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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


South Africa: From Constitutional Promise to Social Transformation

Heinz Klug

in Interpreting Constitutions: A Comparative Study

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199226474
eISBN:
9780191706707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226474.003.0007
Subject:
Law, Comparative Law

South Africa's emergence as a constitutional democracy after four decades of apartheid and nearly three centuries of colonialism is rightly heralded as a miracle. With 243 sections and seven ... More


Germany: The Common Interest in Consensual Politics

Michael Koß

in The Politics of Party Funding: State Funding to Political Parties and Party Competition in Western Europe

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199572755
eISBN:
9780191595103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572755.003.0007
Subject:
Political Science, Comparative Politics, Political Economy

This chapter shows that, in Germany, it was predominantly institutional veto points and party goals that facilitated the parties' consensus on their state funding that evolved in the early 1960s. As ... More


Who Owns the Economy? Property Rights, Privatization, and the Indonesian Constitution: The Electricity Law Case

Simon Butt and Tim Lindsey

in Property and the Law in Energy and Natural Resources

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579853
eISBN:
9780191722745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579853.003.0013
Subject:
Law, Public International Law, Environmental and Energy Law

Indonesia's 1945 Constitution reflects a broad mix of Leftist, nationalist and anti-colonial ideals that were influential at the time it was first drafted. Article 33 granted the state control over ... More


Much Ado About Human Rights †: The Federal Constitutional Court Confronts the European Court of Human Rights

Matthias Hartwig

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/9780199795208.003.0027
Subject:
Law, Public International Law

This chapter presents a case note from 2005, which examines the Federal Constitutional Court's controversial response to decisions of the European Court of Human Rights (ECtHR). The Federal ... More


International Law and the Evolution of (domestic) Human-Rights Law in Post-1994 South Africa

Lourens du Plessis

in New Perspectives on the Divide Between National and International Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231942
eISBN:
9780191716140
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231942.003.0012
Subject:
Law, Public International Law

This chapter addresses the approach to international law taken by the Constitutional Court of South Africa. It shows that the South African courts' openness to and positive disposition towards ... More


Avena and Sanchez-Llamas Come to Germany †: The German Federal Constitutional Court Upholds Rights Under the Vienna Convention on Consular Relations

Jana Gogolin

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/9780199795208.003.0026
Subject:
Law, Public International Law

This chapter presents a case note from 2007 which analyzes a judgment of the Federal Constitutional Court that held that, with some limits, decisions of international tribunals should be given full ... More


The Template

Cristina E. Parau

in Transnational Networking and Elite Self-Empowerment: The Making of the Judiciary in Contemporary Europe and Beyond

Published in print:
2018
Published Online:
May 2019
ISBN:
9780197266403
eISBN:
9780191879593
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266403.003.0007
Subject:
Law, Legal Profession and Ethics

This chapter analyses the origin and evolution of the Network Community’s transnational Judiciary design Template, which has now become settled public policy in post-Communist Central and Eastern ... More


Judicial Review in Practice: The Reasonableness Approach and its Shortcomings

David Bilchitz

in Poverty and Fundamental Rights: The Justification and Enforcement of Socio-economic Rights

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552160
eISBN:
9780191709456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552160.003.0006
Subject:
Law, Human Rights and Immigration

This chapter focuses on the approach of the South African Constitutional Court towards enforcing socio-economic rights. South Africa has directly justiciable, express socio-economic rights in its ... More


Judicial Activism of a Special Type: South Africa's Top Courts Since 1994

Hugh Corder

in Judicial Activism in Common Law Supreme Courts

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199213290
eISBN:
9780191707551
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199213290.003.0008
Subject:
Law, Public International Law, EU Law

This chapter examines judicial activism in South Africa's Supreme Court of Appeal and Constitutional Court. It discusses the nature of the constitution/lawmaking which has occurred over the past 15 ... More


Gerhard Leibholz (1901–1982)

Manfred H. Wiegandt

in Jurists Uprooted: German-Speaking Emigré Lawyers in Twentieth Century Britain

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199270583
eISBN:
9780191710230
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199270583.003.0017
Subject:
Law, Legal History

Among the German legal scholars who emigrated to England during the Nazi dictatorship, Gerhard Leibholz is a special case. The accumulation of a number of factors, each of which is in itself of some ... More


Germany: Balancing Rights and Duties

Donald P. Kommers

in Interpreting Constitutions: A Comparative Study

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199226474
eISBN:
9780191706707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226474.003.0005
Subject:
Law, Comparative Law

Germany's constitutional charter, adopted in 1949, is entitled the Basic Law. The Basic Law had evolved into one of the world's most admired constitutions, even rivalling that of the United States in ... More


In the Shadows of Statism: Peculiarities of the German Debates on European Integration *

Jan‐Werner Müller

in European Stories: Intellectual Debates on Europe in National Contexts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199594627
eISBN:
9780191595738
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199594627.003.0005
Subject:
Political Science, European Union, Political Theory

Jan‐Werner Müller argues that although for historical reasons Germany has no systematic tradition of Euroscepticism, German politicians and intellectuals have not always been uniformly pro‐European ... More


Consolidation, 1951–1959

Justin Collings

in Democracy's Guardians: A History of the German Federal Constitutional Court, 1951–2001

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198753377
eISBN:
9780191815003
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753377.003.0001
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

Chapter 1 has three major themes: (1) the Court’s battle for institutional independence vis-à-vis the executive and the ministry of justice, a battle that played out against the backdrop of a ... More


Courts, Continuity, and Change

Paul Craig

in The Lisbon Treaty: Law, Politics, and Treaty Reform

Published in print:
2010
Published Online:
September 2011
ISBN:
9780199595013
eISBN:
9780191729508
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595013.003.0004
Subject:
Law, EU Law

This chapter analyzes the impact of the Lisbon Treaty on the EU judiciary. It begins by examining the Lisbon Treaty amendments that affect the nomenclature of the Union courts and the rules relating ... 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


Emergence and Diffusion

Alec Stone Sweet and Jud Mathews

in Proportionality Balancing and Constitutional Governance: A Comparative and Global Approach

Published in print:
2019
Published Online:
July 2019
ISBN:
9780198841395
eISBN:
9780191876912
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198841395.003.0003
Subject:
Political Science, Political Theory

This chapter charts how proportionality has developed into a global principle of constitutional law. The German Federal Constitutional Court constitutionalized the proportionality principle, which ... More


The Holocaust Denial Decision of the Federal Constitutional Court of Germany

Dieter Grimm

in Extreme Speech and Democracy

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199548781
eISBN:
9780191720673
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199548781.003.0028
Subject:
Law, Human Rights and Immigration

This chapter presents a Holocaust denial case involving a 1994 decision by the German Constitutional Court. Decided before the amendment of section 130, the case did not concern a criminal ... More


Judicial Dialogue in a Multilevel Constitutional Network: The Role of the Portuguese Constitutional Court

Ana Maria Guerra Martins and Miguel Prata Roque

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/9780198735335.003.0018
Subject:
Law, Comparative Law, Constitutional and Administrative Law

This chapter examines whether the Portuguese Constitutional Court establishes a judicial dialogue with international, European, or even foreign constitutional courts. First, it discusses the concepts ... More


Constitutional Cascades in the Federal Republic

Jud Mathews

in Extending Rights' Reach: Constitutions, Private Law, and Judicial Power

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190682910
eISBN:
9780190682941
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190682910.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter picks up from the last, presenting the German Federal Constitutional Court’s expansive horizontal application of rights, as first announced in the landmark Lüth decision of 1958, as a ... More


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