The Influence of the West German Constitution on the Legal System of the Country

1989 ◽  
Vol 17 (2) ◽  
pp. 111-122
Author(s):  
Juergen Christoph Goedan
Keyword(s):  
Human Rights ◽  
Legal System ◽  
List Type ◽  
Federal Republic Of Germany ◽  
Type Number ◽  
The West ◽  
Basic Law ◽  
The World ◽  
German Constitution ◽  
German People

Article 1 of the Basic Law the Constitution of the Federal Republic of Germany, reads as follow: “(1)The dignity of man shall be inviolable. To respect and protect it shall be the duty of all state authority.(2)The German people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world.(3)The following basic rights shall bind the legislature, the executive and the judiciary as directly enforceable law.”This article answers, in a nutshell, all the questions one might raise regarding the influence of a constitution on the legal system of a country.

Rebuilding the German Constitution, II

1949 ◽  
Vol 43 (4) ◽  
pp. 704-720 ◽  
Author(s):  
Carl J. Friedrich
Keyword(s):  
Soviet Union ◽  
Federal State ◽  
Federal Republic Of Germany ◽  
The Road ◽  
The Soviet Union ◽  
Basic Law ◽  
German Constitution ◽  
State And Local ◽  
On The Road ◽  
German People

On May 8, 1949—the fourth anniversary of unconditional surrender—the Parliamentary Council adopted at Bonn the Basic Law for the Federal Republic of Germany. This date was chosen intentionally to remind the German people that this provisional constitution is a way-station on the road out of the chaos which the collapsing Hitler régime left behind it. Any consideration of this Basic Law should start from the fact that the charter is not the creation of a free people, and that it will have to function within limits, both territorial and functional, which severely handicap its chance of becoming a genuine constitution, securely anchored in the basic convictions of the people. Its limits territorially are imposed by the refusal of the Soviet Union to permit the Germans living in their Zone of Occupation to express themselves freely concerning the charter. This raises the presumption, confirmed by other evidence, that these Germans would, by a considerable majority, accept the Basic Law if given a chance to do so. The charter's functional limits are imposed by the Western Allies, who decreed three basic limitations upon the German people's autonomy and independence: (1) the Occupation Statute, (2) the Ruhr Statute, and (3) the Inter-Allied Security Board. Of these, the Occupation Statute is much the most important, and encompasses the other two by its provisions. This is shown by the fact that the Letter of Approval, issued by the Military Governors on May 12, 1949, notes that acceptance of the constitution is premised upon the understanding that all governmental power in Germany, federal, state, and local, is “subject to the provisions of the Occupation Statute.”

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

scholarly journals Part 2: The Third International Radiocarbon Intercomparison (Tiri)

Radiocarbon ◽  
2003 ◽  
Vol 45 (2) ◽  
pp. 293-328 ◽  
Keyword(s):  
Quality Assurance ◽  
Objective Measure ◽  
List Type ◽  
Type Number ◽  
Analytical Quality ◽  
The Third ◽  
Self Help ◽  
The World

TIRI was officially launched at the 14th International Radiocarbon Conference in Arizona in 1991. Prior to the conference, 150 laboratories received a letter describing the general intention to organize an intercomparison and over 90 laboratories from around the world responded positively to the invitation to participate. Simply stated, the aims of this intercomparison were: 1.To function as the third arm of the quality assurance (QA) procedure.2.To provide an objective measure of the maintenance and improvement in analytical quality.3.To assist in the development of a “self-help” scheme for participating laboratories.

The Effects of the Judgments of the European Court of Human Rights According to the German Constitutional Court

2010 ◽  
Vol 11 (5) ◽  
pp. 513-526 ◽  
Author(s):  
Christian Tomuschat
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Constitutional Court ◽  
Federal Republic Of Germany ◽  
The Rule Of Law ◽  
Basic Law ◽  
European Court ◽  
German Constitutional Court ◽  
The Individual ◽  
Willingness To Cooperate

The Federal Republic of Germany counts among the earliest States parties to the European Convention on Human Rights (ECHR). It ratified the ECHR on 5 December 1952, three years ahead of Italy, and hence found itself among the original members of the treaty system when the ECHR entered into force on 3 September 1953. For the new democratic Government, it was a decision of principle to affirm its willingness to cooperate peacefully within the group of European States, submitting to an international review mechanism with regard to all of its activities. Therefore, very shortly afterwards, it accepted also the individual application under Article 25 ECHR, which at that time was not yet compulsory for all States parties. For many years under the Nazi dictatorship, Germany had brought death and destruction to its neighbours. Now, organized under a democratic and liberal constitution, the Basic Law (BL), it wanted to manifest its newfound identity as a civilized State abiding by the rule of law.

Increased Use of Helicopters in Commercial Agriculture

1966 ◽  
Vol 70 (672) ◽  
pp. 1073-1075
Author(s):  
R. A. Moore
Keyword(s):  
World Population ◽  
List Type ◽  
Primary Reason ◽  
Type Number ◽  
Commercial Agriculture ◽  
Remarkable Increase ◽  
The Past ◽  
Population Explosion ◽  
The People ◽  
The World

The past few years have evidenced a remarkable increase in the use of helicopters in agriculture. There are any number of individual reasons for this: helicopters are more plentiful, for example, but the primary reason is one of simple economics combined with a capability to meet new demands. The demands have been generated by the overwhelming population explosion. Sometimes hard to imagine and even more difficult to cope with, but the facts remain that:1.25 % of all the people that ever existed on earth are living on it today,2.The world population increases at a rate of 5400 people every hour; and3.This staggering number of people will double again within the next 40 years.

The Meanings of Psychopathology

2009 ◽  
Vol 24 (S1) ◽  
pp. 1-1
Author(s):  
G. Stanghellini
Keyword(s):  
Holistic Approach ◽  
Focus Of Attention ◽  
List Type ◽  
Type Number ◽  
General Psychopathology ◽  
Everyday Activities ◽  
The World ◽  
Formal Taxonomy ◽  
Mode Of Being ◽  
Phenomenological Psychopathology

The term ‘psychopathology’ is used with different meanings. In the most trivial sense it refers to the object of psychiatry, i.e. pathologies of the psyche. In continental Europe Psychopathology is the formal taxonomy of the modalities of abnormal experience. We have three levels or profiles of Psychopathology. First, General Psychopathology, rooted in Jaspers’ work:i.sorts out, defines and differentiates abnormal psychic phenomena, actualized and sistematically described in specific terms; andii.classifies groups of phenomena according to their phenomenological affinities, i.e. in terms of the patients’ self-descriptions, and the modes in which the experience comes to expression.Second, Clinical Psychopathology, rooted in Kurt Schneider's work, aims at becoming the psychopathological doctrine linking symptoms and diagnosis. Clinical Psychopathology is essentially aimed at the identification of symptoms which are significant in view of nosographical distinctions. Third, we have Phenomenological Psychopathology, whose task is organizing different kinds of a person's abnormal experiences in theoretical constructs whose guide-line is the meaning-structures of such experiences. These meaning-organizers - i.e. psychopathological organizers - are synthesizing schemes of comprehension, conferring a unitary meaningfulness to different declinations of pathological phenomena. These constructs are descriptions of the mode of being-in-the-world of a given patient, i.e. his embeddedness in mundane, everyday activities. They are based on a holistic approach, advocating the importance of the global grasping of a phenomenon as an organising and meaningful Gestalt over a particularistic focus of attention.

scholarly journals Human Rights in Hong Kong – International Context

Politeja ◽  
2021 ◽  
Vol 18 (2(71)) ◽  
pp. 149-170
Author(s):  
Katarzyna Gruszko
Keyword(s):  
Human Rights ◽  
Foreign Policy ◽  
Hong Kong ◽  
International Relations ◽  
World Order ◽  
The West ◽  
International Context ◽  
The World ◽  
Litmus Test

Human rights in international relations are defined by the boundaries between individual states and regions, as well as the most important theories of international relations. The assumption of their universal character often finds no reflection in the foreign policy of states, especially the strongest ones. The most important players and theories do not question the existence of human rights as such, however, their role and place in international relations are interpreted differently. Human rights in Hong Kong, the meeting place of the West and Confucianism in the context of globalization, may become the litmus test of the intentions of the world powers and their vision of a World Order in regard to human rights.

scholarly journals Freedom of Expression: A Comparative Study of Ideological Conflict between Islam And the West

2019 ◽  
Vol IV (III) ◽  
pp. 20-27
Author(s):  
Tasaddaq Hussain ◽  
Muhammad Aslam Pervez ◽  
Shahid Minhas
Keyword(s):  
Qualitative Research ◽  
Human Rights ◽  
Analytical Approach ◽  
Freedom Of Expression ◽  
Human Right ◽  
The West ◽  
The World ◽  
Western Concept ◽  
Universal Definition ◽  
Definition Of

(FOE) is a basic human right, unanimously accepted all over the world; however it has no universal definition. The Islam condemns the Blasphemy strongly, whereas the West takes it as an offshoot of FOE and a symbol of democracy. This paper is an attempt to investigate, to what extent the Islamic concept of FOE is consistent with the Western concept? Its main objective is to point out the real cause of the rift and to discover recipe which could be used in curing the bleeding sore of humanity. Methodologically, qualitative research technique is used; analytical approach is adopted. Principal books, Scholarly articles, and academic writings are especially consulted. It is concluded that all the basic human rights have limits; therefore FOE must also be aligned. In this way, a common socio-religious definition of FOE is suggested for a peaceful and tolerant democratic global society.

scholarly journals The Ban on Strike Action by Career Civil Servants under the German Basic Law: How the Federal Constitutional Court Constitutionally Immunized the German Legal Order Against the European Convention on Human Rights

2020 ◽  
Vol 21 (2) ◽  
pp. 223-239
Author(s):  
Matthias Jacobs ◽  
Mehrdad Payandeh
Keyword(s):  
Human Rights ◽  
Legal Order ◽  
Civil Servants ◽  
European Convention ◽  
Constitutional Court ◽  
Fundamental Freedom ◽  
Basic Law ◽  
European Court ◽  
German Constitution ◽  
Federal Constitutional

AbstractThe Federal Constitutional Court has decided that the prohibition to strike for career civil servants, as it has traditionally been part of the German legal order, is in compliance with the German Constitution. The Court thereby put a (provisional) end to a long-lasting debate on how to solve the tension between the fundamental freedom to form associations under Article 9(3) of the Basic Law, which arguably encompasses a right to strike, and Article 33(5) of the Basic Law, which protects the traditional principles of the career civil servants, which arguably encompasses the prohibition to strike. Through recognizing that the ban on strike action by career civil servants is not only allowed but required under the German Constitution, the Constitutional Court navigates the German legal order on a potential collision course with the European Convention on Human Rights and the European Court of Human Rights. In this context, the Constitutional Court on the one hand reaffirms the openness of the German constitutional order towards international law in general and human rights and the European Convention on Human Rights in particular. On the other hand, the Court somehow marginalizes the role of the European Court of Human Rights and threatens to not follow the Court should it hold that the European Convention on Human Rights demands a right to strike also for career civil servants.

Regional Human Rights Bodies as Instruments of International Law

2019 ◽  
Vol 113 ◽  
pp. 96-97
Author(s):  
Silvia Serrano
Keyword(s):  
Human Rights ◽  
International Law ◽  
List Type ◽  
Access To Information ◽  
Type Number ◽  
Criminal Conviction ◽  
Forced Sterilization ◽  
The Subject ◽  
The Right

I will try to cover three different examples on issues in which the Inter-American and the European Courts have had different approaches, some substantive, some methodological, regarding the following issues: 1.A substantive and radical difference in the approach of the right to appeal a criminal conviction;2.A substantive but slight difference in the approach of cases of involuntary or forced sterilization;3.An example of evolution from divergence to convergence in the subject of access to information; and4.A radical difference in the approach with respect to reparations.

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