Abortion and Judicial Review of Statutes

1977 ◽  
Vol 12 (1) ◽  
pp. 15-31 ◽  
Author(s):  
Ernst Livneh

It is difficult to see the connection between these two topics, but on 25 February 1975 the Constitutional Court of the Federal Republic of Germany gave a decision of great importance in both fields, and although Israel adheres to another system of law, in the opinion of the writer, this decision is of great interest here too.The amendment of the German law relating to abortions, whose constitutionality was examined in the judgment mentioned, is part of a reform movement spreading from Europe to the Americas in the West and to Russia, India and Singapore in the East. It began to have influence upon legislation between the two wars (Russia 1920, Scandinavia and Switzerland in the 1930's), but gathered momentum particularly during the last decade (one of the earlier laws in this series is the English Abortion Act, 1967; one of the latest, the French Law of 17 January 1975).

2016 ◽  
Vol 51 (1) ◽  
pp. 78-106 ◽  
Author(s):  
GIOVANNI BERNARDINI

AbstractThis article focuses on the interplay between the political authorities and economic actors in the Federal Republic of Germany in the process of establishing relations with the People's Republic of China after 1949. Within this framework, the article will assess the role played by the Ost-Ausschuss der Deutschen Wirtschaft (Eastern Committee of German Economy), a semi-official organization recognized by the West German government. Both the ability of German economic actors and China's urgent need for economic contact with the West caused German-Chinese trade relations to circumvent the strict non-recognition policy followed by the West German government. The article also argues that, while economic relations heralded official recognition of the People's Republic of China by other Western European countries, in the case of the Federal Republic of Germany a division between the two spheres was finally accepted by the major actors involved, and ended only after the change of attitude imparted by the Nixon presidency in the United States during the early 1970s.


Author(s):  
A. Sindeev

At a first glance, the article is treating a private issue, namely that of the feasibility of the concept of a “Europe of citizens” in the Federal Republic of Germany. However, while discussing it we have to analyze at least three fundamental issues. 1). What is the West German democracy? 2). How democracy and Western/European integration are interlinked? 3). To what extent the concept of a “Europe of citizens” is able to lead both integration and democracy from the currently difficult situation in which are these two main components of the contemporary Western civilization?


2008 ◽  
Vol 9 (12) ◽  
pp. 2081-2094
Author(s):  
Peter E. Quint

Without much doubt, the two great pillars of American scholarship on the German Basic Law and the jurisprudence of the Federal Constitutional Court are (in the order of first appearance) Donald Kommers's monumental casebook, The Constitutional Jurisprudence of the Federal Republic of Germany and David Currie's magisterial treatise, The Constitution of the Federal Republic of Germany. Professor Kommers's comprehensive work was a milestone in a long career that has been very substantially devoted to the study of German constitutional law. In the late 1960s, Kommers spent a research year at the German Constitutional Court and, drawing in part on personal interviews with the justices, he published the first major work in English on that court. Since then, Kommers has produced a steady stream of significant works on German constitutional law.


2000 ◽  
Vol 18 (3) ◽  
pp. 1-12 ◽  
Author(s):  
Thomas Ertman

On October 3, 1990 the territory of the German Democratic Republic was incorporated into the Federal Republic of Germany, thereby ending forty-five years of German division. At the time, assessments varied widely about whether the wholesale introduction of the West German political, legal, and socioeconomic systems into the formerly communist east would be a success, and what the implications of success or failure would be for the new united Germany. Ten years later, opinions on these fundamental questions remain divided. One group of optimistic observers maintains that the full integration of the east into an enlarged Federal Republic is well underway, though these observers acknowledge that progress has been slower and more uneven than first anticipated. A more pessimistic assessment is provided by those who claim that, if the present pattern of development continues, the east will remain in a position of permanent structural weakness vis-à-vis the west in a way analogous to that of Italy’s Mezzogiorno.


Author(s):  
Nadezhda G. Geymbukh ◽  

Representatives of German state (constitutional) law define political extremism as "a set of political beliefs and aspirations... which are aimed at denying the democratic constitutional state and its fundamental values". Based on the definition, the criterion for recognising any "political belief or aspiration" as extremist is the notion of a democratic constitutional state. In line with this, the Federal Constitutional Court of the Federal Republic of Germany has given an expansive interpretation of a "free democratic state" that "constitutes a legal state order whose basis is the self-determination of the people according to the will of the majority, freedom and equality. It excludes all forms of despotism or arbitrariness. Among the basic principles of this order are at least: the protection of human rights as laid down in the Basic Law of Germany, the sovereignty of the people, the separation of powers, the responsibility of the government, the legitimacy of government, the independence of the judiciary and the principle of multi-partyism. According to article 21, paragraph 2 of the Basic Law of the Federal Republic of Germany (1949), political parties that "endeavour to harm or destroy the foundation of the free demo-cratic order or to endanger the existence of the Federal Republic of Germany" are declared unconstitutional by the Federal Constitutional Court of Germany. The possibility to ban political parties as provided for in the Basic Law of the Federal Republic of Germany guarantees the development of a democratic political system of the state. It is worth emphasising that the stability and democratism of the German political system and the stability of the constitutional order in the state depend not only on the prohibition provision in the Basic Law of the FRG, but above all on the ability of political parties to reach agreement on the basic principles of a "free democratic state system" and to implement these principles in the minds of the people. To realise these goals, Germany has the Federal Office for the Protection of the Basic Law of the Federal Republic of Germany of 1949, a public authority whose task is to control and supervise the legality of the activities of political parties. The forms of extremism in the Federal Republic of Germany are "left-wing extremism" and "right-wing extremism". In right-wing extremism, the older generation is gradually being freed from the aggressive youth, in an increased willingness to use force. Left-wing extremism has become less focused on global global themes - it has become more local and regional, more relatable and at the same time integrated. Because of the new nature of the development of extremism in a united Germany a left-right antagonism has emerged. At the same time, different tendencies of West and East Germany can be observed: in West Germany the struggle "left vs. right" prevails, in East Germany the struggle "right vs. left" prevails.


2020 ◽  
Vol 6 (2) ◽  
pp. 190
Author(s):  
Christoph Enders

The Basic Law for the Federal Republic of Germany did originally not provide for social or economic rights understood as claims to benefits. The Federal Constitutional Court (FCC) did, indeed, recognise the states obligation to protect individuals against assault by others (right to security) and further ruled that everyone has the right to use facilities provided by the state under equal conditions (right to participation). These rights, however, aim to ensure that the state uses existing means as intended. In addition, the FCC by now has recognised a “right to the guarantee of a dignified minimum subsistence”. It is an original entitlement as the state is obliged to create and provide benefits for individuals in need. This new legal construction, however, misconceives the division of responsibilities between the FCC and the legislator and collides with the principle of the separation of powers


Author(s):  
A. A. Konyukhova

This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority that issued the tax act, though in some cases to a higher tax authority. This obligatory procedure was borrowed by the Russian tax system. The trial stage of tax dispute settlement in Germany is carried out by specialized courts, forming a two-level system for legal proceedings. Thus, the tax dispute submitted to the Court is settled first by the financial lands courts and then by the higher Federal Financial Court. However, the Federal Financial Court takes into consideration only certain categories of actions listed in the Act (the Regulations) of finance courts (Finanzgerichtordnung). In Russia appeals of administrative review of tax conflicts, unlike in the German system, are handled by arbitration and general jurisdiction courts. The Supreme Arbitration Court of the Russian Federation is the supreme judicial body for settling economic disputes and other cases considered by arbitration courts in implementing federal procedural judicial supervision over their activities and provides explanations regarding judicial practices. Arbitration courts established at the level of the Federation to resolve disputes involving commercial entities, e.g. enterprises and entrepreneurs, resolve the bulk of tax disputes. These courts are composed of specially created panels of judges known as bars, i.e. groups of judges who specialize in reviewing taxation cases.


2020 ◽  
Vol 82 ◽  
pp. 9-28
Author(s):  
Tomasz Giaro

Based on a recent biography of Franz Wieacker (1908–1994) two central questions are examined. Is it allowed to analyze a young, but already prominent German law professor of the Nazi era as a pure scholar whose identity remained unchanged from the times of Weimar to the Federal Republic of Germany? Is it plausible to treat the Nazis as progenitors of current European legal history, and in particular as founding fathers of European legal tradition?


Sign in / Sign up

Export Citation Format

Share Document