This is our original republic, the one to which we swear our allegiance every time we swear allegiance to our flag. Beginning with an overview of the essential features of the basic law of germany, currie then. The constitutional jurisprudence of the federal republic of germany is an engaging, enlightening, indispensable source for those seeking to learn from the text and context of german constitutional jurisprudence. Constitution of the german democratic republic 7 october 1949. This translation is part of the research project international constitutional law. Americans are discovering how the federal government has caused harm, both to. Austrias constitution of 1920, reinstated in 1945, with.
Pages in category german constitutional law the following 16 pages are in this category, out of 16 total. The constitution of the federal republic of germany was drawn up in 194849 and came into force as the basic law for the federal republic of germany hereafter referred to as bl on 23 may 1949. Basic law for the federal republic of germany wikipedia. It has a parliamentary system in which the main legislative role is assigned to the german bundestag.
The bundestag is the only constitutional organ that is directly elected by the people. Since its inception with the beginning of the post world war ii republic. The constitution of the federal republic of germany, currie. The highest judicial body in the federal republic of germany is the federal constitutional court bundesverfassungsgericht.
The constitution of the federal republic of germany by david. The german federal constitutional court fcc, the bundesverfassungsgericht bverfg, provides online english translations of some of its rulings and also publishes press releases online that give a detailed summary of some rulings dating back to 2003. The constitutional jurisprudence of the federal republic of germany second edition donald p. The german federal constitutional court and european judicial. The constitutional jurisprudence of the federal republic. The german model is based on the abolition in the early 1990s of the former german democratic republic and its incorporation into the federal republic of germany, and in particular the exemplary. It was written in 1949 when germany was split into the countries of east germany and west germany. Claim and right of interest thereby reinhabiting our representative republic, the republic for the united states of america. Germanys constitution of 1949 with amendments through 2012. The constitutional jurisprudence of the federal republic of germany, 2nd ed. It is a comprehensive and accessible introduction to the study of the german constitution. The jurisprudence of free speech in the united states and the. Pdf the constitutional jurisprudence of the federal republic of.
Basic law for the federal republic of germany 23 may 1949 the parliamentary council, meeting in public session at bonn am rhein on 23 may 1949, confirmed that the basic law for the federal republic of germany, which was adopted by the parliamentary council on 8 may 1949, was ratified in the week of 16. Kommers on paperback and find more of your favourite law books in rarus online book store. The constitution of the federal republic of germany may 23rd, 1949 introduction and translation fourth edition. Jul 11, 2012 the federal constitutional court decides on the question of unconstitutionality. There have been no more amendments until today 6th july 2016. Kommers this article compares the constitutional thought of the united states supreme court and the west german federal constitutional court in the area of free speech. Published by duke university press kommers, donald p. Miller with a new foreword by justice ruth bader ginsburg duke university press durham and london 2012. By virtue of this fact the parliamentary council, represented by. This book investigates the sources and limits of judicial authority, focusing on the central role of public support for judicial independence.
Structure of government in the page 1 federal republic of germany. Citizens can demand an examination of their cases before this court if they believe their. The basic law was approved on 8 may 1949 in bonn, and, with the signature of the occupying western allies of world war ii on 12 may, came into effect on 23 may. Pdf the constitutional jurisprudence of the federal. The role of the german federal constitutional court law and. For my part, i found through this book and in kommers other writings the german basic laws german constitutions approach to right to life for preborn babies absolutely fascinating, in that human dignity which is at the pinnacle. Article 93 jurisdiction of the federal constitutional court article 94 composition of the federal constitutional court article 95 supreme federal courts article 96 other federal courts article 97 judicial independence article 98 legal status of judges impeachment article 99 constitutional disputes within a land. Austrias constitution of 1920, reinstated in 1945, with amendments through 20 subsequently amended. Many parts of the constitution are very different from the constitution of the weimar republic. It interprets the provisions of the basic law and decides whether laws are constitutional.
Of the major european legal systems, germany, with its higherlaw consti tution, an expansive list of individual constitutional rights, and a special court explicitly charged with their enforcement, has been at the forefront of the development of a european human rights jurisprudence. Basic law for the federal republic of germany gesetze im internet. The constitutional jurisprudence of the federal republic of. Federal republic a constitutional government in which the powers of the central government are limited by law to create individual states or providences with certain degrees of selfgoverning powers, e. All amendments up to and including the 60th amendment of 23rd december 2014 have been translated and included into a consolidated edition. Constitutional jurisprudence of the federal republic of. A federal republic is a federation of states with a republican form of government. On 7 october 1949, the constitution of the german democratic republic gdr is adopted in berlin. Kommerss comprehensive work surveys the development of german constitutional doctrine between 1949, when the federal constitutional court was founded.
It was based on a draft framed by a group of experts appointed by the prime. Click here to buy constitutional jurisprudence of the federal republic of germany by donald p. The constitutional jurisprudence of the federal republic of germany is a gold mine for scholars interested in german or west european politics, for those. Political institutions in the federal republic of germany. Bverfg is the supreme constitutional court for the federal republic of germany, established by the constitution or basic law grundgesetz of germany.
The basic law of the federal republic of germany is the name of germany s constitution. 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 basic law for the federal republic of germany german. In response to the disastrous experience of the weimar republic, in the federal republic the choice fell on the latter with the result that the political powers of the president were significantly. A leading scholar of the constitution of the united states, david currie, in this book turns his attention to one of the most important bodies of constitutional law in the world, the basic law of germany.
The german federal constitutional court and the communist. At its core, the literal meaning of the word republic when used to reference a form of government means. Basic law for the federal republic of germany deutscher. The basic law for the federal republic of germany is the constitution of the federal republic of germany. Millers discussions of key developments in german constitutional law are augmented by elegantly. These are separate supreme courts that do not deal with appellate cases in civil and criminal law but rather, just in constitutional cases. Basic law of the federal republic of germany simple english. Kommers duke university press durham and london 1997. Basic law for the federal republic of germany full text in format. Constitutional jurisprudence of the federal republic of germany 34552. Article 22 capital, federal flag 1 the capital of the federal republic of germany is berlin. The constitutional jurisprudence of the federal republic of germany third edition, revised and expanded donald p. Constitutional court cases in germany law library of congress.
The constitutional jurisprudence of the federal republic of germany. The courts of law in the federal republic of germany. First published in 1989, the constitutional jurisprudence of the federal republic of germany. The german federal constitutional court and the communist party decision edward mcwhinneyt i. The representation of the whole state in the capital is a task of the federation. From the foreword by ruth bader ginsburg, associate justice, the supreme court of the united states. The constitutional jurisprudence of the federal republic of germany kommers, donald p. The basic law of the federal republic of germany frg is signed in bonn on 23 may 1949. Article 94 composition of the federal constitutional court article 95 supreme federal courts article 96 other federal courts article 97 judicial independence article 98 legal status of judges impeachment. Constitution of the german democratic republic 7 october 1949 caption.
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