The Constitutional Jurisprudence of the Federal Republic of Germany

The Constitutional Jurisprudence of the Federal Republic of Germany
Author: Donald P. Kommers
Publisher: Duke University Press
Total Pages: 902
Release: 2012-11-09
Genre: History
ISBN: 0822352664

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.

The Constitutional Jurisprudence of the Federal Republic of Germany

The Constitutional Jurisprudence of the Federal Republic of Germany
Author: Donald P. Kommers
Publisher: Duke University Press
Total Pages: 656
Release: 1997
Genre: Law
ISBN: 9780822318385

Kommers's comprehensive work surveys the development of German constitutional doctrine between 1949, when the Federal Constitutional Court was founded, and 1996. Extensively revised and expanded to take into account recent developments since German unification, this second edition describes the background, structure, and functions of the Court and provides extensive commentary on German constitutional interpretation, and includes translations of seventy-eight landmark decisions. These cases include the highly controversial religious liberty and free speech cases handed down in 1995.

German Constitutional Law

German Constitutional Law
Author: Christian Bumke
Publisher: Oxford University Press
Total Pages: 606
Release: 2019-02-06
Genre: Law
ISBN: 0192535617

This revised and fully up-to-date English translation of the 7th edition of the Casebook Verfassungsrecht includes a new outline of the German constitution, the BVerfG Court, and its jurisprudence. It condenses more than six decades of constitutional jurisprudence in order to familiarize readers with the style, technique, and language of the Court. As well as an analysis of the general principles of German constitutional law, the book covers the salient articles of the German Constitution and offers relevant extracts of the Court's most important decisions on the provisions of the Basic Law. It provides notes and discussions of landmark cases to illustrate their legal and historical context and give the reader a clear understanding of the principles governing German constitutional law. The book covers the fundamental rights catalogue of the Basic Law and offers a comprehensive account of its intellectual moorings. It includes landmark jurisprudence on the equal treatment of same-sex couples, life imprisonment, the legal structure of property, the right to assembly, and the right to informational self-presentation. The book also covers the provisions and respective case law governing the state structure of Germany, for instance the recent decisions on the prohibition of the far-right German nationalist party, and the Court's jurisprudence on European integration, including the most recent decisions on the OMT-program of the European Central Bank.

Constitutional Engagement in a Transnational Era

Constitutional Engagement in a Transnational Era
Author: Vicki Jackson
Publisher: Oxford University Press, USA
Total Pages: 538
Release: 2013-05-30
Genre: Law
ISBN: 019993469X

Constitutional Engagement in a Transnational Era explores how transnational phenomena affect our understanding of the role of constitutions and of courts in deciding constitutional cases. In it, Vicki Jackson looks at constitutional court decisions from around the world, and identifying postures of resistance, convergence or engagement with international and foreign law.

Law in West German Democracy

Law in West German Democracy
Author: Hugh Ridley
Publisher: BRILL
Total Pages: 342
Release: 2019-10-01
Genre: History
ISBN: 9004414479

Law in West German Democracy relates the history of the Federal Republic of Germany as seen through a series of significant trials conducted between 1947 and 2017, explaining how these trials came to take place, the legal issues which they raised, and their importance to the development of democracy in a country slowly emerging from a murderous and criminal régime. It thus illustrates the central issues of the new republic. If, as a Minister for Justice once remarked, crime can be seen as ‘the reverse image of any political system, the shadow cast by the social and economic structures of the day’, it is natural to use court cases to illuminate the eventful history of the Federal Republic’s first seventy years.

Ugly Freedoms

Ugly Freedoms
Author: Elisabeth R. Anker
Publisher: Duke University Press
Total Pages: 154
Release: 2021-10-25
Genre: Philosophy
ISBN: 147802240X

In Ugly Freedoms Elisabeth R. Anker reckons with the complex legacy of freedom offered by liberal American democracy, outlining how the emphasis of individual liberty has always been entangled with white supremacy, settler colonialism, climate destruction, economic exploitation, and patriarchy. These “ugly freedoms” legitimate the right to exploit and subjugate others. At the same time, Anker locates an unexpected second type of ugly freedom in practices and situations often dismissed as demeaning, offensive, gross, and ineffectual but that provide sources of emancipatory potential. She analyzes both types of ugly freedom at work in a number of texts and locations, from political theory, art, and film to food, toxic dumps, and multispecies interactions. Whether examining how Kara Walker’s sugar sculpture A Subtlety, Or the Marvelous Sugar Baby reveals the importance of sugar plantations to liberal thought or how the impoverished neighborhoods in The Wire blunt neoliberalism’s violence, Anker shifts our perspective of freedom by contesting its idealized expressions and expanding the visions for what freedom can look like, who can exercise it, and how to build a world free from domination.

The German Federal Constitutional Court

The German Federal Constitutional Court
Author: Matthias Jestaedt
Publisher: Oxford University Press
Total Pages: 405
Release: 2020-03-05
Genre: Law
ISBN: 0192512102

This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.

Comparative Constitutional Reasoning

Comparative Constitutional Reasoning
Author: András Jakab
Publisher: Cambridge University Press
Total Pages: 867
Release: 2017-04-27
Genre: Law
ISBN: 1108138616

To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

Theft Is Property!

Theft Is Property!
Author: Robert Nichols
Publisher: Duke University Press
Total Pages: 160
Release: 2019-12-20
Genre: Social Science
ISBN: 1478007508

Drawing on Indigenous peoples' struggles against settler colonialism, Theft Is Property! reconstructs the concept of dispossession as a means of explaining how shifting configurations of law, property, race, and rights have functioned as modes of governance, both historically and in the present. Through close analysis of arguments by Indigenous scholars and activists from the nineteenth century to the present, Robert Nichols argues that dispossession has come to name a unique recursive process whereby systematic theft is the mechanism by which property relations are generated. In so doing, Nichols also brings long-standing debates in anarchist, Black radical, feminist, Marxist, and postcolonial thought into direct conversation with the frequently overlooked intellectual contributions of Indigenous peoples.