German constitutional law introduction cases and principles

  • How do cases reach the German Constitutional court?

    All German courts can refer a matter to the Federal Constitutional Court.
    The referring court must be satisfied that the provision at issue is unconstitutional and its decision must depend on that provision.
    It must give reasons..

  • How does the procedure and jurisdiction of the German Constitutional court differ from the United States Supreme Court?

    Unlike the U.S.
    Supreme Court, the Federal Constitutional Court exercises what is termed abstract judicial review; under this jurisdiction the federal or a state government or one-third of the members of the Bundestag may petition the court on the constitutionality of a statute, even before the statute has taken effect .

  • What are German fundamental laws?

    -Every person shall have the right to life and physical integrity.
    Freedom of the person shall be inviolable.
    These rights may be interfered with only pursuant to a law." According to this article, everyone in Germany is entitled to freedom and can live as he or she desires..

  • What is the Basic Law as the constitution in Germany?

    The current version of the Basic Law (Grundgesetz) of 23 May 1949 is the constitution of the Federal Republic of Germany.
    The Basic Law was adopted in 1949, initially as a provisional framework for the basic organization of the state until German reunification..

  • What is the most important law in Germany?

    The Basic Law is the most prominent body of law in Germany, hence stands above all others.
    The Basic Law consists of 146 sections, i.e. "articles"..

  • What is the most important law in Germany?

    The most important principle of the BGB is Privatautonomie, which states that all citizens have the right to rule their own affairs without interference from the state, especially in the disposal of their property according to their will and the creation of contracts with partners and with the contents they like..

  • Unlike the U.S.
    Supreme Court, the Federal Constitutional Court exercises what is termed abstract judicial review; under this jurisdiction the federal or a state government or one-third of the members of the Bundestag may petition the court on the constitutionality of a statute, even before the statute has taken effect

Is German constitutional law a state law?

Because the Basic Law defines the organizational structure of the federal government in Germany, constitutional law also falls under the category known as "state law" ("Staatsrecht") in the German legal literature

There are several German government websites that provide information in English about the Grundgesetz:

What is a series of research papers based on German law?

Series of dissertations that primarily focus on German IP and competition law, published by the P

Lang Verlag during the second half of the 20th century

Series of legal commentaries published by de Gruyter

More of a focus on EU law than German law; however, it may provide important insights into German legal principles for researchers

Who published The systematic handbook of German legal science?

This series, the "Systematic Handbook of German Legal Science" was published by Duncker and Humboldt from the early 1800s through the mid 1970s

Series of commercial law titles published by the P

Lang Verlag during the late 20th century

Germany's national professional organization for law librarians

Voting system

The German federal election system regulates the election of the members of the national parliament, called the Bundestag.
According to the principles governing the elections laws, set down in Art. 38 of the German Basic Law, elections are to be universal, direct, free, equal, and secret.
Furthermore, the German Basic Law stipulates that Bundestag elections are to take place every four years and that one can vote, and be elected, upon reaching the age of 18.
All other stipulations for the federal elections are regulated by the Federal Electoral Act.
Elections always take place on a Sunday.
Mail votes are possible upon application.

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