Campaign and Party Finance in the West German “Party State”

1988 ◽  
Vol 50 (1) ◽  
pp. 30-48 ◽  
Author(s):  
Arthur B. Gunlicks
Keyword(s):  
Political Parties ◽  
The United States ◽  
Constitutional Court ◽  
Public Financing ◽  
Business Interests ◽  
Basic Law ◽  
Federal Constitutional ◽  
The Impact ◽  
Party State ◽  
Billboard Advertising

In contrast to the United States, where there is little or no public financing of parties and candidates below the presidential level, the German “party state” grants generous subsidies in a variety of forms to the political parties, though not to individual candidates. The German Basic Law (constitution), various laws passed by the national and Land (state) parliaments, and the Federal Constitutional Court have been important factors in the development of a complex and costly system of public financing for election campaigns, parliamentary parties and party foundations and for free television and radio time and billboard advertising space. In addition, the federal government incurs large tax expenditures through the encouragement of tax deductible contributions to political parties. In spite of the crucial role which public financing has assumed, recent scandals have occurred involving illegal contributions from business interests. A revised party law of 1984 and a Federal Constitutional Court decision in July 1986 have brought about significant changes, but controversy in Germany over public financing and the impact of recent reforms continues.

4 Germany: Balancing Rights and Duties

2007 ◽  
Author(s):  
Kommers Donald P
Keyword(s):  
The United States ◽  
West Germany ◽  
Constitutional Court ◽  
Judicial Decision ◽  
Constituent Power ◽  
Judicial Decision Making ◽  
East And West Germany ◽  
Basic Law ◽  
Positive Rights ◽  
Federal Constitutional

Germany's constitutional charter, adopted in 1949, is entitled the Basic Law. The Basic Law had evolved into one of the world's most admired constitutions, even rivalling that of the United States in influence and prestige around the world. So when the day of unity finally arrived in 1990, East and West Germany merged under the imprint of the Basic Law itself. Today, in both structure and substance, although frequently amended, it remains the constitutional text of reunited Germany. This chapter discusses the constitutive assembly of Germany, constituent power and reunification, general features of the Basic Law, supremacy of the constitution, constitutional structure, amending process, the Federal Constitutional Court, problems of constitutional interpretation, conception of the constitution, negative and positive rights, horizontality of rights, sources of interpretation, approaches to interpretation, the civil law tradition, and style of judicial decision-making.

scholarly journals FORMS OF EXTREMISM IN THE FEDERAL REPUBLIC OF GERMANY

2020 ◽  
pp. 25-31
Author(s):  
Nadezhda G. Geymbukh ◽  
Keyword(s):  
Political Parties ◽  
Federal Republic ◽  
Constitutional Court ◽  
Federal Republic Of Germany ◽  
Left Wing ◽  
Basic Law ◽  
The People ◽  
Democratic State ◽  
Federal Constitutional ◽  
The Stability

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.

scholarly journals The Federal Constitutional Court in the German Political System

1994 ◽  
Vol 26 (4) ◽  
pp. 470-491 ◽  
Author(s):  
DONALD P. KOMMERS
Keyword(s):  
Political Parties ◽  
Political System ◽  
Critical Role ◽  
Constitutional Court ◽  
Parliamentary Democracy ◽  
Basic Law ◽  
The Supreme Court ◽  
Federal Constitutional ◽  
The Guardian ◽  
German Court

The Federal Constitutional Court is an important policy-making institution in the German political system. As the guardian of the Basic Law, the Constitutional Court has played a critical role in umpiring the federal system, resolving conflicts among branches of the national government, overseeing the process of parliamentary democracy, monitoring the financing of political parties, and reviewing restrictions on basic rights and liberties. In each of these areas, the Court's decisions have shaped the contours of German life and politics. Its influence is fully the equal of that of the Supreme Court in American politics. Despite its “activist” record of nullifying laws favored by legislative majorities, the German Court has managed to retain its institutional independence as well as the trust of the general public.

Rezeption und Einfluss der American Constitution in den deutschen Verfassungsdebatten, 1789 bis 1949

2008 ◽  
Vol 6 (1) ◽  
pp. 38-57
Author(s):  
Thomas Fröschl
Keyword(s):  
Constitutional Court ◽  
American Constitution ◽  
National Socialist ◽  
Basic Law ◽  
Federal Constitution ◽  
Time Period ◽  
German Speaking ◽  
Federal Constitutional ◽  
Constitutional Thought ◽  
The Impact

Perception and Impact of the American Constitution on German Constitutional Debates, 1789–1949 This article considers the impact of the American federal constitution of 1787 on German constitutional debates. Its prime chronological focus is on the nineteenth century, as this time period has so far received relatively little systematic scholarly attention. The article examines both the political rhetoric that emphasised – and often exaggerated – American influences and the practical impact these debates had on constitutions in German-speaking countries. The article highlights the extreme complexity of such developments, with very widely different perceptions of what ‹America› stood for, being used as a reference point in constitutional debates. The direct impact of American constitutional thinking on the structure and design of constitutions in German countries remained, however, very limited. It was only after the unconditional surrender of National Socialist Germany that a constitutional order emerged in the Federal Republic in 1949 that embodied significant elements of American (or more generally ‹Western›) constitutional thought, most importantly in the provisions for ‹basic rights› and a Federal Constitutional Court in the West German Basic Law.

The Impact of the German Federal Constitutional Court on Politics and Policy Output

1985 ◽  
Vol 20 (4) ◽  
pp. 522-542 ◽  
Author(s):  
Christine Landfried
Keyword(s):  
Active Role ◽  
Legal Positivism ◽  
Constitutional Court ◽  
Federal Republic Of Germany ◽  
Founding Fathers ◽  
Basic Law ◽  
Federal Constitutional ◽  
The Impact ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional

THE HISTORICAL EXPERIENCE OF THE SURRENDER OF LEGAL positivism to the prevalence of injustice under the nazi regime and the concern to create a real federation led the founding fathers of the Federal Republic of Germany to create the most powerful Constitutional Court in the world for the control of the formal and material constitutionality of laws.This Court, a supreme constitutional organ like the Bundestag and the Bundesrat, is organized in two chambers, called Senates. The First Senate has jurisdiction over basic rights, the Second Senate decides all questions of political disputes. Though the Court only acts on request, it does nevertheless play an active role in shaping politics and policy output. The jurisdiction of this Court is the ‘authentic interpretation of the Constitution’ and it cannot be qualified as normal jurisdiction, because many provisions of the Basic Law are open to different interpretations and call for a reference to sources and premises beyond the document itself.

International Treaties and The German Constitution

2019 ◽  
pp. 171-190
Author(s):  
Stefan Kadelbach
Keyword(s):  
German Law ◽  
Foreign Affairs ◽  
European Convention ◽  
Constitutional Court ◽  
International Treaties ◽  
Basic Law ◽  
The Status ◽  
German Constitution ◽  
Federal Constitutional

This chapter deals with the making, status, and interpretation of international treaties under the German Constitution. It describes the interrelationship of the different institutions in treaty-making and shows how a comparatively old provision of the German Basic Law has been adapted slowly to new circumstances over the past decades. Thus, even though foreign affairs has remained a domain of the executive, several developments have contributed to an enhanced role of Parliament over time. These developments are partly due to the role of special sectors of law such as EU law and the law governing the use of force and partly due to changes in constitutional practice. As for the status of treaties in German law, the Federal Constitutional Court has developed a stance according to which treaties generally share the rank of the legal act that implements them into domestic law. A notable exception is the European Convention of Human Rights, which has assumed a quasi-constitutional rank by means of consistent interpretation. Some reference is made to other continental systems to assess how far different constitutions bring about certain features; various systems appear similar in many respects at first sight, whereas features in which they differ may be a source of inspiration for future constitutional practice.

Public Sector Purchase Programme (PSPP) Case

2021 ◽  
Vol 192 ◽  
pp. 451-511
Keyword(s):  
European Union ◽  
Constitutional Court ◽  
Eu Law ◽  
The European Union ◽  
European Central ◽  
Court Of Justice ◽  
Basic Law ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional

451Economics, trade and finance — European Monetary Union — Fiscal sovereignty — Public debt — Monetary policy — Economic policy — European Union — Asset purchase programme — Quantitative easing — Central banks — European Central Bank — European System of Central Banks — BundesbankTreaties — Treaty-making powers — Constitutional limitations on treaty-making powers — Transfers of powers by States to intergovernmental and other transnational authorities — Whether compatible with constitutional prerogatives of national parliament — Overall budgetary responsibility — Basic Law of GermanyInternational organizations — European Union — Powers — Member States as masters of the treaties — Principle of conferral — Whether Union having competence to determine or extend its own powers — Principle of subsidiarity — Court of Justice of the European UnionRelationship of international law and municipal law — European Union law — Interpretation — Application — Judgment of Court of Justice of the European Union — Weiss — Principle of proportionality — Whether application of EU law having absolute primacy — Whether German Federal Constitutional Court having absolute duty to follow judgment of Court of Justice of the European Union — Compatibility with Basic Law of Federal Republic of Germany — Openness of German Basic Law to European integration — Whether purchase programme ultra vires — Whether ultra vires acts applicable in Germany — Whether having binding effect in relation to German constitutional organsJurisdiction — European Union institutions — Whether jurisdiction of German Federal Constitutional Court extending to Court of Justice of the European Union and European Central Bank — Whether acts of EU institutions subject to national constitutional review — Ultra vires review — Review of core identity of national constitution — Whether application of EU law having absolute primacy — Whether absolute duty to follow judgment of Court of Justice of the European Union — The law of Germany

Celebrating the Milk Maid: What Federal Constitutional Court President Limbach Doesn't Tell Us About the Court Says It All

2001 ◽  
Vol 2 (9) ◽  
Author(s):  
Viktor Winkler
Keyword(s):  
German Law ◽  
The Other ◽  
Constitutional Court ◽  
Limited Size ◽  
Small Stature ◽  
Basic Law ◽  
Federal Constitutional ◽  
Law Student

It's a small book. Actually, it is a very small book. Only one hundred and twenty-eight pages, it's a format so thin it could fit into a pocket. As a matter of fact, it is smaller than a copy of the Grundgesetz (German Basic Law) that a German law student would carry along to class. The book's title, however, is considerably more intrepid than the book's small stature. At the same time breathtakingly pithy and slightly immodest, the book is simply called Das Bundesverfassungsgericht (The Federal Constitutional Court). And at the top of the cover, just to make sure, the word “WISSEN” (KNOWLEDGE) appears in big letters. While one wonders how a publication of such limited size could deign to comprehensively present the important “knowledge” of the Federal Constitutional Court, the other words on the cover provide some assurance. Those words are the name of the book's author who obviously could not be more adequate for the task. The author, Jutta Limbach, is the current President of the Federal Constitutional Court presiding in her seventh year.

scholarly journals The Mediation Committee of the Bundestag and Bundesrat: A Special Institution of German Constitutional Law

2016 ◽  
Vol 44 (1) ◽  
pp. 35-42
Author(s):  
Claus Koggel
Keyword(s):  
Constitutional Law ◽  
Political Power ◽  
Case Law ◽  
Legislative Process ◽  
Constitutional Court ◽  
Current Case ◽  
Basic Law ◽  
Federal Constitutional ◽  
Legislative Procedure ◽  
German Constitutional Law

AbstractThe Mediation Committee of the Bundestag and Bundesrat – is it “one of the most felicitous innovations in our constitutional activities”, “the most positive institution in the entire Basic Law” or, as some critics assert “a substitute and superordinate parliament” or indeed the “mysterious darkroom of the legislative process”? This article seeks to provide answers to these questions. It is however clear that the Mediation Committee has become an important instrument for attaining political compromises in Germany's legislative procedure. The Committee's purpose is to find a balance between the differing opinions of the Bundestag and Bundesrat concerning the content of legislation, and, through political mediation and mutual concessions, to find solutions that are acceptable to both sides. Thanks to this approach, the Mediation Committee has helped save countless important pieces of legislation from failure since it was established over 65 years ago, thus making a vital contribution to ensure the legislative process works efficiently. The lecture will address the Mediation Committee's status and role within the German legislative process. It will explain the composition of this body as well as its most important procedural principles also against the backdrop of current case law from the Federal Constitutional Court. Finally, the lecture will consider how particular constellations of political power impact on the Mediation Committee's work.

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