level of administrative jurisdiction concerning the state administrations, unless the question of law concerns federal law or state law identical to federal law. In such cases, final appeal to the Federal Administrative Court is possible.
