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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


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


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


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


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


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


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


Constitutional Rights without the Notion of OptimizationLimiting Judicial Activism in the Realm of Social and Economic Rights

Axel Tschentscher

in Constitutionalism: Old Dilemmas, New Insights

Published in print:
2021
Published Online:
July 2021
ISBN:
9780192896759
eISBN:
9780191919046
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192896759.003.0010
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter argues that apex courts should not take the place of the legislative or the executive branch. It takes a critical stance towards the notion of optimization that legal principles entail. ... 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


One Court and Many Cultures: Jurisprudence in Conflict

Rainer Forst

in Normativity and Power: Analyzing Social Orders of Justification

Published in print:
2017
Published Online:
December 2017
ISBN:
9780198798873
eISBN:
9780191839535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198798873.003.0007
Subject:
Political Science, Political Theory

This chapter considers the conflicts presided over by constitutional courts in multicultural societies or in societies undergoing cultural change. In making their decisions, constitutional courts ... More


Financial Crisis, National Parliaments, and the Reform of the Economic and Monetary Union

Ingolf Pernice

in National Parliaments after the Lisbon Treaty and the Euro Crisis: Resilience or Resignation?

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198791621
eISBN:
9780191834004
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198791621.003.0007
Subject:
Law, EU Law

This chapter first discusses some essential propositions developed by the German Federal Constitutional Court (GFCC) regarding the protection of the German Parliament (Bundestag) and the principle of ... More


On the Status of the EU’s Democratic Legitimacy after Lisbon

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/9780198805120.003.0004
Subject:
Law, EU Law

This chapter examines the status of the EU’s democratic legitimacy after Lisbon: the treaty, which forms the legal foundation of the EU, and the 2009 judgment of the German Federal Constitutional ... More


Europe Needs Principles, Not Pragmatism

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/9780198805120.003.0012
Subject:
Law, EU Law

This chapter examines the question of European statehood, arguing that what is needed is not pragmatism but greater orientation to principles and more explanations of consequences. It first considers ... More


Title II Provisions on Democratic Principles

Tobias Lock

in The EU Treaties and the Charter of Fundamental Rights: A Commentary

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198794561
eISBN:
9780191927874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759393.003.12
Subject:
Law, EU Law

The inclusion of this title by the ToL can be seen as a reaction to the debate around an alleged democratic deficit of the EU. Some, including the German Federal Constitutional Court (BVerfG), rely ... More


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