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Series

Notre Dame Law School

1971

Comparative and Foreign Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Politics And Jurisprudence In West Germany: State Financing Of Political Parties, Donald P. Kommers Jan 1971

Politics And Jurisprudence In West Germany: State Financing Of Political Parties, Donald P. Kommers

Journal Articles

The relationship between political parties and representative government has been an important consideration in the constitutional jurisprudence of the Federal Republic of Germany. The Federal Constitutional Court has gone further than any other constitutional tribunal in the West to promote a free and competitive party system, and the Court’s decisions affecting the status of parties under the Basic Law, especially those having to do with party finance, are a marvelous illustration of the interplay between politics and law. The Federal Constitutional Court’s decision in 1966 to invalidate a federal plan for subsidizing political parties is a good example of the …


Judicial Review In Italy And West Germany, Donald P. Kommers Jan 1971

Judicial Review In Italy And West Germany, Donald P. Kommers

Journal Articles

This is a comparative study of the constitutional courts of Italy and West Germany. These institutions, established in the 1950's, have settled hundreds of constitutional disputes. And their caseloads continue to rise in volume. The time seems ripe, therefore, briefly to review the work of these tribunals and to relate this work to the condition of constitutional democracy in the two polities. It should be remarked that this is not fundamentally a study in constitutional jurisprudence. The main purpose of this article is to see how judicial review has actually operated, what its effects have been, and what its future …