This collection of essays from Dieter Grimm, Germany’s most renowned constitutional scholar, shines a light on the jurisprudence of the German Constitutional Court and constitutional adjudication in general. Established in 1951, the court has become a blueprint for new courts ever since and its jurisprudence, particularly in the field of fundamental rights, has influenced the decisions of judges throughout the world. After the seismic constitutional changes of the years 1989–90 in Germany and beyond, many countries adopted new democratic constitutions and established constitutional courts in order to make their constitutions effective. Today, many of these courts are under attack both politically and intellectually. In this book, Grimm considers some of the fundamental questions under academic scrutiny today: are constitutional courts political or legal institutions? Is judicial review a political or a legal activity? Is it a threat to, or a condition, of democracy? Should these courts be abolished or strengthened? Is a rational interpretation of constitutional law possible? The essays provide answers to these questions and describe how constitutional courts work if they properly fulfill their function of enforcing the constitution. A special emphasis is put on the importance of constitutional interpretation: something, the author argues, that most critics of constitutional adjudication neglect.
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Part I: A Prelude1. The Federal Constitutional Court of Germany: A SurveyPart II: Judicial Review and Democracy2. Constitutional Adjudication in a Democratic System3. Neither Indispensable Nor Contradictory. Constitutional Adjudication and DemocracyPart III: Constitutional Adjudication: Law or Politics?4. What Exactly is Political about Constitutional Adjudication?5. Law or Politics? The Kelsen-Schmitt Controversy Over Constitutional Adjudication and the Current SituationPart IV: The Process: Constitutional Interpretation6. Constitutions, Constitutional Courts and Constitutional Interpretation at the Interface of Law and Politics7. On the Relationship between Interpretation Theory, Constitutional Adjudication and the Democracy Principle in Kelsen8. Habermas on Constitutional Jurisprudence9. Behind the Scenes: The Genesis of the Elfes Judgment10. Constitutional Jurisprudence and Constitutional ScholarshipPart V: Institutional Questions11. Problems Relating to the System of Specialised Constitutional Courts in Germany12. On the Relationship between the Federal Constitutional Court and Ordinary CourtsPart VI: Europe: Competing Courts13. The Role of National Constitutional Courts in European Democracy14. A Long Time ComingPart VII: Opponents15. New Radical Criticism of Constitutional Adjudication
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A collection of essays from Dieter Grimm, Germany’s most renowned constitutional scholar, shining a light on the jurisprudence of the German Constitutional Court.
The German court and its adjudicative approach to constitutional law is important and interesting to a global comparative constitutional law audience
Thought-provoking works of scholarship addressing diverse aspects of constitutional theory in a concise and crystalline manner.Authors writing for this series cover a wide range of perspectives, methods, and regions, to enhance our understanding of constitutions as central institutions of modern public life. Taken together, the books in this series aim to challenge established wisdom and advance original ideas.This series is a natural home for books interrogating the concepts and structures of constitutions on the national, the supranational and the international level. Its guiding philosophy is that the task of constitutional theory is not only to delineate the basic structures of government and to protect human rights, but also more broadly to offer methods for grappling with the social, political, and economic problems societies face today. The series is open to theoretical, normative, analytical, empirical and comparative approaches, stemming from legal studies as well as from political philosophy and political science. In its ambition to become a global forum for debate about constitutional theory, the series editors welcome submissions for monographs as well as edited volumes from all parts of the world. If you are interested in submitting a proposal to this series please contact Kate Whetter (katew@hartpub.co.uk) for more details.Series Advisory Board: Virgílio Afonso da Silva, University of São Paulo, BrazilTrevor Allan, University of Cambridge, UKCora Chan, University of Hong Kong, Hong KongRosalind Dixon, University of New South Wales, AustraliaRainer Forst, Goethe Universistät, Germany Gabor Halmai, European University Institute, ItalyTarunabh Khaitan, University of Oxford, UKVanessa MacDonnell, University of Ottawa, CanadaYaniv Roznai, Harry Radzyner Law School, IsraelFred Schauer, University of Virginia, USAMila Versteeg, University of Virgina, USA
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Produktdetaljer

ISBN
9781509976850
Publisert
2025-01-09
Utgiver
Vendor
Hart Publishing
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, U, 06, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
312

Forfatter

Om bidragsyterne

Dieter Grimm is an internationally renowned authority on constitutional law, constitutional theory, constitutional history and constitutional adjudication, Germany.