Debates in German Public Law
- 370 pages
- English
- PDF
- Available on iOS & Android
Debates in German Public Law
About this book
Germany's Constitution - the Basic Law of 23 May 1949 - created a democratic constitution which, despite amendments, has held up over the years, even providing the legal basis for German reunification in 1990. When it was written, the Basic Law was initially regarded as a temporary solution which would last until a pan-German constitution could be created, but over the years it has grown to become a mainstay of post-war stability and has even become one of Germany's most successful exports. Foreign scholars are particularly interested in the German conception of fundamental rights and the mechanisms in place for enforcing them in the courts, as well as in Germany's federal structure. Making and applying administrative law and working alongside the system of EU law are also subjects of great interest. This book, developed by a group of scholars in honour of the 60th anniversary of the Basic Law, presents examples of fundamental aspects of current scholarly debate. The analyses found in this book present the latest scholarly discussions, specifically for a foreign audience, touching upon constitutional law, administrative law and the place of the Federal Republic within the system of European Union law, with constitutional law providing the constant framework.
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Information
Table of contents
- Preliminary Pages
- Foreward
- Editors' Preface
- Table of Contents
- List of Authors
- Part I - Constitutional Law
- 1. Scope and Legitimacy of Judicial Review in German Constitutional Law - the Court versus the Political Process
- 2. Dimensions of Fundamental Rights - Duty to Respect versus Duty to Protect
- 3. Interpreting Fundamental Rights - Freedom versus Optimization
- 4. The Basic Right to 'Free Development of the Personality' - Mere Protection of Personality Development versus General Right of Freedom of Action
- 5. The 'Serving' Freedom to Broadcast - Subjective versus Objective Dimensions of a Fundamental Right
- 6. Rule of Law versus Welfare State
- 7. Federalism - Cooperative Federalism versus Competitive Federalism
- 8. Financing the State - The Tax-funded State versus Multiple and Mixed Financing Strategies
- 9. Relationship between State and Church - Public Church Law versus Religious Constitutional Law
- Part II - Administrative Law
- 10. Democratic Legitimization of the Administrative Power - Exclusive versus Inclusive Demoracy
- 11. Conceptualizing Administrative Law - Legal Protection versus Regulatory Approach
- 12. Subjective Public Rights - Historical Roots versus European and Democratic Challenges
- 13. Administrative Procedure - Mere Facilitator of Material Law versus Cooperative Realization of Common Welfare
- Part III - European Integration
- 14. The Legitimization of the European Union - Democracy versus Integration
- Appendix: The Basic Law (Grundgesetz)
- Index