The Constitutional Jurisprudence of the Federal Republic of Germany

The Constitutional Jurisprudence of the Federal Republic of Germany PDF

Author: Donald P. Kommers

Publisher: Duke University Press

Published: 2012-11-09

Total Pages: 902

ISBN-13: 0822352664

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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.

The Constitutional Jurisprudence of the Federal Republic of Germany

The Constitutional Jurisprudence of the Federal Republic of Germany PDF

Author: Donald P. Kommers

Publisher: Duke University Press

Published: 1997

Total Pages: 656

ISBN-13: 9780822318385

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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.

The Constitution of the Federal Republic of Germany

The Constitution of the Federal Republic of Germany PDF

Author: David P. Currie

Publisher: University of Chicago Press

Published: 1994

Total Pages: 460

ISBN-13: 9780226131139

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An introduction to the study of the German constitution, beginning with an overview of the essential features of the Basic Law of Germany. The book goes on to analyze a number of decisions of the German Constitutional Court and contrasts German constitutional law with the American model.

Constitutional Law in Germany

Constitutional Law in Germany PDF

Author: Gerhard Robbers

Publisher: Kluwer Law International B.V.

Published: 2017-05-30

Total Pages: 153

ISBN-13: 9041187626

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Germany provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Germany will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

German Constitutional Law

German Constitutional Law PDF

Author: Christian Bumke

Publisher: Oxford University Press, USA

Published: 2019

Total Pages: 606

ISBN-13: 0198808097

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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.

Is the German Constitution a consequence resulting from Germany's history? An essay

Is the German Constitution a consequence resulting from Germany's history? An essay PDF

Author: M. T.

Publisher: GRIN Verlag

Published: 2016-07-18

Total Pages: 19

ISBN-13: 366826130X

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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.