Constitutional courts in comparison: the U.S. Supreme Court and the German Federal Constitutional Court

2003 ◽  
Vol 40 (08) ◽  
pp. 40-4856-40-4856
Keyword(s):  
Supreme Court ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional ◽  
The U.S

Which Kind of Discretion in Constitutional Adjudication? A Discussion of Mher Arshakyan's 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. 1337-1344
Author(s):  
Federico José Arena
Keyword(s):  
Comparative Analysis ◽  
Supreme Court ◽  
Constitutional Court ◽  
Constitutional Interpretation ◽  
Legal Systems ◽  
Federal Constitutional ◽  
The Impact ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional ◽  
The U.S

In his paper The Impact of Legal Systems on Constitutional Interpretation: A Comparative Analysis: The U.S. Supreme Court and the German Federal Constitutional Court, Arshakyan carries out an interesting and detailed comparison between American and German constitutional courts by individualizing the properties shared by both courts and identifying the differences.

Avena and Sanchez-Llamas Come to Germany – The German Constitutional Court Upholds Rights under the Vienna Convention on Consular Relations

2007 ◽  
Vol 8 (3) ◽  
pp. 261-278 ◽  
Author(s):  
Jana Gogolin
Keyword(s):  
Supreme Court ◽  
Vienna Convention ◽  
Constitutional Court ◽  
International Court Of Justice ◽  
International Court ◽  
Federal Constitutional ◽  
German Constitutional Court ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional ◽  
The U.S

Much attention has been given to a series of decisions by the U.S. Supreme Court regarding the effects of the decisions of the International Court of Justice interpreting the Vienna Convention on Consular Relations. On 19 September, 2006, the German Bundesverfassungsgericht (BVerfG - German Federal Constitutional Court), has made its first judgment on the issue. The decision is significant for international law and even more specifically for U.S. jurists: Its outcome differs significantly from the U.S. Supreme Court decisions.

Much Ado About Human Rights: The Federal Constitutional Court Confronts the European Court of Human Rights

2005 ◽  
Vol 6 (5) ◽  
pp. 869-894 ◽  
Author(s):  
Matthias Hartwig
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Constitutional Court ◽  
Council Of Europe ◽  
Constitutional Courts ◽  
European Court ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional ◽  
German Court

On October 14, 2004 the Bundesverfassungsgericht (BVerfG – German Federal Constitutional Court) delivered a judgment which gave rise to vivid reactions in the mass media and to a dispute between the European Court of Human Rights (ECtHR) and the German Federal Constitutional Court. In interviews, members of the Strasbourg court spoke about their disappointment in the German Court's unwillingness to implement decisions of the ECtHR while members of the German court referred to the necessity to respect national particularities. Whereas, normally, the ECtHR and the constitutional courts of the Member States of the Council of Europe are fighting side by side for human rights and, therefore, consider themselves as natural allies, this time their decisions, which seem to be incompatible, led to a dispute which attracted as much public interest as a film or theatre premiere.

scholarly journals National Constitutional Courts as Guardians of the Charter: A Comparative Appraisal of the German Federal Constitutional Court's Right to Be Forgotten Judgments

2020 ◽  
pp. 1-21
Author(s):  
Clara RAUCHEGGER
Keyword(s):  
Primary Source ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Constitutional Courts ◽  
Constitutional Review ◽  
Federal Constitutional ◽  
Eu Fundamental Rights ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional

Abstract The binding legal force that the Charter acquired with the Treaty of Lisbon has led some national constitutional courts to adopt an entirely new approach to EU fundamental rights. Most notably, the Austrian Constitutional Court, the Italian Constitutional Court, and the German Federal Constitutional Court have explicitly made the Charter a yardstick of constitutional review. This article compares and contrasts the approaches of these three courts to the Charter. It shows that the strategies of the Austrian and German Constitutional Courts have many characteristics in common, including that national constitutional rights are treated as a primary source and the Charter as a mere secondary benchmark in the majority of cases. The most distinctive feature of the Italian Constitutional Court's strategy is that it mainly aims to prevent ordinary courts from circumventing constitutionality refences by directly applying the Charter. The article concludes by arguing that it has many advantages when national constitutional courts adopt the Charter as a yardstick of constitutional review. It is for the constitutional courts and the CJEU to ensure that these benefits are not outweighed by some serious drawbacks of constitutional review in light of the Charter.

Blind Date Between Familiar Strangers: The German Constitutional Court Goes Luxembourg!

2014 ◽  
Vol 15 (2) ◽  
pp. 369-382
Author(s):  
Asteris Pliakos ◽  
Georgios Anagnostaras
Keyword(s):  
Constitutional Court ◽  
Central Importance ◽  
Constitutional Courts ◽  
New Era ◽  
Court Of Justice ◽  
Federal Constitutional ◽  
German Constitutional Court ◽  
Institutional Relationships ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional

Preliminary references by national constitutional courts are not an everyday occurrence in Union law. No surprise, therefore, that they attract considerable publicity and give rise to a significant amount of academic comment. However, the recent preliminary request of the German Federal Constitutional Court (GFCC) inGauweilerconstitutes undoubtedly the most important and historic preliminary reference made thus far by a constitutional court. This is not only because it is the very first preliminary request of this particular court, inaugurating potentially a whole new era in its institutional relationships with the Court of Justice and paving the way for other national constitutional courts to make more regular recourse to the preliminary reference procedure; but also because it relates to an issue of central importance for the process of European integration with far reaching economic and political repercussions.

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.

scholarly journals Constitutional Interpretation and Foreign Law: A Comparative Analysis between the U.S. Supreme Court and the German Federal Constitutional Court

2017 ◽  
Vol 16 (66) ◽  
pp. 85-129
Author(s):  
Mher Arshakyan ◽  
Jacopo Paffarini ◽  
Márcio Ricardo Staffen
Keyword(s):  
Comparative Analysis ◽  
Supreme Court ◽  
Judicial Review ◽  
Constitutional Court ◽  
Constitutional Interpretation ◽  
Legal Systems ◽  
Foreign Law ◽  
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 degree 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? Can the foreign law be a parameter for judicial review of legislation? 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.

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