The Constitutional Jurisprudence of the Federal Republic of Germany

Informationen zum Autor Donald P. Kommers is Joseph and Elizabeth Robbie Professor of Political Science and Professor of Law Emeritus at the University of Notre Dame.Russell A. Miller is a Professor at Washington and Lee University School of Law. Klappentext First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicial decisions.Compared to previous editions of The Constitutional Jurisprudence of the Federal Republic of Germany, this third edition more closely tracks Germany's Basic Law and, therefore, the systematic approach reflected in the most-respected German constitutional law commentaries. Entirely new chapters address the relationship between German law and European and international law; social and economic rights, including the property and occupational rights cases that have emerged from Reunification; jurisprudence related to issues of equality, particularly gender equality; and the tension between Germany's counterterrorism efforts and its constitutional guarantees of liberty. Kommers and Miller have also updated existing chapters to address recent decisions involving human rights, federalism, European integration, and religious liberty. Zusammenfassung The third edition of this renowned English-language guide to German constitutional law has been fully updated and significantly expanded to incorporate previously omitted topics and recent decisions of the German Federal Constitutional Court. Inhaltsverzeichnis Foreword to the Third Edition / Justice Ruth Bader Ginsburg xi Preface to the Third Edition xiii Acknowledgments xvii Note on Translations and Judicial Opinions xxi Abbreviations xxv Part I. German Constitutionalism 1. The Federal Constitutional Court 3 Origin 4 Jurisdiction 10 Institution 17 Process 25 Judicial Review in Operation 33 Conclusion 40 2. Basic Law and Its Interpretation 42 New Constitutionalism of the Basic Law 43 Nature of the Polity 48 Theories of the Constitution 55 Theory of Basic Rights 59 Interpretive Modes and Techniques 62 Sources of Interpretation 70 Conclusion 75 Part II. Constitutional Structures and Relationships 3. Federalism 79 Territorial Organization 80 Doctrine of Federal Comity 90 Apportionment and Distribution of Revenue 95 Local Self-Government 104 Bundesrat, Reformstau, and Modern Federalism 110 Division of Legislative Power 120 Cooperative Federalism 138 Implementation of Federal Law 141 Conclusion 150 4. Separation of Powers 152 Executive-Legislative Relations 153 Judicial versus Legislative Authority 164 Delegation of Legislative Power 175 Foreign and Military Affairs 189 Conclusion 214 5. Political Representation and Democracy 216 Parliamentary Democracy 216 Elections and Voting 238 Party State and Political Spending 269 Militant Democracy 285 Conclusion 300 6. Jurisprudence of the Open State 302 Basic Law and International Law 302 Germany's Constitutional Openness and International Tribunals 319 Basic Law and European Law 325 Conclusion 352 Part III. Basic Rights and Liberties 7. Human Dignity, Personal Liberty, and Equality 355 Dignity of ...

Klappentext
First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicial decisions. Compared to previous editions of The Constitutional Jurisprudence of the Federal Republic of Germany, this third edition more closely tracks Germany's Basic Law and, therefore, the systematic approach reflected in the most-respected German constitutional law commentaries. Entirely new chapters address the relationship between German law and European and international law; social and economic rights, including the property and occupational rights cases that have emerged from Reunification; jurisprudence related to issues of equality, particularly gender equality; and the tension between Germany's counterterrorism efforts and its constitutional guarantees of liberty. Kommers and Miller have also updated existing chapters to address recent decisions involving human rights, federalism, European integration, and religious liberty.

Zusammenfassung
The third edition of this renowned English-language guide to German constitutional law has been fully updated and significantly expanded to incorporate previously omitted topics and recent decisions of the German Federal Constitutional Court.

Inhalt
Foreword to the Third Edition / Justice Ruth Bader Ginsburg xi
Preface to the Third Edition xiii
Acknowledgments xvii
Note on Translations and Judicial Opinions xxi
Abbreviations xxv
Part I. German Constitutionalism
1. The Federal Constitutional Court 3
Origin 4
Jurisdiction 10
Institution 17
Process 25
Judicial Review in Operation 33
Conclusion 40
2. Basic Law and Its Interpretation 42
New Constitutionalism of the Basic Law 43
Nature of the Polity 48
Theories of the Constitution 55
Theory of Basic Rights 59
Interpretive Modes and Techniques 62
Sources of Interpretation 70
Conclusion 75
Part II. Constitutional Structures and Relationships
3. Federalism 79
Territorial Organization 80
Doctrine of Federal Comity 90
Apportionment and Distribution of Revenue 95
Local Self-Government 104
Bundesrat, Reformstau, and Modern Federalism 110
Division of Legislative Power 120
Cooperative Federalism 138
Implementation of Federal Law 141
Conclusion 150
4. Separation of Powers 152
Executive-Legislative Relations 153
Judicial versus Legislative Authority 164
Delegation of Legislative Power 175
Foreign and Military Affairs 189
Conclusion 214
5. Political Representation and Democracy 216
Parliamentary Democracy 216
Elections and Voting 238
Party State and Political Spending 269
Militant Democracy 285
Conclusion 300
6. Jurisprudence of the Open State 302
Basic Law and International Law 302
Germany's Constitutional Openness and International Tribunals 319
Basic Law and European Law 325
Conclusion 352
Part III. Basic Rights and Liberties
7. Human Dignity, Personal Liberty, and Equality 355
Dignity of Persons 356
Right to Life 373
Right to Personality 399
Equality 419
Conclusion 439
8. Freedom of Speech, Press, and Art 441
A Jurisprudence of Balancing 442
Reputational Interests and Offensive Speech 460
Resocialization, Privacy, Truth-Telling, and Assembly 479
Freedom of the Press and Broadcasting 502
Artistic and Academic Freedom 519
Conclusion 536
9. Religion, Conscience, and Family Rights 538
Free Exercise of Religion 539
Minority Religions 553
Religious…

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