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Author : Jean Du Buy
Publisher :
ISBN 13 :
Total Pages : 62 pages
Book Rating : 4.3/5 (91 download)
Download or read book Two Aspects of the German Constitution written by Jean Du Buy and published by . This book was released on 1894 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Two Aspects of the German Constitution written by and published by . This book was released on 1894 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jean Du Buy
Publisher : Forgotten Books
ISBN 13 : 9780428462444
Total Pages : 42 pages
Book Rating : 4.4/5 (624 download)
Download or read book Two Aspects of the German Constitution written by Jean Du Buy and published by Forgotten Books. This book was released on 2018-01-06 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Two Aspects of the German Constitution: A Thesis But, while according to this Article the members of the Federal Council are representatives of the members states, Article 9 calls it their function to represent the views of their respective governments. Article 9 begins: Every mem ber of the Federal Council has the right to appear in the Imperial Diet (reichstag), and has to be heard there on his demand at any time to represent the views of his govern ment. And again in contrast with Article 9, the preamble to the Constitution of the North German Federation, which latter was the predecessor of the present German Empire, enumerates the nineteen North German princes and the sen ates of the three free cities, and declares that they make an eternal union. This preamble sounds as if the princes and the senates were the parties to the transaction, and are now the members of the union. The question arises now, How can we unite these seem ingly contradictory passages where in one of them the mem ber states, in another the governments of the states, and in a third the sovereigns of the states seem to be considered the members of the empire? My standpoint-is this. It is impossible to deny that Article 6 calls the member states the members of the empire. But Prof. Laband is right in saying that the princes are the legitimate representatives of their respective states, and that they therefore together with the three senates may be considered the members of the empire and it is in this sense that the preamble to the Constitution of the North German Federation treats the princes and senates as the members of the empire. And finally it means the same thing whether one says either that the allied princes and sen ates, or that the allied governments are the members of the empire, and that for the reason that the term allied govern ments is so wide that it is applicable to the executives of all the German member states, of the twenty-two monarchies among them as well as of the three republics, and of the absolute monarchies as well as of the constitutional ones. This part of my explanation would reconcile the preamble to Article 9. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : Jean Du Buy
Publisher : Palala Press
ISBN 13 : 9781359308900
Total Pages : pages
Book Rating : 4.3/5 (89 download)
Download or read book Two Aspects of the German Constitution written by Jean Du Buy and published by Palala Press. This book was released on 2016-05-24 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : David P. Currie
Publisher : University of Chicago Press
ISBN 13 : 9780226131139
Total Pages : 460 pages
Book Rating : 4.1/5 (311 download)
Download or read book The Constitution of the Federal Republic of Germany written by David P. Currie and published by University of Chicago Press. This book was released on 1994 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: An introduction to the study of the German constitution, beginning with an overview of the essential features of the Basic Law of Germany. The book goes on to analyze a number of decisions of the German Constitutional Court and contrasts German constitutional law with the American model.
Author : Heinrich Oppenheimer
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Constitution of the German Republic written by Heinrich Oppenheimer and published by . This book was released on 1923 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Arthur Gunlicks
Publisher : Manchester University Press
ISBN 13 : 9780719065330
Total Pages : 426 pages
Book Rating : 4.0/5 (653 download)
Download or read book The Lander and German Federalism written by Arthur Gunlicks and published by Manchester University Press. This book was released on 2003-11-22 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed introduction to how the Lander (the 16 states of Germany) function not only within the country itself but also within the wider context of European political affairs. Some knowledge of the role of the Lander is essential to an understanding of the political system as well as of German federalism. This book traces the origin of the Lander. It looks at their place in the constitutional order of the country and the political and administrative system. Their organization and administration are fully covered, as is their financing. Parties and elections in the Lander and the controversial roles of parliaments and deputies are also examined.
Author : Jean Du Buy
Publisher :
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4.B/5 (1 download)
Download or read book Two Aspects of the German Constitution: A Thesis Presented to the Philosophical Faculty of Yale University for the Degree of Doctor of Philosophy written by Jean Du Buy and published by . This book was released on 1894 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Donald P. Kommers
Publisher : Duke University Press
ISBN 13 : 9780822318385
Total Pages : 656 pages
Book Rating : 4.3/5 (183 download)
Download or read book The Constitutional Jurisprudence of the Federal Republic of Germany written by Donald P. Kommers and published by Duke University Press. This book was released on 1997 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Peter C. Caldwell
Publisher : Duke University Press
ISBN 13 : 9780822319887
Total Pages : 324 pages
Book Rating : 4.3/5 (198 download)
Download or read book Popular Sovereignty and the Crisis of German Constitutional Law written by Peter C. Caldwell and published by Duke University Press. This book was released on 1997 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).
Author : Germany
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.F/5 ( download)
Download or read book The German Constitution written by Germany and published by . This book was released on 1919 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Klaus Meßerschmidt
Publisher : Springer
ISBN 13 : 3319332171
Total Pages : 412 pages
Book Rating : 4.3/5 (193 download)
Download or read book Rational Lawmaking under Review written by Klaus Meßerschmidt and published by Springer. This book was released on 2016-07-26 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court ́s approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers’ duty to legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation experts and public law scholars to elaborate on ‘legisprudence under review’, this contributed volume aspires to shed light on the constitutionalisation of rational lawmaking as a controversial trend gaining ground in both national and international jurisdictions. The book is divided into five parts. Part I frames the two key issues pervading the whole collection: the intricate relationship between judicial review and democracy, on the one hand, and the possibility of improving and rationalizing the task of legislation under the current circumstances of politics, on the other. Part II provides an overview of the judicial review of rational lawmaking, laying special emphasis on the duty of legislative justification imposed on lawmakers by the German Constitutional Court. Part III is devoted to the review of the systemic rationality of legislation, in particular to the requirements of legislative consistence and coherence as developed by this court. Contributions in Part IV revolve around the judicial scrutiny of the socio-empirical elements of rational lawmaking, with the control of legislative facts and impacts and the problem of symbolic laws being the central topics. Finally, Part V draws on the German case law to discuss the links between rational lawmaking, balancing and proportionality, and the interdependence between process review and substantive review of legislation.
Author : Anneli Albi
Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)
Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Author : Ralf Rogowski
Publisher :
ISBN 13 : 9781785332739
Total Pages : 304 pages
Book Rating : 4.3/5 (327 download)
Download or read book Constitutional Courts in Comparison written by Ralf Rogowski and published by . This book was released on 2016 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation.
Author : András Jakab
Publisher : Cambridge University Press
ISBN 13 : 1108138616
Total Pages : 867 pages
Book Rating : 4.1/5 (81 download)
Download or read book Comparative Constitutional Reasoning written by András Jakab and published by Cambridge University Press. This book was released on 2017-04-27 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Matthias Jestaedt
Publisher : Oxford University Press
ISBN 13 : 0192512102
Total Pages : 257 pages
Book Rating : 4.1/5 (925 download)
Download or read book The German Federal Constitutional Court written by Matthias Jestaedt and published by Oxford University Press. This book was released on 2020-03-05 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Donald P. Kommers
Publisher : Duke University Press
ISBN 13 : 0822352664
Total Pages : 902 pages
Book Rating : 4.8/5 (223 download)
Download or read book The Constitutional Jurisprudence of the Federal Republic of Germany written by Donald P. Kommers and published by Duke University Press. This book was released on 2012-11-09 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
