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The Federal Constitutional Court in the German Political System

Donald P. Kommers
- 01 Jan 1994 - 
- Vol. 26, Iss: 4, pp 470-491
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TLDR
The Federal Constitutional Court is an important policy-making institution in the German political system as discussed by the authors, which has played a critical role in umpiring the federal system, resolving conflicts among branches of the national government, overseeing the process of parliamentary democracy, monitoring the financing of political parties, and reviewing restrictions on basic rights and liberties.
Abstract: 
The Federal Constitutional Court is an important policy-making institution in the German political system. As the guardian of the Basic Law, the Constitutional Court has played a critical role in umpiring the federal system, resolving conflicts among branches of the national government, overseeing the process of parliamentary democracy, monitoring the financing of political parties, and reviewing restrictions on basic rights and liberties. In each of these areas, the Court's decisions have shaped the contours of German life and politics. Its influence is fully the equal of that of the Supreme Court in American politics. Despite its “activist” record of nullifying laws favored by legislative majorities, the German Court has managed to retain its institutional independence as well as the trust of the general public.

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Citations
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Constructing a Supranational Constitution: Dispute Resolution and Governance in the European Community

Alec Stone Sweet, +1 more
- 01 Mar 1998 - 
TL;DR: In this article, the authors present a theory of European legal integration that relies on three causal factors: transnational exchange, triadic dispute resolution, and the production of legal norms.
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TL;DR: The politics of constitutional review have been studied extensively in the last few decades as mentioned in this paper, including the role of the Federal Constitutional Court in the process of implementing, public support, and transparency.
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- 01 Jan 2008 - 
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Abstract Judicial Review, Legislative Bargaining, and Policy Compromise:

Georg Vanberg
- 01 Jul 1998 - 
TL;DR: The authors analyzes the impact of abstract judicial review on legislative bargaining, using a simple game-theoretic model and finds that abstract review results in more moderate legislative proposals than would be expected in its absence.
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Establishing Judicial Independence in West Germany The Impact of Opinion Leadership and the Separation of Powers

Georg Vanberg
- 01 Apr 2000 - 
TL;DR: In the context of the U.S. Supreme Court, this paper argued that the lack of any formal connection to the electorate and its rather demonstrable vulnerability before the president and the Congress mean that the Supreme Court must depend to an extraordinary extent on the confidence, or at least the acquiescence, of the public.
References
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Book

The constitutional jurisprudence of the Federal Republic of Germany

Donald P. Kommers
TL;DR: Kommers's comprehensive work as discussed by the authors surveys the development of German constitutional doctrine between 1949, when the Federal Constitutional Court was founded, and 1996, and provides extensive commentary on German constitutional interpretation, and includes translations of seventy-eight landmark decisions.

The Constitutional Jurisprudence of the Federal Republic of Germany (3d ed. 2012)

Donald P. Kommers, +1 more
TL;DR: Kommers's comprehensive work as discussed by the authors surveys the development of German constitutional doctrine between 1949, when the Federal Constitutional Court was founded, and 1996, and provides extensive commentary on German constitutional interpretation, and includes translations of seventy-eight landmark decisions.
Book

Das politische System der Bundesrepublik Deutschland nach der Vereinigung

Klaus von Beyme
Book

Public Law and Democracy in the United Kingdom and the United States of America

Paul Craig
TL;DR: Dicey - unitary, self-correcting democracy, and public law pluralist democracy, groups and process - USA pluralism, process and substance - UK constitutional reform and democracy - UK liberalism - the right, the good and the scope of public law republicanism, civic virtue and participatory democracy participatory democracies as discussed by the authors.
Book

The Constitution of the Federal Republic of Germany

David P. Currie
TL;DR: Currie as discussed by the authors provides an overview of the essential features of the Basic Law of Germany, and then elucidates those features by analyzing a number of decisions of the German Constitutional Court.
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