Constitutional Court

The Constitutional Framework for German Democracy

Apr 11

AICGS, the Goethe-Institut’s Mapping Democracy Series, the German Embassy-Cultural Division, and the Robert Bosch Foundation Alumni Association are pleased to host Donald Kommers and Russell Miller, co-authors of The Constitutional Jurisprudence of the Federal Republic of Germany (2012), for a panel discussion on “The Constitutional Framework for German Democracy.” The event will take place at 6:30pm on Thursday, April 11, 2013, at the Goethe-Institut, 812 Seventh St, NW.

Constitutional Challenges and Choices

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The next time Chancellor Merkel and President Obama get together, they could compare notes on their experiences with waiting for an important decision from their respective Supreme Courts. In June, Obama got a lift from his Chief Justice regarding the constitutionality of the Patient Protection and Affordable Care Act. This week, Merkel… Read more >

After the Decision is Before the Decision

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Professor Russell Miller is a Professor of Law at Washington & Lee University School of Law, as well as the Co-Editor-in-Chief of German Law Journal. Professor Miller has also co-authored an upcoming book with Donald P. Kommers entitled “The Constitutional Jurisprudence of the Federal Republic of Germany.” Click her for more information about this forthcoming… Read more >

Electoral Law Blues

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With the next scheduled federal election about 14 months away, Germany has a problem. On July 25, 2012 the Federal Constitutional Court ruled that most, if not all, of the electoral law passed in late 2011 is unconstitutional. In fact it is so unconstitutional that the Court refused to allow any “temporary,” stop-gap version of the old law for 2013. What happens if the Merkel government falls before then (unlikely, but always a possibility in a parliamentary system)? No one knows.

Constitutional Review and the German Bailout Controversy

The United States Supreme Court and Germany’s Federal Constitutional Court have recently become the focal point over a series of hotly debated political issues in their respective countries. As they decide on issues that could have far reaching political consequences, Donald Kommers examines the frameworks under which both courts operate.

Supervising Sovereignty: Germany’s Constitutional Court at Work

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However long it takes for the Federal Constitutional Court to rule on the legality of the European Stability Mechanism (ESM), the end result will be another chapter in the interpretation of Germany’s constitutional principles within the European Union. Ever since its founding, the Court has realized its role as a protector of the… Read more >

Counting on the Courts

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jack_janes

As political discussions continues to heat up on both sides of the Atlantic, especially in Washington, DC, the courts have increasingly become the deciding factor on a number of fiercely debated issues. How could this trend affect the credibility that governments are fighting ever harder to maintain with their electorates?