Karlsruhe
This chapter charts the Federal Constitutional Court’s historical development, with a nuanced attention to the motley preconditions—and the irreducible contingency—of its remarkable rise. It begins with the rise of the Court, which adroitly used the opportunities offered by the uncharted situation of postwar West Germany. Especially by way of its extensive human rights jurisprudence, the Court worked toward a fundamental liberalization of the German legal system and shook up the traditional judiciary. The Federal Constitutional Court thus became the midwife of the second German democracy. However, owing to its successes and the eventual stability and prosperity of the Federal Republic, which was now a liberal society with a solidified democratic culture, the country came to depend less and less on the Court and its initiatives. The Court thus became a victim of its own success. Other factors involved in the Court’s fading importance are the loss of charisma through routinization and the increasing Europeanization and internationalization of the German legal system.