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German Judicial Acceptance of European Law Supremacy

KAREN J. ALTER

in Establishing the Supremacy of European Law: The Making of an International Rule of Law in Europe

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199260997
eISBN:
9780191717505
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199260997.003.0003
Subject:
Law, Comparative Law, Private International Law

Germany is a clear example of how judicial rivalries and divergent judicial preferences regarding European legal issues have shaped the process of doctrinal change. Divergent preferences created a ... More


Family policy: charting new waters

Jochen Clasen

in Reforming European Welfare States: Germany and the United Kingdom Compared

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199270712
eISBN:
9780191603266
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199270716.003.0006
Subject:
Political Science, Political Economy

The chapter discusses three periods of policy change in the field of family policy. Concentrating on basic aspects of family support, such benefits and tax allowances for families, as well as pension ... 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


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


Anna Maria van Schurman and Other Women Scholars of Northern and Central Europe

Jane Stevenson

in Women Latin Poets: Language, Gender, and Authority from Antiquity to the Eighteenth Century

Published in print:
2005
Published Online:
September 2007
ISBN:
9780198185024
eISBN:
9780191714238
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198185024.003.0015
Subject:
Literature, Women's Literature

This chapter examines poor survival rate of early modern German books. It emphasizes an increasing interest in women's capabilities and education, and discusses pietism as a movement that encouraged ... 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


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 Human Dignity of Embryos?: The German Case

Anja J. Karnein

in A Theory of Unborn Life: From Abortion to Genetic Manipulation

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199782475
eISBN:
9780199933297
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199782475.003.0002
Subject:
Law, Philosophy of Law

This chapter explores to what extent the Personhood Dependent Principle (PDP) as it is developed in Chapter One is an attractive principle for a country such as Germany, with strong constitutional ... More


After Hitler: 1951–1975

Justin Collings

in Scales of Memory: Constitutional Justice and Historical Evil

Published in print:
2021
Published Online:
February 2021
ISBN:
9780198858850
eISBN:
9780191890963
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858850.003.0004
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter explores the German Constitutional Court’s engagement with the memory of Nazism in the first quarter century of the Court’s operation. The chapter shows how the Court came to identify ... 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


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


Defiance by a Constitutional Court—Germany

Franz C Mayer

in The Enforcement of EU Law and Values: Ensuring Member States' Compliance

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198746560
eISBN:
9780191808487
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198746560.003.0024
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter considers the highly problematic issue of defiance by a court. Notably, the chapter focuses on defiance by national courts in the context of European integration—a phenomenon which has ... More


From the Gulf War to Somalia: cracks in the old consensus

Anja Dalgaard-Nielsen

in Germany, Pacifism and Peace Enforcement

Published in print:
2006
Published Online:
July 2012
ISBN:
9780719072680
eISBN:
9781781701386
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719072680.003.0004
Subject:
Political Science, European Union

The process of redefining the role of military means in Germany's foreign and security policy can be divided into three phases. This chapter considers the first phase: from German unification through ... More


Forever in Hitler’s Shadow? The Court since 1975

Justin Collings

in Scales of Memory: Constitutional Justice and Historical Evil

Published in print:
2021
Published Online:
February 2021
ISBN:
9780198858850
eISBN:
9780191890963
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858850.003.0005
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter highlights the German Constitutional Court’s mnemonic jurisprudence in the modern era. It shows how the Court has continued to invoke the Nazi era, and the collapse of the Weimar ... 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


Multiple Currency Clauses and Currency Reform: The Austrian Coupon Cases

Rastko Vrbaski

in Money in the Western Legal Tradition: Middle Ages to Bretton Woods

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198704744
eISBN:
9780191774041
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198704744.003.0026
Subject:
Law, Legal History

This chapter presents a case study of the Austrian Coupon Cases of the 1870s and 1880s, which involved internationally issued bonds of Austrian railway companies that were originally denominated in ... 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 Courts and the Crisis

Alicia Hinarejos

in The Euro Area Crisis in Constitutional Perspective

Published in print:
2015
Published Online:
August 2015
ISBN:
9780198714958
eISBN:
9780191783128
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714958.003.0009
Subject:
Law, EU Law

The sovereign debt crisis has caused significant changes in the architecture of EMU and its constitutional underpinnings, and it has unleashed a broad debate on the future of European integration. ... More


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