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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


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


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


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


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


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


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 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


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


The German Federal Constitutional Court: Present State, Future Challenges

Rainer Nickel

in Building the UK's New Supreme Court: National and Comparative Perspectives

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199264629
eISBN:
9780191698965
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264629.003.0008
Subject:
Law, Legal Profession and Ethics

This chapter discusses the ways in which the Federal Republic of Germany and its constitutional court managed the difficult problem of organizing human rights and civil rights adjudication and ... 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


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


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


Judicial Precedents

Thomas Lundmark

in Charting the Divide Between Common and Civil Law

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199738823
eISBN:
9780190259914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199738823.003.0009
Subject:
Law, Comparative Law

This chapter examines the role and importance of judicial precedents in each of the four jurisdictions: Germany, England and Wales, Sweden, and the United States. It begins with a historical overview ... More


The International Law Commission's Articles on State Responsibility and the German Federal Constitutional Court

Theodor Schweisfurth

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0079
Subject:
Law, Public International Law

This chapter deals with the critical appraisal of the decision which the Second Senate of the German Federal Constitutional Court (FCC) handed down on 26 October 2004. With respect to the question of ... More


The Interpretation of the Basic Law by the Federal Constitutional Court

Jo Eric Khushal Murkens

in From Empire to Union: Conceptions of German Constitutional Law since 1871

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199671885
eISBN:
9780191751196
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671885.003.0007
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter looks at the way the Federal Constitutional Court has interpreted the provisions of the Basic Law that deal with European integration. Three questions need to be clarified. First, what ... More


Germany’s Postwar Constitution

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/9780190682910.003.0002
Subject:
Law, Constitutional and Administrative Law

The German Federal Constitutional Court granted extensive horizontal effect to the rights in Germany’s constitution, the Basic Law, starting in the late 1950s. This chapter lays out the institutional ... More


The Structure of the Federal Constitutional Court’s Decisions in Maastricht and Lisbon

Jo Eric Khushal Murkens

in From Empire to Union: Conceptions of German Constitutional Law since 1871

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199671885
eISBN:
9780191751196
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671885.003.0008
Subject:
Law, Constitutional and Administrative Law, Legal History

The final chapter examines and compares the Maastricht (1993) and the recent Lisbon decisions (2009) of the German Federal Constitutional Court. It analyses the stucture and legimacy of the Court’s ... More


The German Prison Act: Principles and Special Provisions

Liora Lazarus

in Contrasting Prisoners' Rights: A Comparative Examination of England and Germany

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199259830
eISBN:
9780191698644
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199259830.003.0004
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter unravels the network of extra-legal, legal, and institutional factors that affect the way the German Prison Act is interpreted and applied. The chapter is organized as follows. Section ... More


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