The Constitutional Jurisprudence of the Federal Republic of Germany

Third edition, Revised and Expanded

Author: Kommers, Donald P.; Miller, Russell A.
Publisher: Duke University Press
ISBN: 9780822352488
eISBN Pdf: 9780822395386
Place of publication: Durham , United States
Year of digital publication: 2012
Month: November
Pages: 904
DDC: 342.43
Language: English

Caption

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.

Contents
Foreword to the Third Edition: Justice Ruth Bader Ginsburg
Preface to the Third Edition
Acknowledgments
Note on Translation and Judicial Opinions
Abbreviations
Part I: German Constitutionalism
- 1. The Federal Constitutional Court
  - Origin
  - Jurisdiction
  - Institution
  - Process
  - Judicial Review in Operation
  - Conclusion
- 2. The Basic Law and Its Interpretation
  - New Constitutionalism of the Basic Law
  - Nature of the Polity
  - Theories of the Constitution
  - Theory of Basic Rights
  - Interpretive Modes and Techniques
  - Sources of Interpretation
  - Conclusion
Part II: Constitutional Structures and Relationships
- 3. Federalism
  - Territorial Organization
  - Doctrine of Federal Comity
  - Apportionment and Distribution of Revenue
  - Local Self-Government
  - Bundesrat, Reform Gridlock, and Modern Federalism
  - Division of Legislative Power
  - Cooperative Federalism
  - Implementation of Federal Law
  - Conclusion
- 4. Separation of Powers
  - Executive-Legislative Relations
  - Judicial versus Legislative Authority
  - Delegation of Legislative Power
  - Foreign and Military Affairs
  - Conclusion
- 5. Political Representation and Democracy
  - Parliamentary Democracy
  - Elections and Voting
  - Party State and Political Spending
  - Militant Democracy
  - Conclusion
- 6. Jurisprudence of the Open State
  - Basic Law and International Law
  - Basic Law and European Law
  - Conclusion
Part III: Basic Rights and Liberties
- 7. Human Dignity, Personal Liberty, and Equality
  - Dignity of Persons
  - Right to Life
  - Right to Personality
  - Equality
  - Conclusion
- 8. Freedom of Speech, Press, and Art
  - A Jurisprudence of Balancing
  - Reputational Interests and Offensive Speech
  - Resocialization, Privacy, Truth-Telling, and Assembly
  - Freedom of the Press and Broadcasting
  - Artistic and Academic Freedom
  - Conclusion
- 9. Religion, Conscience, and Family Rights
  - Free Exercise of Religion
  - Minority Religions
  - Religious Practices and Symbols in Public Schools
  - Taxation, Autonomy, and Religious Societies
  - Marriage and Family Rights
  - Conclusion
- 10. Economic Liberties and the Social State
  - Nature of the Economic System
  - Right to Property
  - Occupational and Associational Rights
  - Reunification and Economic Liberties
  - Conclusion
Appendix A: Chronological Chart of the Justices
Appendix B: Biographical Sketches of Presidents and Vice Presidents
Notes
Table of Cases
Index
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Third edition, Revised and Expanded

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