Recently, AICGS Non-Resident Fellow, Dr. Russell A. Miller, detailed the “1975 Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities” and its implications for contemporary surveillance in a lecture at his home Washington and Lee University School of Law. The full text is posted at Verfassungsblog. Prompting an in-depth interview with Der …Read More

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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.

Throughout the year, AICGS hosts a number of meetings with policy-makers and advisors and we are pleased to host our special guest, Senator Jeanne Shaheen, on September 13, 2012, for a private lunch discussion. The day before, the German Constitutional Court will be deciding on whether the new European bailout fund and fiscal pact break German law. The future of the euro is constantly in flux. How can the US help balance economic instability in the European Union and what do the upcoming elections mean for the transatlantic relationship? We are looking forward to having an off-the-record lunch discussion with Senator Shaheen to explore an insider’s perspective.

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 got what she …Read More

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 book. Following its …Read More

AICGS is pleased to be able to offer its members the ability to participate in its first media conference call concerning the upcoming German Constitutional Court’s decision on the legality of the new European bailout fund and fiscal pact on September 12. Their decision has the power to clear the way for the European Stability Mechanism (ESM), the permanent bailout fund, to become operational. If the court decides the ESM cannot be ratified by Germany, the rescue fund would not have the financial means to do its job. Things in the euro zone could quickly unravel. Speculative attacks on Spain and Italy would quickly follow, pushing up yields for their sovereign bonds to unsustainable levels. Even France could come under fire.

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.

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.

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 democratic process as …Read More

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?