The Constitution of Germany

1. Auflage 2010
ISBN: 978-1-84113-868-8
Verlag: Bloomsbury 3PL

Buch, Englisch, 276 Seiten, Format (B × H): 140 mm x 216 mm, Gewicht: 351 g

Reihe: Constitutional Systems of the World

The German Basic Law, enacted in 1949 after total defeat and the experience of totalitarian barbarism, has become a model for constitutions around the world and a prominent example of modern constitutionalism. It features five fundamental principles - democracy, rule of law/Rechtsstaat, the social state, republican government and federalism – each expressly guaranteed and protected against constitutional amendment. As such the German Basic Law is a prime example of a cooperative and predominantly executive federalism characterised by a high degree of unitarianism and equality of its member states. The institutional structure, featuring the principle of the separation of powers, is a parliamentary system of government, in which the Chancellor and the political parties play leading roles. The Bundestag remains a powerful Parliament, while the Bundesrat and the Prime Ministers of the Länder act as an important counterweight. The Constitutional Court, as interpreter of the Constitution and possessor of a broad range of competences, occupies an especially important position, acting as arbiter between the different Federal institutions as well as between the Federation and the Länder. In the field of fundamental rights the Court has achieved far-reaching constitutionalisation and juridification of the whole political system, while at the same time creating a strong and consistent system of individual freedom and the liberalisation of society.

Autoren/Hrsg.

Heun, Werner

Fachgebiete

• Rechtswissenschaften Öffentliches Recht Staats- und Verfassungsrecht

Inhaltsverzeichnis

1. Introduction: Some Peculiarities of German Constitutional Law and Jurisprudence

2. The Rise of Constitutionalism in Germany—Traditions and Concepts

3. The Fundamental Principles of the Constitution and Democratic Legitimacy

Part I Foundations

Part II The Democratic Principle

Part III The Rechtsstaat Principle

Part IV The Social State Principle

Part V Republican Form of Government

Part VI Federalism as Fundamental Principle

Conclusion

4. The Federal System

Part I Foundations

Part II The Constitutional Principles of Federalism

Part III Structure of Functions and Competences in German Federalism

Part IV From Dual to Cooperative Federalism and Beyond

Part V Federalism within a Multilevel Structure of Government

Conclusion

5. Separation of Powers and Parliamentary Government

Part I Separation of Powers as a Constitutional Principle

Part II The People

Part III The Political Parties as a Link between State and Society

Part IV The Bundestag—The German Parliament

Part V Parliamentary Government

Conclusion

6. Government and Administration

Part I Cabinet and Federal Government

Part II The Federal President

Part III Administration

Part IV The Military

Conclusion

7. The Constitutional Role of the Judiciary and the Constitutional Court

Part I The Courts

Part II The Constitutional Court

Conclusion

8. The System of Fundamental Rights

9. Epilogue

Über Autor(innen)

Werner Heun is Professor at the Law Faculty of the University of Göttingen and Director of the Institute for General Theory of State and Political Sciences.