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Supranational Delegation and National Judicial Review since the 1960s

Peter L. Lindseth

in Power and Legitimacy: Reconciling Europe and the Nation-State

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195390148
eISBN:
9780199866397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195390148.003.0005
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter focuses on the effort to translate the judicial dimension of the postwar constitutional settlement into supranational form. The chapter initially summarizes the critical role played by ... More


National Constitutionalism, Openness to International Law, and the Pragmatic Limits of European Integration—European Law in the German Constitutional Court from EEC to the PJCC †

Carl Lebeck

in Comparative Law as Transnational Law: A Decade of the German Law Journal

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.003.0028
Subject:
Law, Public International Law

The basic principle for the Bundesverfassungsgericht (German Federal Constitutional Court) has been that the international delegation of limited and revocable powers generally has been accepted as ... More


The German Federal Constitutional Court: The Court Without Limits

Matthias Jestaedt, Oliver Lepsius, Christoph Möllers, and Christoph Schönberger

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198793540
eISBN:
9780191835322
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793540.001.0001
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This translation into English of the leading German-language work on the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) gives an overview of both the Court’s history and its ... More


Germany

Michal Bobek

in Comparative Reasoning in European Supreme Courts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199680382
eISBN:
9780191760280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680382.003.0008
Subject:
Law, Constitutional and Administrative Law, Comparative Law

The chapter deals with Germany. Although the German legal tradition is relatively open to non-mandatory legal inspiration, the sources of such inspiration are nonetheless generally limited to sources ... More


Diffuse Constitutionality Review in Germany

Mathias Möschel

in Constitutionalism under Stress

Published in print:
2020
Published Online:
October 2020
ISBN:
9780198864738
eISBN:
9780191896774
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198864738.003.0017
Subject:
Law, Constitutional and Administrative Law

This contribution analyses the cases in which ordinary German judges have annulled statutes for being unconstitutional and thus exercise what is also known as ‘diffuse constitutionality review’. In ... More


Cooperation of Constitutional Courts in Europe: The Openness of the German Constitution to International, European, and Comparative Constitutional Law

Peter M. Huber and Andreas L. Paulus

in Courts and Comparative Law

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198735335
eISBN:
9780191802096
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735335.003.0017
Subject:
Law, Comparative Law, Constitutional and Administrative Law

This chapter contains two sections, each written by a justice from one of the two Senates of the ‘twin court’ that is the German Bundesverfassungsgericht: the First Senate dealing mainly with ... More


The German Federal Constitutional Court

Anuscheh Farahat

in The Max Planck Handbooks in European Public Law: Volume III: Constitutional Adjudication: Institutions

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198726418
eISBN:
9780191890222
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198726418.003.0007
Subject:
Law, Public International Law, EU Law

This chapter discusses the German constitutional court, otherwise known as the Federal Constitutional Court (Bundesverfassungsgericht; ‘BVerfG’). It first traces the development of the German process ... More


The Basic Law as a Barrier against a Transformation of the EU into a State: Comments on the Judgment of the Federal Constitutional Court

Dieter Grimm

in The Constitution of European Democracy

Published in print:
2017
Published Online:
August 2017
ISBN:
9780198805120
eISBN:
9780191843754
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198805120.003.0011
Subject:
Law, EU Law

This chapter examines how Germany’s Basic Law can prevent the transformation of the European Union into a state. It begins with a discussion of the German Federal Constitutional Court’s ... More


Judicial Review of Economic (and Monetary) Policy: The National Courts

Menelaos Markakis

in Accountability in the Economic and Monetary Union: Foundations, Policy, and Governance

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198845263
eISBN:
9780191880544
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198845263.003.0007
Subject:
Law, EU Law

This chapter examines the jurisprudence of national courts on crisis-related measures. The material presented in this chapter will be divided into two parts. First, this chapter will examine some of ... More


Karlsruhe: Notes on a Court

Christoph Schönberger

in The German Federal Constitutional Court: The Court Without Limits

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198793540
eISBN:
9780191835322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793540.003.0001
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter charts the Federal Constitutional Court’s historical development, with a nuanced attention to the motley preconditions—and the irreducible contingency—of its remarkable rise. It begins ... More


The Karlsruhe Phenomenon: What Makes the Court What It Is

Matthias Jestaedt

in The German Federal Constitutional Court: The Court Without Limits

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198793540
eISBN:
9780191835322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793540.003.0002
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter stresses that nothing in the Federal Constitutional Court’s growth was preordained. It depicts the Court’s initially fraught relations with political actors, ordinary judges, and legal ... More


The Standard-Setting Power

Oliver Lepsius

in The German Federal Constitutional Court: The Court Without Limits

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198793540
eISBN:
9780191835322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793540.003.0003
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter chronicles the proliferation of doctrinal standards over time and underscores the bizarre lengths to which that proliferation has recently extended. It shows how the Federal ... More


Legality, Legitimacy, and Legitimation of the Federal Constitutional Court

Christoph Möllers

in The German Federal Constitutional Court: The Court Without Limits

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198793540
eISBN:
9780191835322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793540.003.0004
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter takes up the daunting question of the Federal Constitutional Court’s legitimacy. It scrutinizes possible bases of such legitimacy, carefully assesses each one, and shows them all to be ... More


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