Today is called an information, science and technology society, developing it is very fast speed as well as anyone can't figure out changing. This effects many parts of current age like culture, economic, society and science, specially it's important for people who have lived in here to consider change of law following it.
Following change, the government also is requesting a new style that can adequate people's need and it is an e-government. This e-government is a big switch point of thinking about Gesetzesvorbehalt.
The Gesetzesvorbehalt was appeared from some object that capitals kept their property in opposition to the authority of king in France' monarchy. This means that every administration acts must do on laws which make on Congress. It can be showed that any adminstration act never don't do it out of laws but it has some limitation as like there is no rule without some exceptions.
The Gesetzesvorbehalt has had a little bit change but it's a imperishable rule not a easy to break as ever. However we have to consider about enough relook whether continue this rule or not in the e-government because this makes new idea and have question current existence and condition about the Gesetzesvorbehalt.
The best way to keep democracy and constitutionalism is people' direct participation with various parts of nation's act like an election, lawmaking etc. But to tell the true, it's not possible and people think that it's a best plan what progress lawmaking from Congress consisted of public representative. The e-government infers to search a solution of this problem and prepares new wave which people usually have an aspiration to acquire their right from existing forms which is not satisfied their need. From now on public can do it directly based on e-government system is called a e-rulemaking system and it has a possibility the Gesetzesvorbehalt makes meaningless thing.
The e-government has advantages that induce to people participate directly their democracy and doesn't need any more the concept “Gesetzesvorbehalt”. However we can faced up to an unexpected difficulty if we wouldn't consider the different side of direct participation and no Gesetzesvorbehalt. I think This problem is fell into a legal dilemma.
This paper are consisting of five chapters; Introduce, development of Gesetzesvorbehalt, participation and cooperation systems of the e-government, reanalysis of constitutionalism and conclusion.