| Abstract: | In contrast to the constitution of the constitutional monarchy, the German Basic Law established the principle of popular sovereignty and restructured the relationship between the State and the people. The doctrine of total reservation is based on this change in the constitutional structure and asserts that, since the people create the constitution and distribute the powers of the State, the parliament enjoys supremacy and the executive power is fully dependent on the legislative power. Therefore, it requires that the statutory reservation be extended to the areas of special power relations and the supply administration, and that the delegated legislation be clear and predictable. This theory, which promotes parliamentary democracy to the extreme, has been attacked by the functionalism theory of the separation of powers and the theory of essential legalism, but its democratic elements have been absorbed by the materiality theory and have become influential, playing a role in the lineage of the German theory of statutory reservation. |
