Constitutional jurisprudence of the Federal Republic of Germany / Donald P. Kommers, Russell A. Miller, Ruth Bader Ginsburg.

Format:

Book

Author/Creator:

Kommers, Donald P., author.

Language:

English

Subjects (All):

Constitutional law--Germany.

Constitutional law.

Judicial review--Germany.

Judicial review.

Physical Description:

1 online resource (874 pages)

Edition:

Third edition, revised and expanded.

Other Title:

Constitutional Jurisprudence of the Federal Republic of Germany

Place of Publication:

Durham, Maryland : Duke University Press, 2012.

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:

Foreword to the Third Edition / Justice Ruth Bader Ginsburg xiPreface to the Third Edition xiiiAcknowledgments xviiNote on Translations and Judicial Opinions xxiAbbreviations xxvPart I. German Constitutionalism 1. The Federal Constitutional Court 3Origin 4Jurisdiction 10Institution 17Process 25Judicial Review in Operation 33Conclusion 402. Basic Law and Its Interpretation 42New Constitutionalism of the Basic Law 43Nature of the Polity 48Theories of the Constitution 55Theory of Basic Rights 59Interpretive Modes and Techniques 62Sources of Interpretation 70Conclusion 75Part II. Constitutional Structures and Relationships 3. Federalism 79Territorial Organization 80Doctrine of Federal Comity 90Apportionment and Distribution of Revenue 95Local Self-Government 104Bundesrat, Reformstau, and Modern Federalism 110Division of Legislative Power 120Cooperative Federalism 138Implementation of Federal Law 141Conclusion 1504. Separation of Powers 152Executive-Legislative Relations 153Judicial versus Legislative Authority 164Delegation of Legislative Power 175Foreign and Military Affairs 189Conclusion 2145. Political Representation and Democracy 216Parliamentary Democracy 216Elections and Voting 238Party State and Political Spending 269Militant Democracy 285Conclusion 3006. Jurisprudence of the Open State 302Basic Law and International Law 302Germany's Constitutional Openness and International Tribunals 319Basic Law and European Law 325Conclusion 352Part III. Basic Rights and Liberties 7. Human Dignity, Personal Liberty, and Equality 355Dignity of Persons 356Right to Life 373Right to Personality 399Equality 419Conclusion 4398. Freedom of Speech, Press, and Art 441A Jurisprudence of Balancing 442Reputational Interests and Offensive Speech 460Resocialization, Privacy, Truth-Telling, and Assembly 479Freedom of the Press and Broadcasting 502Artistic and Academic Freedom 519Conclusion 5369. Religion, Conscience, and Family Rights 538Free Exercise of Religion 539Minority Religions 553Religious Practices and Symbols in Public Schools 566Taxation, Autonomy, and Religious Societies 590Marriage and Family Rights 600Conclusion 62010. Economic Liberties and the Social State 622Nature of the Economic System 623Right to Property 630Occupational and Associational Rights 659Reunification and Economic Liberties 685Conclusion 711Appendix A: Chronological Chart of the Justices 713Appendix B: Biographical Sketches of Presidents and Vice Presidents 717Notes 725Tables of Cases 833Index Permissions 845.

Notes:

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