Der Ausschluss verfassungsfeindlicher Parteien von der staatlichen Parteienfinanzierung nach Art. 21 Abs. 3 GG

2021 ◽  
Author(s):  
Malaika Jores
Keyword(s):  
Political Parties ◽  
Constitutional Law ◽  
European Law ◽  
Legal Analysis ◽  
State Party ◽  
Political Opportunities ◽  
Basic Law ◽  
The Right ◽  
Party Funding ◽  
German Constitutional Law

Since 2017, Germany’s Basic Law has allowed anti-constitutional parties to be excluded from state party funding. Such exclusion from funding is at odds with the right to equal political opportunities, which derives from the principle of democracy. This thesis examines whether such exclusion from funding is permissible under German constitutional law. In particular, it takes account of the principle of democracy—guaranteed by the ‘eternity clause’—and the concept of ‘militant democracy’. The thesis also considers the issue in question from a European law perspective and, in addition to conducting a legal analysis, examines whether distorting the competition among political parties is justifiable with respect to democratic theory.

German Constitutional Law

2019 ◽  
Author(s):  
Bumke Christian ◽  
Voßkuhle Andreas
Keyword(s):  
Constitutional Law ◽  
Case Law ◽  
Equal Treatment ◽  
Constitutional Court ◽  
Basic Law ◽  
German Constitution ◽  
Federal Constitutional ◽  
Book Covers ◽  
The Right ◽  
German Constitutional Law

This book provides a comprehensive summary of German constitutional law, in particular the case law of the German Federal Constitutional Court. It provides first-hand insight into the complex principles of the Basic Law, or Grundgesetz (GG), and an authoritative introduction to the history of the German constitution, the Basic Law, and the methodology of the Federal Constitutional Court. As well as an analysis of the general principles of German constitutional law, the book covers the salient articles of the German constitution and offers relevant extracts of the Court's most important decisions on the provisions of the Basic Law. It provides notes and discussions of landmark cases to illustrate their legal and historical context and give the reader a clear understanding of the principles governing German constitutional law. The book covers the fundamental rights catalogue of the Basic Law and offers a comprehensive account of its intellectual moorings. It includes landmark jurisprudence on the equal treatment of same-sex couples, life imprisonment, the legal structure of property, the right to assembly, and the right to informational self-presentation. The book also covers the provisions and respective case law governing the state structure of Germany, for instance the recent decisions on the prohibition of the far-right German nationalist party, and the Court's jurisprudence on European integration, including the most recent decisions on the OMT program of the European Central Bank.

The Israeli Unfinished Constitutional Revolution: Has the Time Come for Protecting Economic and Social Rights?

2004 ◽  
Vol 37 (2-3) ◽  
pp. 299-345 ◽  
Author(s):  
Yoram Rabin ◽  
Yuval Shany
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Hard Core ◽  
Social Rights ◽  
Cultural Rights ◽  
Basic Law ◽  
The Supreme Court ◽  
The Status ◽  
Interpretive Strategies ◽  
The Right

AbstractThis article addresses the constitutional discourse surrounding the status of economic and social rights in Israel. It examines the principal interpretive strategies adopted by the Supreme Court with regard to the 1992 basic laws (in particular, with respect to the right to human dignity) and criticizes the Court's reluctance to apply analogous strategies to incorporate economic and social rights into Israeli constitutional law. Potential explanations for this biased approach are also critically discussed. The ensuing outcome is a constitutional imbalance in Israeli law, which perpetuates the unjustified view that economic and social rights are inherently inferior to their civil and political counterparts, and puts in question Israel's compliance with its obligations under the International Covenant of Economic, Social and Cultural Rights. At the same time, encouraging recent Supreme Court decisions, particularly the YATED and Marciano judgments, indicate growing acceptance on the part of the Court of the role of economic and social rights in Israeli constitutional law, and raise hopes for a belated judicial change of heart concerning the need to protect at least a ‘hard core’ of economic and social rights. Still, the article posits that the possibilities of promoting the constitutional status of economic and social rights through case-to-case litigation are limited and calls for the renewal of the legislation procedures of draft Basic Law: Social Rights in the Knesset.

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.

David Currie and German Constitutional Law

2008 ◽  
Vol 9 (12) ◽  
pp. 2081-2094
Author(s):  
Peter E. Quint
Keyword(s):  
Federal Republic ◽  
Constitutional Law ◽  
Constitutional Court ◽  
Federal Republic Of Germany ◽  
Major Work ◽  
Basic Law ◽  
Federal Constitutional ◽  
German Constitutional Court ◽  
German Constitutional Law ◽  
Constitutional Jurisprudence

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.

Die Privilegierung von Konzernen gemäß § 1 Abs. 3 Nr. 2 AÜG

2020 ◽  
Author(s):  
Frauke Sturm
Keyword(s):  
Constitutional Law ◽  
European Law ◽  
Cross Border ◽  
German Constitutional Law

The author examines the statutory privilege for group companies in the field of employee leasing (section 1, para. 3 number 2 of the German Employee Leasing Act). In principle, strict regulations apply to such leasing in Germany. However, the aforementioned provision largely exempts group companies from these regulations. The work aims at defining the scope of this highly disputed privilege. Initially, the author shows that the provision complies with both European law and German constitutional law. In addition, she describes the requirements and limits of the rather vague privilege. Therefore, the publication not only targets lawyers advising on employee leasing matters, but also representatives of group legal and personnel departments dealing with questions of intragroup and cross-border employee deployment in their daily business. The author has been practicing as attorney since 2011 and has mainly focused on employment-related matters, including employee leasing.

Democracy and Human Dignity: Limits of a Moralized Conception of Rights in German Constitutional Law

2009 ◽  
Vol 42 (2) ◽  
pp. 416-439 ◽  
Author(s):  
Christoph Möllers
Keyword(s):  
Human Dignity ◽  
Constitutional Law ◽  
Universal Principle ◽  
Moral Understanding ◽  
Basic Law ◽  
German Constitutional Law

The Parliamentary Council, the constitutional assembly for the German Basic Law, split over the question whether the guarantee of human dignity should be understood as the result of a democratic decision or as the incorporation of a pre-existing universal principle of Christian origin. The subsequent constitutional practice was dominated by a moral understanding of the norm that stressed the contradiction between democracy and human dignity. This Article rejects this interpretation and attempts to show, using the exemplary German case, that a democracy-oriented interpretation of human dignity is not necessarily less effective than a moralized understanding.

Constitutional Review of Criminal Prohibitions Affecting Human Dignity and Liberty: German and Israeli Perspectives

2011 ◽  
Vol 44 (1-2) ◽  
pp. 63-89 ◽  
Author(s):  
Miriam Gur-Arye ◽  
Thomas Weigend
Keyword(s):  
Human Dignity ◽  
Constitutional Law ◽  
Case Law ◽  
Special Treatment ◽  
Constitutional Review ◽  
Basic Law ◽  
The Supreme Court ◽  
Intermediate Solution ◽  
The Right ◽  
The Relationship

Criminal laws must conform to each state's constitutional law. In both Israel and Germany, the highest courts have ruled on the compatibility of criminal prohibitions with constitutionally protected rights. One recurrent issue is the relationship between criminal prohibitions and the right to liberty, which is constitutionally guaranteed in both countries. The authors show that there are clear parallels in the case law of Israeli and German courts with regard to liberty. Human dignity is likewise protected in both legal systems, although it plays a different role in each. Under article 1(1) of the German Basic Law, human dignity enjoys “absolute” protection, which leads to problems in defining human dignity and accommodating countervailing interests in individual cases. In Israel, by contrast, human dignity is placed on the same level as liberty in the constitutional hierarchy of rights and is not afforded any “special treatment” by the Supreme Court. The authors suggest an intermediate solution: human dignity should not be granted “absolute” protection but should be treated with the greatest respect when criminal laws are reviewed for their constitutionality.

scholarly journals Constitutional and legal analysis of the legal nature of public control of power

2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 395-401
Author(s):  
Vitaly Viktorovich Goncharov
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
Legal Analysis ◽  
Public Control ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Right

This article is devoted to the constitutional legal analysis of the legal nature of public control of power.  We affirm that a study of the legal nature of the concept of “public control of power” in constitutional law will allow us to identify specific priorities for ensuring the exercise of the right of citizens of the Russian Federation to exercise public control.

Revolutionary Constitutional Lawmaking in Germany—Rediscovering the German 1989 Revolution

2016 ◽  
Vol 17 (4) ◽  
pp. 579-626
Author(s):  
Stephan Jaggi
Keyword(s):  
Constitutional Law ◽  
Democratic Republic ◽  
German Unification ◽  
The West ◽  
Constitutional Order ◽  
State Constitutions ◽  
Basic Law ◽  
German States ◽  
East German ◽  
German Constitutional Law

AbstractToday, the 1989 Revolution in East Germany is recognized and celebrated as the event that abolished the German Democratic Republic (GDR) and brought about German unification. What is mostly overlooked, however, is that these are not the Revolution's only and, from the perspective of constitutional law, not even its most important achievements. More important with respect to understanding constitutional lawmaking in Germany is that the 1989 Revolution did not lead to an unconditional adoption of West German constitutional law in the new East German states. Instead, the Revolution had its own constitutional agenda, which went beyond the West German Basic Law and was transferred to unified Germany where it then needed to be integrated into the existing West German constitutional order. The Article reinterprets the 1989 Revolution and shows how a revolutionary popular movement in the GDR developed its own constitutional agenda, which first found legal manifestation in GDR legislation, and then was transferred to unified Germany through the Unification Treaty and the new state constitutions.

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