The Constitutional Jurisprudence of the Federal – Third edition, Revised and Expanded
Autor Donald P. Kommers, Russell A. Milleren Limba Engleză Paperback – 8 noi 2012
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Specificații
ISBN-13: 9780822352662
ISBN-10: 0822352664
Pagini: 904
Ilustrații: 8 tables
Dimensiuni: 203 x 255 x 48 mm
Greutate: 1.55 kg
Ediția:Revised, Expand
Editura: MD – Duke University Press
ISBN-10: 0822352664
Pagini: 904
Ilustrații: 8 tables
Dimensiuni: 203 x 255 x 48 mm
Greutate: 1.55 kg
Ediția:Revised, Expand
Editura: MD – Duke University Press
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Recenzii
In the endeavour to gain knowledge from the constitutional problems confronted and resolutions reached by our judicial counterparts abroad, this work by Donald P. Kommers and Russell A. Miller is a rich resource. Offering far more than excellent English-language translations of the decisions of a renowned tribunal, Professors Kommers and Miller supply incisive analyses and commentary. Brought right up to the moment, the third edition of The Constitutional Jurisprudence of the Federal Republic of Germany is engaging, enlightening, and indispensable for those seeking to learn from the text and context of German constitutional jurisprudence. United States Supreme Court Justice Ruth Bader Ginsburg, from the New Foreword to the Third Edition
The constitutional law of Germanyand the judgments of the German Federal Constitutional Courtare central for anyone interested in comparative constitutional law. This book is an excellent introduction to German constitutional thinking. It makes one better understand ones own constitution and its problems. I have relied heavily on the previous editions. This latest one is essential. - Former President Aharon Barak, Supreme Court of Israel
Since 1989, The Constitutional Jurisprudence of the Federal Republic of Germany, initially authored by Donald Kommers and now co-authored with Russell Miller, has provided a welcome window to the rich jurisprudence on the German Basic Law. For those working in the field of comparative constitutional and human rights law (and especially those who do not have a grasp of German), the third edition of this book remains, like its two predecessors, an essential resource. It is fitting that the publication of the third edition should mark the 60th anniversary of the Federal Constitutional Court, a Court whose careful and serious engagement with the task of constitutional adjudication is admired all over the world. - Former Justice Kate O'Regan, South African Constitutional Court
Donald Kommers and Russell Miller's book on German constitutional law is a necessary resource for scholars, lawyers and judges in the age of European and global constitutionalism. A model to be imitated, in order to develop a veritable pluralistic constitutionalism. - Justice Marta Cartabia, Italian Constitutional Court
This book provides comprehensive information of the case law of one of the most powerful constitutional jurisdictions of the modern world. Its unique value is due to a successful combination of carefully selected excerpts from the decisions of the Bundesverfassungsgericht and the commentary of the authors. Like two previous editions (1989 and 1997), it will become an indispensable tool for all interested in German constitutional law and practice. The present edition not only updates the classic case-law on federalism and individual rights, but also addresses newly emerging constitutional issues, including Germanys participation in the European Union and the internal and external consequences of the war on terror. - Judge Lech Garlicki, European Court of Human Rights, Former Justice, Polish Constitutional Court
"In the endeavour to gain knowledge from the constitutional problems confronted and resolutions reached by our judicial counterparts abroad, this work by Donald P. Kommers and Russell A. Miller is a rich resource. Offering far more than excellent English-language translations of the decisions of a renowned tribunal, Professors Kommers and Miller supply incisive analyses and commentary. Brought right up to the moment, the third edition of The Constitutional Jurisprudence of the Federal Republic of Germany is engaging, enlightening, and indispensable for those seeking to learn from the text and context of German constitutional jurisprudence." United States Supreme Court Justice Ruth Bader Ginsburg, from the New Foreword to the Third Edition "The constitutional law of Germany - and the judgments of the German Federal Constitutional Court - are central for anyone interested in comparative constitutional law. This book is an excellent introduction to German constitutional thinking. It makes one better understand one's own constitution and its problems. I have relied heavily on the previous editions. This latest one is essential." - Former President Aharon Barak, Supreme Court of Israel "Since 1989, The Constitutional Jurisprudence of the Federal Republic of Germany, initially authored by Donald Kommers and now co-authored with Russell Miller, has provided a welcome window to the rich jurisprudence on the German Basic Law. For those working in the field of comparative constitutional and human rights law (and especially those who do not have a grasp of German), the third edition of this book remains, like its two predecessors, an essential resource. It is fitting that the publication of the third edition should mark the 60th anniversary of the Federal Constitutional Court, a Court whose careful and serious engagement with the task of constitutional adjudication is admired all over the world." - Former Justice Kate O'Regan, South African Constitutional Court "Donald Kommers' and Russell Miller's book on German constitutional law is a necessary resource for scholars, lawyers and judges in the age of European and global constitutionalism. A model to be imitated, in order to develop a veritable pluralistic constitutionalism." - Justice Marta Cartabia, Italian Constitutional Court "This book provides comprehensive information of the case law of one of the most powerful constitutional jurisdictions of the modern world. Its unique value is due to a successful combination of carefully selected excerpts from the decisions of the Bundesverfassungsgericht and the commentary of the authors. Like two previous editions (1989 and 1997), it will become an indispensable tool for all interested in German constitutional law and practice. The present edition not only updates the 'classic' case-law on federalism and individual rights, but also addresses newly emerging constitutional issues, including Germany's participation in the European Union and the - internal and external - consequences of the 'war on terror'." - Judge Lech Garlicki, European Court of Human Rights, Former Justice, Polish Constitutional Court
The constitutional law of Germanyand the judgments of the German Federal Constitutional Courtare central for anyone interested in comparative constitutional law. This book is an excellent introduction to German constitutional thinking. It makes one better understand ones own constitution and its problems. I have relied heavily on the previous editions. This latest one is essential. - Former President Aharon Barak, Supreme Court of Israel
Since 1989, The Constitutional Jurisprudence of the Federal Republic of Germany, initially authored by Donald Kommers and now co-authored with Russell Miller, has provided a welcome window to the rich jurisprudence on the German Basic Law. For those working in the field of comparative constitutional and human rights law (and especially those who do not have a grasp of German), the third edition of this book remains, like its two predecessors, an essential resource. It is fitting that the publication of the third edition should mark the 60th anniversary of the Federal Constitutional Court, a Court whose careful and serious engagement with the task of constitutional adjudication is admired all over the world. - Former Justice Kate O'Regan, South African Constitutional Court
Donald Kommers and Russell Miller's book on German constitutional law is a necessary resource for scholars, lawyers and judges in the age of European and global constitutionalism. A model to be imitated, in order to develop a veritable pluralistic constitutionalism. - Justice Marta Cartabia, Italian Constitutional Court
This book provides comprehensive information of the case law of one of the most powerful constitutional jurisdictions of the modern world. Its unique value is due to a successful combination of carefully selected excerpts from the decisions of the Bundesverfassungsgericht and the commentary of the authors. Like two previous editions (1989 and 1997), it will become an indispensable tool for all interested in German constitutional law and practice. The present edition not only updates the classic case-law on federalism and individual rights, but also addresses newly emerging constitutional issues, including Germanys participation in the European Union and the internal and external consequences of the war on terror. - Judge Lech Garlicki, European Court of Human Rights, Former Justice, Polish Constitutional Court
"In the endeavour to gain knowledge from the constitutional problems confronted and resolutions reached by our judicial counterparts abroad, this work by Donald P. Kommers and Russell A. Miller is a rich resource. Offering far more than excellent English-language translations of the decisions of a renowned tribunal, Professors Kommers and Miller supply incisive analyses and commentary. Brought right up to the moment, the third edition of The Constitutional Jurisprudence of the Federal Republic of Germany is engaging, enlightening, and indispensable for those seeking to learn from the text and context of German constitutional jurisprudence." United States Supreme Court Justice Ruth Bader Ginsburg, from the New Foreword to the Third Edition "The constitutional law of Germany - and the judgments of the German Federal Constitutional Court - are central for anyone interested in comparative constitutional law. This book is an excellent introduction to German constitutional thinking. It makes one better understand one's own constitution and its problems. I have relied heavily on the previous editions. This latest one is essential." - Former President Aharon Barak, Supreme Court of Israel "Since 1989, The Constitutional Jurisprudence of the Federal Republic of Germany, initially authored by Donald Kommers and now co-authored with Russell Miller, has provided a welcome window to the rich jurisprudence on the German Basic Law. For those working in the field of comparative constitutional and human rights law (and especially those who do not have a grasp of German), the third edition of this book remains, like its two predecessors, an essential resource. It is fitting that the publication of the third edition should mark the 60th anniversary of the Federal Constitutional Court, a Court whose careful and serious engagement with the task of constitutional adjudication is admired all over the world." - Former Justice Kate O'Regan, South African Constitutional Court "Donald Kommers' and Russell Miller's book on German constitutional law is a necessary resource for scholars, lawyers and judges in the age of European and global constitutionalism. A model to be imitated, in order to develop a veritable pluralistic constitutionalism." - Justice Marta Cartabia, Italian Constitutional Court "This book provides comprehensive information of the case law of one of the most powerful constitutional jurisdictions of the modern world. Its unique value is due to a successful combination of carefully selected excerpts from the decisions of the Bundesverfassungsgericht and the commentary of the authors. Like two previous editions (1989 and 1997), it will become an indispensable tool for all interested in German constitutional law and practice. The present edition not only updates the 'classic' case-law on federalism and individual rights, but also addresses newly emerging constitutional issues, including Germany's participation in the European Union and the - internal and external - consequences of the 'war on terror'." - Judge Lech Garlicki, European Court of Human Rights, Former Justice, Polish Constitutional Court
Notă biografică
Cuprins
Foreword to the Third Edition / Justice Ruth Bader Ginsburg xi
Preface to the Third Edition xiii
Acknowledgments xvii
Note on Translations and Judicial Opinions xxi
Abbreviations xxv
Part I. German Constitutionalism
1. The Federal Constitutional Court 3
Origin 4
Jurisdiction 10
Institution 17
Process 25
Judicial Review in Operation 33
Conclusion 40
2. Basic Law and Its Interpretation 42
New Constitutionalism of the Basic Law 43
Nature of the Polity 48
Theories of the Constitution 55
Theory of Basic Rights 59
Interpretive Modes and Techniques 62
Sources of Interpretation 70
Conclusion 75
Part II. Constitutional Structures and Relationships
3. Federalism 79
Territorial Organization 80
Doctrine of Federal Comity 90
Apportionment and Distribution of Revenue 95
Local Self-Government 104
Bundesrat, Reformstau, and Modern Federalism 110
Division of Legislative Power 120
Cooperative Federalism 138
Implementation of Federal Law 141
Conclusion 150
4. Separation of Powers 152
Executive-Legislative Relations 153
Judicial versus Legislative Authority 164
Delegation of Legislative Power 175
Foreign and Military Affairs 189
Conclusion 214
5. Political Representation and Democracy 216
Parliamentary Democracy 216
Elections and Voting 238
Party State and Political Spending 269
Militant Democracy 285
Conclusion 300
6. Jurisprudence of the Open State 302
Basic Law and International Law 302
Germany's Constitutional Openness and International Tribunals 319
Basic Law and European Law 325
Conclusion 352
Part III. Basic Rights and Liberties
7. Human Dignity, Personal Liberty, and Equality 355
Dignity of Persons 356
Right to Life 373
Right to Personality 399
Equality 419
Conclusion 439
8. Freedom of Speech, Press, and Art 441
A Jurisprudence of Balancing 442
Reputational Interests and Offensive Speech 460
Resocialization, Privacy, Truth-Telling, and Assembly 479
Freedom of the Press and Broadcasting 502
Artistic and Academic Freedom 519
Conclusion 536
9. Religion, Conscience, and Family Rights 538
Free Exercise of Religion 539
Minority Religions 553
Religious Practices and Symbols in Public Schools 566
Taxation, Autonomy, and Religious Societies 590
Marriage and Family Rights 600
Conclusion 620
10. Economic Liberties and the Social State 622
Nature of the Economic System 623
Right to Property 630
Occupational and Associational Rights 659
Reunification and Economic Liberties 685
Conclusion 711
Appendix A: Chronological Chart of the Justices 713
Appendix B: Biographical Sketches of Presidents and Vice Presidents 717
Notes 725
Tables of Cases 833
Index
Permissions 845
Preface to the Third Edition xiii
Acknowledgments xvii
Note on Translations and Judicial Opinions xxi
Abbreviations xxv
Part I. German Constitutionalism
1. The Federal Constitutional Court 3
Origin 4
Jurisdiction 10
Institution 17
Process 25
Judicial Review in Operation 33
Conclusion 40
2. Basic Law and Its Interpretation 42
New Constitutionalism of the Basic Law 43
Nature of the Polity 48
Theories of the Constitution 55
Theory of Basic Rights 59
Interpretive Modes and Techniques 62
Sources of Interpretation 70
Conclusion 75
Part II. Constitutional Structures and Relationships
3. Federalism 79
Territorial Organization 80
Doctrine of Federal Comity 90
Apportionment and Distribution of Revenue 95
Local Self-Government 104
Bundesrat, Reformstau, and Modern Federalism 110
Division of Legislative Power 120
Cooperative Federalism 138
Implementation of Federal Law 141
Conclusion 150
4. Separation of Powers 152
Executive-Legislative Relations 153
Judicial versus Legislative Authority 164
Delegation of Legislative Power 175
Foreign and Military Affairs 189
Conclusion 214
5. Political Representation and Democracy 216
Parliamentary Democracy 216
Elections and Voting 238
Party State and Political Spending 269
Militant Democracy 285
Conclusion 300
6. Jurisprudence of the Open State 302
Basic Law and International Law 302
Germany's Constitutional Openness and International Tribunals 319
Basic Law and European Law 325
Conclusion 352
Part III. Basic Rights and Liberties
7. Human Dignity, Personal Liberty, and Equality 355
Dignity of Persons 356
Right to Life 373
Right to Personality 399
Equality 419
Conclusion 439
8. Freedom of Speech, Press, and Art 441
A Jurisprudence of Balancing 442
Reputational Interests and Offensive Speech 460
Resocialization, Privacy, Truth-Telling, and Assembly 479
Freedom of the Press and Broadcasting 502
Artistic and Academic Freedom 519
Conclusion 536
9. Religion, Conscience, and Family Rights 538
Free Exercise of Religion 539
Minority Religions 553
Religious Practices and Symbols in Public Schools 566
Taxation, Autonomy, and Religious Societies 590
Marriage and Family Rights 600
Conclusion 620
10. Economic Liberties and the Social State 622
Nature of the Economic System 623
Right to Property 630
Occupational and Associational Rights 659
Reunification and Economic Liberties 685
Conclusion 711
Appendix A: Chronological Chart of the Justices 713
Appendix B: Biographical Sketches of Presidents and Vice Presidents 717
Notes 725
Tables of Cases 833
Index
Permissions 845
Descriere
An invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics.