scholarly journals Identifying German Legal Approaches to Terror—How the Constitution Shapes Legislation Allowing the Shooting Down of a Hijacked Plane

2018 ◽  
Vol 19 (1) ◽  
pp. 113-136
Author(s):  
Lukas Frederik Müller
Keyword(s):  
The United States ◽  
Constitutional Court ◽  
State Action ◽  
Wide Range ◽  
Islamic Terrorism ◽  
The Face ◽  
German Legislation ◽  
Federal Constitutional ◽  
Legal Structures ◽  
Vital Element

In the face of a recent increase in the number of Islamic terrorist attacks all over the globe—particularly in Europe—counterterrorism has become a main field of political and legal activity once again. In this turbulent context, this Article will look back on how German legislation has reacted to the first significant occurrences of Islamic terrorism in Europe and the United States in the 2000s and how the Constitution has been put in place in the conflict between individual and collective interests by the Federal Constitutional Court in this context. From the wide range of counterterrorism measures that were significantly shaped along the principles of the Constitution since then, this Article takes a detailed look at the legal issues relating to a very specific measure—legislation allowing the shooting down of a hijacked plane. This issue has been vigorously debated among politicians, scholars, and courts in Germany since 2004. It constitutes a vital element of the fundamental legal structures that governs state action that violates certain legal interests in order to protect conflicting ones—a key question for other recent strategies of terrorism as well.

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 Russia-Japan Security Dialogue

2019 ◽  
Vol 12 (1) ◽  
pp. 102-116
Author(s):  
O. G. Paramonov
Keyword(s):  
Security Policy ◽  
The United States ◽  
Regional Security ◽  
Security Issues ◽  
Security Environment ◽  
Regional Aspect ◽  
Wide Range ◽  
Russian President ◽  
The Face ◽  
The Cold War

In the face of deteriorating the regional security environment in East Asia, a noticeable growth of Japan’s defense capabilities and Tokyo’s departure from most self-restraints in the field of security policy look quite expected and natural process. At the same time, Japan continues to rely on the alliance with the United States. On the other hand, relations between Washington and Moscow are now at their lowest point since the Cold War. Japan itself has territorial claims to Russia. This means, based on confrontational logic that returns to the international agenda, that Japan’s traditionally reserved attitude towards Russia should be maintained. However, today we are witnessing a different situation. After the start of regular personal meetings between Russian President Vladimir Putin and Japanese Prime Minister Shinzo Abe, the dialogue is intensified on a wide range of issues, including those related to international security, and especially its regional aspect. Although certain background for that was noted before the Sochi meeting between V. Putin and S. Abe, this foreign policy turn, and, in particular, its speed, came as a surprise not only for Tokyo’s Western partners, but also for many Japanese politicians and experts. This article is devoted to the analysis of its possible causes, as well as the search for an answer to the next question.Is the dialogue between Russia and Japan a situational political maneuver or a step towards cooperation on security issues?

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.

scholarly journals Constitutional Analysis of Intellectual Property

2017 ◽  
Vol 17 (1) ◽  
pp. 085
Author(s):  
Andre J Van der Walt ◽  
Ray M Shay
Keyword(s):  
Intellectual Property ◽  
State Regulation ◽  
Constitutional Court ◽  
Bill Of Rights ◽  
Fair Dealing ◽  
State Action ◽  
The Face ◽  
Policy Objectives ◽  
State Interference ◽  
Constitutional Analysis

This article analyses the Constitutional Court’s treatment of property interests in the face of state regulation to gain an understanding of the type of state interference that is justifiable in terms of section 25(1) of the Bill of Rights. This is done by examining the Constitutional Court’s dicta relating to the meaning of deprivation and how these inform the meaning of property in the constitutional context. The methodology that the Constitutional Court has formulated to assess if state interference complies with the provisions of section 25 is explained to show the type of state regulation that has been found legitimate. We then consider how this understanding of constitutional property and the state’s legitimate exercise of its inherent police power interact in the setting of intellectual property by contrasting the various policy objectives underlying the different statutory regimes governing intellectual property. This theoretical analysis is then applied to two contemporary examples of feasible state interference with existing intellectual property interests, namely the proposed plain packaging measures which severely restrict the use of tobacco trade marks, and a fair dealing exception allowing the use of copyright works for the purpose of parody. These examples serve to illustrate the context and manner in which intellectual property interests may come before the Court and the necessary differentiation with which these interests should be treated. The appropriate judicial assessment of the true impact that state action could have on vested property interests is explained and contrasted with the balancing exercise that is employed at the earlier stage of policy making. This discussion is concluded by highlighting some of the interpretational issues that will arise and how some constitutional values could be curtailed in the absence of legislative intervention.

“Everyone is Living in the Same Storm, but our Boats are all Different”: Safety and Safety Planning for Survivors of Intimate Partner and Sexual Violence During the COVID-19 Pandemic

2021 ◽  
pp. 088626052110629
Author(s):  
Rachel V. Schrag ◽  
Sarah Leat ◽  
Leila Wood
Keyword(s):  
Partner Violence ◽  
Service Providers ◽  
Critical Role ◽  
The United States ◽  
Intimate Partner ◽  
Service Agency ◽  
Safety Planning ◽  
Safety Risks ◽  
Wide Range ◽  
The Face

Survivors of intimate partner violence (IPV) and sexual assault (SA) faced increased violence, new safety risks, and reduced services access in the face of the COVID-19 pandemic. IPV and SA service providers have a critical role in safety planning and advocacy with survivors; however their patterns of working were dramatically impacted by changes brought on by the pandemic. Little is known about safety planning strategies and service adaptations employed in this context. Through semi-structured interviews with 33 service providers from across the United States, this study explores the experiences and perspectives of victim service agency staff with IPV and SA survivor safety and safety planning from March to December 2020. Qualitative data were analyzed using conventional content analysis. Four overarching themes related to survivor safety and safety planning emerged, including (1) “The violence is more severe, it’s more escalated,” describing an increase in the severity and frequency of violence; (2) “Perpetrating the violence through [technology],” describing a specific surge in technology based abuse (TBA) as the world shifted to virtual communication to facilitate social distancing; (3) “COVID-19 is now a tool in their toolbox,” describing the emergence of the COVID-19 pandemic and health guidance as a life generated risk that abusive partners used to further control and isolate their partner; and (4) “You just get real crafty,” highlighting the wide range of “work-arounds” and safety planning adaptations employed by victim service professionals trying to maintain services in a disrupted environment and in the face of evolving safety risks and increasing violence severity. These findings highlight the safety and safety planning challenges encountered as the COVID-19 pandemic unfolded and the many creative strategies employed by service providers to adapt in the moment.

The German Federal Constitutional Court and the Extradition of Alledged Terrorists to the United States

2004 ◽  
Vol 5 (3) ◽  
pp. 185-195
Author(s):  
Matthias Hartwig
Keyword(s):  
United States ◽  
New York ◽  
The United States ◽  
International Terrorism ◽  
District Court ◽  
Constitutional Court ◽  
Legal Remedies ◽  
European Court ◽  
Federal Constitutional ◽  
German Federal Constitutional Court

In January 2003, two Yemeni citizens were arrested by German police forces at the airport of Frankfurt. The arrest took place pursuant to the request of an American judge of the United States District Court for the Eastern District of New York. The action was considered to be a blow against international terrorism and should have demonstrated the functioning of the German-American cooperation in the war against this scourge. However, due to general considerations as well as the concrete circumstances of the case, the extradition of the two persons took more time than would be expected from a smoothly running cooperation. All legal remedies were exhausted in the Yemenis’ efforts to avoid extradition to the United States, and even now, an individual complaint has been brought before the European Court on Human Rights in Strasbourg. The two Yemeni citizens were finally extradited more than ten months after their arrest in November 2003.

The Impact of Legal Systems on Constitutional Interpretation: A Comparative Analysis: The U.S. Supreme Court and the German Federal Constitutional Court

2013 ◽  
Vol 14 (8) ◽  
pp. 1297-1335 ◽  
Author(s):  
Mher Arshakyan
Keyword(s):  
Comparative Analysis ◽  
Supreme Court ◽  
The United States ◽  
Legal Argumentation ◽  
Constitutional Court ◽  
Constitutional Interpretation ◽  
Legal Systems ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional

The central purpose of this paper is to show that there are no major differences in the methods of constitutional interpretation in countries with varying degrees of judicial review. Despite the fact that legal culture and traditions, underlying political theories, and values all affect methods of interpretation, there is no big gap in constitutional interpretation in practice in view of wide interpretive discretion. Obviously all legal systems require compliance with some fundamental interpretive standards irrespective of the legal system, and in a democratic society judicial decisions should be justified at least to avoid arbitrariness. The question is what are the limits beyond which judges cannot go in constitutional democracies? Hence, the style and method of legal argumentation that are used to justify the decision may differ in the countries belonging to different legal systems. Whether there are significant differences between the common law and civil law, constitutional interpretation will be assessed through the comparative analysis of the United States Supreme Court and the German Federal Constitutional Court.

Political Innovation of the West German Federal Constitutional Court: The State of Discussion on Judicial Review

1976 ◽  
Vol 70 (1) ◽  
pp. 114-125 ◽  
Author(s):  
Fritz Nova
Keyword(s):  
United States ◽  
Judicial Review ◽  
The United States ◽  
West Germany ◽  
The Political ◽  
Constitutional Court ◽  
The West ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional

The Watergate controversies and especially the recent decision in Richard M. Nixon versus the United States on July 24, 1974 have again raised in the United States the problem of the political limits to judicial policy making and the need to strike a new balance among the three branches of government for preserving and maintaining a democratic policy. In this paper, which is based on largely primary judicial, political, and academic German sources up to the year 1972, the development of jurisprudence of the West German Federal Constitutional Court is analyzed and discussed, particularly the Court's experience with judicial review. The article is geared toward the student of comparative constitutionalism and comparative government, offering possible lessons to the United States and other Common Law constitutional courts. Less concerned with the practical work of the Court, except for brief comments on actual performance, the paper focuses on such problems as past and present German approval and disapproval of the notion of judicial review, the often erudite disputation on the merits of constitutional—especially “creative”—jurisprudence; the discussion on the political limits of judicial review; and trends in particular philosophical positions of the Court in contemporary West Germany.

scholarly journals Constitutional State and Public Administration

2021 ◽  
pp. 17-33
Author(s):  
Karl-Peter Sommermann
Keyword(s):  
Public Administration ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
State Action ◽  
Constitutional Principle ◽  
Basic Law ◽  
Constitutional State ◽  
The Social ◽  
German Constitution ◽  
Federal Constitutional

AbstractGerman public administration is rooted in the tradition of the Rechtsstaat, which aims at the protection of human dignity and individual freedom by providing rules, principles and institutions that ensure the prevention of arbitrary state action and the protection of individual rights. At supranational and international levels, the principle of the Rechtsstaat has been merging with the common law concept of the rule of law. A dynamic interpretation of the Basic Law (the German constitution) of 1949 by the Federal Constitutional Court has constantly specified and extended the normative scope of the fundamental rights, which are directly binding on the legislative, executive and judicial powers. The constitutional principle of the social state (Sozialstaat) has enhanced not only the dynamic evolution of the law, but also the creation of largely equivalent levels of infrastructure and services in the different territories of the German state.

Music after the Fall

2017 ◽  
Author(s):  
Tim Rutherford-Johnson
Keyword(s):  
New Media ◽  
Contemporary Music ◽  
The United States ◽  
Art Music ◽  
Sound Art ◽  
Musical Composition ◽  
Western Art ◽  
Wide Range ◽  
Definition Of ◽  
The Cold War

By the start of the 21st century many of the foundations of postwar culture had disappeared: Europe had been rebuilt and, as the EU, had become one of the world’s largest economies; the United States’ claim to global dominance was threatened; and the postwar social democratic consensus was being replaced by market-led neoliberalism. Most importantly of all, the Cold War was over, and the World Wide Web had been born. Music After The Fall considers contemporary musical composition against this changed backdrop, placing it in the context of globalization, digitization, and new media. Drawing on theories from the other arts, in particular art and architecture, it expands the definition of Western art music to include forms of composition, experimental music, sound art, and crossover work from across the spectrum, inside and beyond the concert hall. Each chapter considers a wide range of composers, performers, works, and institutions are considered critically to build up a broad and rich picture of the new music ecosystem, from North American string quartets to Lebanese improvisers, from South American electroacoustic studios to pianos in the Australian outback. A new approach to the study of contemporary music is developed that relies less on taxonomies of style and technique, and more on the comparison of different responses to common themes, among them permission, fluidity, excess, and loss.

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