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9781855219205

German Constitutional Law

by ;
  • ISBN13:

    9781855219205

  • ISBN10:

    1855219204

  • Format: Hardcover
  • Copyright: 1999-10-01
  • Publisher: Dartmouth Pub Co
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Summary

This book is an introduction to German constitutional law, aimed at British students, lecturers and practitioners. It focuses on the protection of civil liberties in the German basic law and is divided into three sections: - Introduction to German legal order and state organization - Content of rights protected - View from outside - Also included are translations of German case law. The book, which is divided into two parts, provides an introduction to German constitutional law, focusing on the protection of civil liberties. The first part commences with an introduction to the constitutional structure of Germany against its historical background. Having identified the main constitutional principles, such as democracy, rule of law, federalism and explained their application, the book then introduces the general system of rights protection and the role of the Federal Constitutional Court. The impact of EC law on the German constitutional system is also discussed. In the second part, specific rights (such as freedom of self-determination, right to life, freedom of expression) and their development are considered. Given the importance of the Constitutional Court's rulings, excerpts from the most significant cases are included and discussed.

Table of Contents

Glossary vii
Preface ix
List of Abbreviations
xi
Part One General Introduction to German Constitutional Law 1(94)
Historical Development of the Basic Law
3(4)
Constitutional Organs and Basic Constitutional Principles
7(30)
Constitutional Review
37(14)
Impact of the European Community
51(18)
The Basic Rights
69(26)
Part Two The Protection of Specific Civil Liberties Under the German Basic Law 95(268)
Human Dignity (Art. 1(1) BL)
97(12)
Right to Self-Determination (Art. 2(1) BL)
109(26)
Right to Life and Bodily Integrity (Art. 2(2)(1) BL)
135(18)
Right to Personal Freedom (Art. 2(2)(2) BL and Art. 104 BL) and to Freedom of Movement (Art. 11(1) BL)
153(8)
Principle of Equality (Art. 3 BL)
161(22)
Freedom of Religion and Conscience (Art. 4 BL)
183(16)
Freedom of Expression, Information, the Press and Broadcasting (Art. 5(1) BL)
199(28)
Artistic and Academic Freedom (Art. 5(3) BL)
227(18)
Protection of Marriage, Family and Parental Rights (Art. 6 BL)
245(20)
Freedom of Assembly (Art. 8(1) BL)
265(12)
Freedom of Association and Coalition (Art. 9 BL)
277(16)
Confidentiality of Letters, Post and Telecommunications (Art. 10(1) BL)
293(6)
Freedom of Occupation (Art. 12(1) BL)
299(14)
Inviolability of the Home (Art. 13(1) BL)
313(6)
Property Rights (Art. 14(1) BL)
319(14)
Right to Political Asylum (Art. 16a BL)
333(16)
Judicial Rights (Arts. 19(4), 101, 103 BL)
349(14)
Table of Cases 363(4)
Bibliography 367(2)
Index 369

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