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The Federal Republic of Germany

Steven Gow Calabresi

in The History and Growth of Judicial Review, Volume 2: The G-20 Civil Law Countries

Published in print:
2021
Published Online:
August 2021
ISBN:
9780190075736
eISBN:
9780190075767
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190075736.003.0004
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter looks at the German system of judicial review of the constitutionality of legislation, which has been borrowed by virtually all of the civil law countries in the world as being the one ... More


Prefab Prevails

Mary Elise Sarotte

in 1989: The Struggle to Create Post-Cold War Europe

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691163710
eISBN:
9781400852307
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691163710.003.0005
Subject:
History, European Modern History

This chapter focuses on the prefab model, which was proposed by the Western allies in 1990. The United States and West Germany convincingly made the case for taking the West's prefabricated ... More


Würde des Menschen: Restoring Human Dignity in Post-Nazi Germany

Christoph Goos

in Understanding Human Dignity

Published in print:
2013
Published Online:
January 2015
ISBN:
9780197265642
eISBN:
9780191760389
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265642.003.0003
Subject:
Law, Human Rights and Immigration

Historical considerations have so far played a rather subordinate role in the interpretation of Article 1 German Basic Law. This is unfortunate, because the records of the proceedings of the ... More


Constitutional Rights and the Rule of Law

T.R.S. Allan

in Institutionalized Reason: The Jurisprudence of Robert Alexy

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199582068
eISBN:
9780191739354
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199582068.003.0006
Subject:
Law, Philosophy of Law

This chapter offers a view of Alexy's study of the German Basic Law which treats it as an account, more broadly, of the ideal of the rule of law, given appropriate shape as a theory of ... More


The Interrelationship Between Domestic Judicial Mechanisms and the Strasbourg Court Rulings in Germany

Sebastian Müller and Christoph Gusy

in The European Court of Human Rights: Implementing Strasbourg's Judgments on Domestic Policy

Published in print:
2013
Published Online:
January 2014
ISBN:
9780748670574
eISBN:
9780748689101
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748670574.003.0002
Subject:
Law, Human Rights and Immigration

Focusing on Germany, this chapter explores the national system of rights review and the constellation of the domestic structures and actors involved in the implementation of the ECtHR's judgments. ... More


Why Amendment Rules?

Richard Albert

in Constitutional Amendments: Making, Breaking, and Changing Constitutions

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190640484
eISBN:
9780190640514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190640484.003.0002
Subject:
Law, Constitutional and Administrative Law

Virtually all constitutions codify amendment rules. But why? What are the uses and purposes of constitutional amendment rules? Amendment rules of course create a legal process for reformers to alter ... 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


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


Dignity in a Legal Context: Dignity as an Absolute Right

Dieter Grimm

in Understanding Human Dignity

Published in print:
2013
Published Online:
January 2015
ISBN:
9780197265642
eISBN:
9780191760389
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265642.003.0021
Subject:
Law, Human Rights and Immigration

This chapter concentrates on dignity as a legal notion. Which difference does it make if a term like ‘dignity’ appears in a theological or a philosophical text or in a law? What happens when an ... More


The Vanishing Absolute and the Deconsecrated God: A Theological Reflection on Revelation, Law, and Human Dignity

Tina Beattie

in Understanding Human Dignity

Published in print:
2013
Published Online:
January 2015
ISBN:
9780197265642
eISBN:
9780191760389
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265642.003.0014
Subject:
Law, Human Rights and Immigration

Drawing on Giorgio Agamben’s idea of homo sacer and on the Catholic natural law tradition, Beattie explores the paradoxes and tensions inherent in the Christian understanding of divine justice and ... More


The Origins and Transformation of the Concept of the Constitution

Dieter Grimm

in Constitutionalism: Past, Present, and Future

Published in print:
2016
Published Online:
October 2016
ISBN:
9780198766124
eISBN:
9780191829277
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766124.003.0001
Subject:
Law, Constitutional and Administrative Law

This introductory chapter traces the development of the constitution as a legal concept. It shows how the revolutionary disruptions of 1776 and 1789 helped to bring about a solution to the permanent ... More


Dieter Grimm: Advocate of the Constitution

Dieter Grimm

Published in print:
2020
Published Online:
October 2020
ISBN:
9780198845270
eISBN:
9780191880551
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198845270.001.0001
Subject:
Law, Constitutional and Administrative Law

Dieter Grimm is one of Germany’s foremost scholars of constitutional law and theory with a high international reputation and an exceptional career. He teaches constitutional law at Humboldt ... More


Administrative Procedure and Judicial Review in Germany: Lilly Weidemann

Lilly Weidemann

in Judicial Review of Administration in Europe

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198867609
eISBN:
9780191904370
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867609.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter explores administrative procedure and judicial review in Germany. The German Basic Law contains a guarantee of access to justice. According to section 40(1) of the Code of Administrative ... More


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