The Constitutional Jurisprudence of the Federal Republic of Germany : Third edition, Revised and Expanded

Format:

Book

Author/Creator:

Kommers, Donald P.

Contributor:

Miller, Russell A.

Language:

English

Subjects (All):

Constitutional law--Germany--Cases.

Constitutional law.

Judicial review--Germany--Cases.

Judicial review.

Physical Description:

1 online resource (902 p.)

Place of Publication:

Durham : Duke University Press, 2012.

Language Note:

English

Summary:

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.

Contents:

Contents; Foreword to the Third Edition: Justice Ruth Bader Ginsburg; Preface to the Third Edition; Acknowledgments; Note on Translation and Judicial Opinions; Abbreviations; Part I: German Constitutionalism; 1. The Federal Constitutional Court; Origin; Jurisdiction; Institution; Process; Judicial Review in Operation; Conclusion; 2. The Basic Law and Its Interpretation; New Constitutionalism of the Basic Law; Nature of the Polity; Theories of the Constitution; Theory of Basic Rights; Interpretive Modes and Techniques; Sources of Interpretation; Conclusion

Part II: Constitutional Structures and Relationships3. Federalism; Territorial Organization; Doctrine of Federal Comity; Apportionment and Distribution of Revenue; Local Self-Government; Bundesrat, Reform Gridlock, and Modern Federalism; Division of Legislative Power; Cooperative Federalism; Implementation of Federal Law; Conclusion; 4. Separation of Powers; Executive-Legislative Relations; Judicial versus Legislative Authority; Delegation of Legislative Power; Foreign and Military Affairs; Conclusion; 5. Political Representation and Democracy; Parliamentary Democracy; Elections and Voting

Party State and Political SpendingMilitant Democracy; Conclusion; 6. Jurisprudence of the Open State; Basic Law and International Law; Basic Law and European Law; Conclusion; Part III: Basic Rights and Liberties; 7. Human Dignity, Personal Liberty, and Equality; Dignity of Persons; Right to Life; Right to Personality; Equality; Conclusion; 8. Freedom of Speech, Press, and Art; A Jurisprudence of Balancing; Reputational Interests and Offensive Speech; Resocialization, Privacy, Truth-Telling, and Assembly; Freedom of the Press and Broadcasting; Artistic and Academic Freedom; Conclusion

9. Religion, Conscience, and Family RightsFree Exercise of Religion; Minority Religions; Religious Practices and Symbols in Public Schools; Taxation, Autonomy, and Religious Societies; Marriage and Family Rights; Conclusion; 10. Economic Liberties and the Social State; Nature of the Economic System; Right to Property; Occupational and Associational Rights; Reunification and Economic Liberties; Conclusion; Appendix A: Chronological Chart of the Justices; Appendix B: Biographical Sketches of Presidents and Vice Presidents; Notes; Table of Cases; Index; Permissions

Notes:

Description based upon print version of record.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 28. Okt 2020)

ISBN:

9781283742412

1283742411

9780822395386

082239538X

OCLC:

818413889