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Constitutional Review In Germany
The constitution (Grundgesetz) of the Federal Republic of Germany establishes a separate Federal Constitutional Court of Germany (Bundesverfassungsgericht) that is empowered with reviewing acts of the legislature (which mainly refers to the Federal Republic's Congress – the Bundestag and Bundesrat) for their constitutionality. Most states (Bundesländer) also have separate courts for the according purpose. These are separate Supreme Courts that do not deal with appellate cases in civil and criminal law – but rather, just in constitutional cases. The Federal Constitutional Court of Germany can also review and reject constitutional amendments on the grounds that they are contradictory to the rest of the Federal Constitution ("Verfassungswidriges Verfassungsrecht"), unlike, for instance, the Supreme Court of the United States and the Supreme Court of Canada. An amendment may only be rejected however if it conflicts with the principles of Article 1 and 20, since they may never be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Basic Law For The Federal Republic Of Germany
The Basic Law for the Federal Republic of Germany () is the constitution of the Germany, Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 and came into effect on 23 May after having been approved by the occupying western Allies of World War II on 12 May. It was termed "Basic Law" (, ) to indicate that it was a provisional piece of legislation pending the reunification of Germany. However, when reunification took place in 1990, the Basic Law was retained as the definitive constitution of reunified Germany. Its original field of application ()—that is, the states that were initially included in the West Germany, Federal Republic of Germany—consisted of the three Western Allies' zones of occupation, but at the insistence of the Western Allies, formally excluded West Berlin. In 1990, the Treaty on the Final Settlement with Respect to Germany, Two Plus Four Agreement between the two parts of Germany and all four Allies stipulated the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Germany
Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total population of over 84 million in an area of , making it the most populous member state of the European Union. It borders Denmark to the north, Poland and the Czech Republic to the east, Austria and Switzerland to the south, and France, Luxembourg, Belgium, and the Netherlands to the west. The Capital of Germany, nation's capital and List of cities in Germany by population, most populous city is Berlin and its main financial centre is Frankfurt; the largest urban area is the Ruhr. Settlement in the territory of modern Germany began in the Lower Paleolithic, with various tribes inhabiting it from the Neolithic onward, chiefly the Celts. Various Germanic peoples, Germanic tribes have inhabited the northern parts of modern Germany since classical ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Constitutional Court Of Germany
The Federal Constitutional Court ( ; abbreviated: ) is the supreme court, supreme constitutional court for the Germany, Federal Republic of Germany, established by the constitution or Basic Law for the Federal Republic of Germany, Basic Law () of Germany. Since its inception with the beginning of the post-World War II republic, the court has been located in the city of Karlsruhe, which is also the seat of the Federal Court of Justice. The main task of the Federal Constitutional Court is judicial review, and it may declare legislation constitutionality, unconstitutional, thus rendering them ineffective. In this respect, it is similar to other supreme courts with judicial review powers, yet the court possesses a number of additional powers and is regarded as among the most interventionist and powerful national courts in the world. Unlike other supreme courts, the constitutional court is not an integral stage of the judicial or appeals process (aside from cases concerning const ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legislature
A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial powers of government. Legislatures can exist at different levels of government–national, state/provincial/regional, local, even supranational (such as the European Parliament). Countries differ as to what extent they grant deliberative assemblies at the subnational law-making power, as opposed to purely administrative responsibilities. Laws enacted by legislatures are usually known as primary legislation. In addition, legislatures may observe and steer governing actions, with authority to amend the budget involved. The members of a legislature are called legislators. In a democracy, legislators are most commonly popularly elected, although indirect election and appointment by the executive are also used, particularly for bicameral legis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bundestag
The Bundestag (, "Federal Diet (assembly), Diet") is the lower house of the Germany, German Federalism in Germany, federal parliament. It is the only constitutional body of the federation directly elected by the German people. The Bundestag was established by Title III of the Basic Law for the Federal Republic of Germany () in 1949 as one of the legislative bodies of Germany, the other being the German Bundesrat, Bundesrat. It is thus the historical successor to the earlier Reichstag (Weimar Republic), Reichstag. The members of the Bundestag are representatives of the German people as a whole, are not bound by any orders or instructions and are only accountable to their conscience. As of the current 21st Bundestag, 21st legislative period, the Bundestag has a fixed number of 630 members. The Bundestag is elected every four years by German citizens aged 18 and older. Elections use a mixed-member proportional representation system which combines First-past-the-post voting for co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
German Bundesrat
The German Bundesrat (, ) is a legislative body that represents the sixteen '' Länder'' (federated states) of Germany at the federal level (German: ''Bundesebene''). The Bundesrat meets at the former Prussian House of Lords in Berlin. Its second seat is located in the former West German capital of Bonn. The Bundesrat legislates alongside the Bundestag. The Bundesrat consists of members appointed by state governments and the Bundestag consists of representatives directly elected by the German people. Certain laws and all constitutional changes need the consent of both houses. For its somewhat similar function, the Bundesrat is sometimes (controversially) described as an upper house of parliament along the lines of the United States Senate, the Canadian Senate, Australian Senate, and the British House of Lords. The name "Bundesrat" was used by similar bodies in the North German Confederation (1867) and the German Empire (1871). The predecessor of the Bundesrat in the Weimar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutionality
In constitutional law, constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional. All others are considered constitutional unless the country in question has a mechanism for challenging laws as unconstitutional. Applicability An act or statute enacted as law either by a national legislature or by a subordinate-level legislature such as that of a state or province may be declared unconstitutional. However, governments do not only create laws but also enforce the laws set forth in the document defining the government, which is the constitution. When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
States Of Germany
The Federal Republic of Germany is a federation and consists of sixteen partly sovereign ''states''. Of the sixteen states, thirteen are so-called area-states ('Flächenländer'); in these, below the level of the state government, there is a division into local authorities (counties and county-level cities) that have their own administration. Two states, Berlin and Hamburg, are city-states, in which there is no separation between state government and local administration. The state of Bremen (state), Bremen is a special case: the state consists of the cities of Bremen (city), Bremen, for which the state government also serves as the municipal administration, and Bremerhaven, which has its own local administration separate from the state government. It is therefore a mixture of a city-state and an area-state. Three states, Bavaria, Saxony, and Thuringia, use the appellation ("free state"); this title is merely stylistic and carries no legal or political significance (similar t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon the ''Canadian Charter of Rights and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Entrenched Clause
An entrenched clause or entrenchment clause of a constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the minority party. The term eternity clause is used in a similar manner in the constitutions of Brazil, the Czech Republic, Germany, Greece, India, Iran, Italy, Morocco, Norway, and Turkey, but specifically applies to an entrenched clause that can never be overridden. However, if a constitution provides for a mechanism of its own abolition or replacement, like the German Basic Law does in Article 146, this by necessity provides a "back door" for getting rid of the "eternity clause", too. Any amendment to a constitution that would not satisfy the prerequisites enshrined in a valid entrenched clause would lead to so-called "unconstitutional constitutional law"—that is, an amendment to constitutional law text that appears constitutional by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Complaint (Germany)
The (individual) constitutional complaint () is an extraordinary legal remedy in German law. The procedure serves to vindicate constitutional rights under the Basic Law of the Federal Republic of Germany (''Grundgesetz'', abbreviated GG). Constitutional complaints are adjudicated solely by the Federal Constitutional Court. In the business year 2018, the Court recorded 5678 constitutional complaints filed, of which only 92 were granted relief, in total. Such relief may even extend, however, to voiding the statute found unconstitutional. The constitutional complaint is set out in the ''Bundesverfassungsgerichtsgesetz'' (abbreviated BVerfGG), which is the law establishing the Federal Constitutional Court itself, pursuant to GG art. 93, para. 2. The constitutional complaint was originally codified in federal law (BVerfGG §§ 90 et seq.) and was not initially guaranteed by the constitution itself. It was incorporated into the constitution in 1969 as a political bargain. The constitut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
