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The German Federal Constitutional Court by Matthias Jestaedt,Oliver Lepsius,Christoph Möllers,Christoph Schönberger Pdf
This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.
The German Federal Constitutional Court by Matthias Jestaedt,Oliver Lepsius,Christoph Möllers,Christoph Schönberger Pdf
This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.
Constitutional Courts in Comparison by Ralf Rogowski,Thomas Gawron Pdf
The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation.
German Constitutional Law by Christian Bumke,Andreas Vosskuhle Pdf
This revised and fully up-to-date English translation of the 7th edition of the Casebook Verfassungsrecht includes a new outline of the German constitution, the BVerfG Court, and its jurisprudence. It condenses more than six decades of constitutional jurisprudence in order to familiarizereaders with the style, technique, and language of the Court.As well as an analysis of the general principles of German constitutional law, the book covers the salient articles of the German Constitution and offers relevant extracts of the Court's most important decisions on the provisions of the Basic Law. It provides notes and discussions of landmark casesto illustrate their legal and historical context and give the reader a clear understanding of the principles governing German constitutional law. The book covers the fundamental rights catalogue of the Basic Law and offers a comprehensive account of its intellectual moorings. It includes landmarkjurisprudence on the equal treatment of same-sex couples, life imprisonment, the legal structure of property, the right to assembly, and the right to informational self-presentation. The book also covers the provisions and respective case law governing the state structure of Germany, for instancethe recent decisions on the prohibition of the far-right German nationalist party, and the Court's jurisprudence on European integration, including the most recent decisions on the OMT-program of the European Central Bank.
Constitutional Courts in Comparison by Ralf Rogowski,Thomas Gawron Pdf
Constitutional litigation in general attracts two distinct types of conflict: disputes of a highly politicized or culturally controversial nature and requests from citizens claiming a violation of a fundamental constitutional right. The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation. This updated and revised second edition includes a number of new contributions on the political status of the courts in their democratic political cultures.
Author : Donald P. Kommers,Russell A. Miller Publisher : Duke University Press Page : 902 pages File Size : 49,5 Mb Release : 2012-11-09 Category : History ISBN : 9780822352662
The Constitutional Jurisprudence of the Federal Republic of Germany by Donald P. Kommers,Russell A. Miller Pdf
First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicial decisions. Compared to previous editions of The Constitutional Jurisprudence of the Federal Republic of Germany, this third edition more closely tracks Germany's Basic Law and, therefore, the systematic approach reflected in the most-respected German constitutional law commentaries. Entirely new chapters address the relationship between German law and European and international law; social and economic rights, including the property and occupational rights cases that have emerged from Reunification; jurisprudence related to issues of equality, particularly gender equality; and the tension between Germany's counterterrorism efforts and its constitutional guarantees of liberty. Kommers and Miller have also updated existing chapters to address recent decisions involving human rights, federalism, European integration, and religious liberty.
Rational Lawmaking under Review by Klaus Meßerschmidt,A. Daniel Oliver-Lalana Pdf
This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court ́s approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers’ duty to legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation experts and public law scholars to elaborate on ‘legisprudence under review’, this contributed volume aspires to shed light on the constitutionalisation of rational lawmaking as a controversial trend gaining ground in both national and international jurisdictions. The book is divided into five parts. Part I frames the two key issues pervading the whole collection: the intricate relationship between judicial review and democracy, on the one hand, and the possibility of improving and rationalizing the task of legislation under the current circumstances of politics, on the other. Part II provides an overview of the judicial review of rational lawmaking, laying special emphasis on the duty of legislative justification imposed on lawmakers by the German Constitutional Court. Part III is devoted to the review of the systemic rationality of legislation, in particular to the requirements of legislative consistence and coherence as developed by this court. Contributions in Part IV revolve around the judicial scrutiny of the socio-empirical elements of rational lawmaking, with the control of legislative facts and impacts and the problem of symbolic laws being the central topics. Finally, Part V draws on the German case law to discuss the links between rational lawmaking, balancing and proportionality, and the interdependence between process review and substantive review of legislation.
The Occurrence of Separate Opinions at the Federal Constitutional Court by Caroline Wittig Pdf
Courts with the right to constitutional review exert considerable power in a political system. However, especially for Kelsenian constitutional courts there are hardly any large-N studies. This is mainly due to a lack of data. For the German Federal Constitutional Court, this gap has been closed by building a novel database, the development of which is depicted in this book. Employing data from this database, the occurrence of separate opinions in general and their different types in particular are analyzed. The book introduces a new, universal theory that reconciles and expands existing explanations. In a second step, the theory is applied to the German Federal Constitutional Court. It can be proven that one factor that has been neglected so far plays a decisive role: The judges' behavior depends on the profession they pursue after their time in office. Moreover, the study shows that - contrary to the common literature - it is not mainly the topic that determines a case's conflict potential but rather the number of issues a decision has to address.
Author : David P. Currie Publisher : University of Chicago Press Page : 182 pages File Size : 55,8 Mb Release : 2000-04-15 Category : History ISBN : 0226131041
The Constitution of the United States by David P. Currie Pdf
A masterly introduction to the United States Constitution, this slim book leads the reader through a concise overview of the document's individual articles and amendments. With clear and accessible language, Currie then examines each of the three branches of the federal government and explains the relation between the federal and state governments. He analyzes those constitutional provisions that are designed to protect citizens from governmental interference, such as the due process and equal protection clauses and the confusing first amendment provisions respecting the separation of church and state, and includes discussions of judicial review and freedom of speech and of the press. A sympathetic yet critical guide, Currie's book enables students and laypersons to understand one of the cornerstones of the Western political tradition. The second edition, along with an updated chronology and bibliography, incorporates the Supreme Court decisions over the past decade that have affected constitutional interpretation. "Superb . . . highly recommended for those seeking a reliable, understandable, and useful introduction to our constitution."—Appellate Practice Journal and Update
The Constitutional Jurisprudence of the Federal Republic of Germany by Donald P. Kommers Pdf
Kommers's comprehensive work surveys the development of German constitutional doctrine between 1949, when the Federal Constitutional Court was founded, and 1996. Extensively revised and expanded to take into account recent developments since German unification, this second edition describes the background, structure, and functions of the Court and provides extensive commentary on German constitutional interpretation, and includes translations of seventy-eight landmark decisions. These cases include the highly controversial religious liberty and free speech cases handed down in 1995.
Is the German Constitution a consequence resulting from Germany's history? An essay by M. T. Pdf
Essay from the year 2016 in the subject Law - Philosophy, History and Sociology of Law, grade: 82%, 18 Punkte, University of Hull, language: English, abstract: According to the first Article of the German Basic Law (Grundgesetz) human dignity shall be inviolable: “Die Würde des Menschen ist unantastbar”. The fact that the protection of human dignity is enshrined at the very beginning of the Basic Law emphasises its value and significance. But has it always been like this, or rather, since when did human rights protection gain such importance? It is both interesting and necessary within comparative legal studies to look at laws and their development in various countries since legal history can support the study of comparative law. Especially constitutional issues are relevant as the functioning of a state and human co-existence are based on constitutional principles and values. An analysis of the historic developments permits a better understanding of law in general as well as a critical analysis of one’s own domestic legal system. The aim of this essay is to analyse the German constitution and its emphasis on human rights protection in the Federal Constitutional Court (Bundesverfassungsgericht) and to discuss whether it is a consequence resulting from Germany’s history. First, this essay will present an overview of Germany’s history with particular focus on the period of the Weimar Republic and the National Socialism. In the next section, it will outline the history of origins of the Basic Law as well as its catalogue of fundamental rights, followed by an illustration of the competences of the Federal Constitutional Court in contrast to its predecessors. Finally, a short comparison with regard to the American, French and British Constitution will be drawn.
Decisions of the Bundesverfassungsgericht (Federal Constitutional Court) Federal Republic of Germany by Germany. Bundesverfassungsgericht Pdf
The third volume of the series aDecisions of the Bundesverfassungsgericht ́ contains 37 selected decisions of the Federal Constitutional Court, inter alia from the areas of civil law, criminal law, property law, labour law, pensionís law and civil-service law, which have been reached in succession of the German reunification.
