The German Federal Constitutional Court - Past, Present and Future
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The German Federal Constitutional Court has shaped not only the constitutional development in Germany from the 1950s until present times, but has also had a major impact on the political system. Society widely accepts the Court’s authority. This is due to outstanding judgments both in the early years of the Court and nowadays where the Court promotes a vision about major topics such as European integration and climate change. Nevertheless, during the seven decades of the Court’s work there were also controversies about its dominance as well as about judgments where society was polarized. In present times, the interplay between the Federal Constitutional Court and the two European courts, the European Court of Justice and the European Court of Human Rights, is part of a lively debate.
Abstract
The German Federal Constitutional Court has shaped not only the constitutional development in Germany from the 1950s until present times, but has also had a major impact on the political system. Society widely accepts the Court’s authority. This is due to outstanding judgments both in the early years of the Court and nowadays where the Court promotes a vision about major topics such as European integration and climate change. Nevertheless, during the seven decades of the Court’s work there were also controversies about its dominance as well as about judgments where society was polarized. In present times, the interplay between the Federal Constitutional Court and the two European courts, the European Court of Justice and the European Court of Human Rights, is part of a lively debate.
참고문헌 (5)
- Bomhoff, Jacco, "Lüth’s 50th Anniversary: Some Comparative Observations on the German Foundation of Judicial Balancing", German Law Journal, 9 (2008)
- Herdegen, Matthias, "Unjust Laws, Human Rights, and the German Constitution:Germany’s Recent Confrontation with the Past", Columbia Journal of Transnational Law, 32 (1994)
- Miller, Russel, "Germany’s German Constitution", Virginia Journal of Law, 57 (2017)
- Nußberger, Angelika, "Die Öffentliche Verwaltung" (2006)
- Nußberger, Angelika, "Judgments of the European Court of Human Rights – Effects and Implementation" (2014)