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Full-Text Articles in Law
An Introduction To The Federal Constitutional Court, Donald P. Kommers
An Introduction To The Federal Constitutional Court, Donald P. Kommers
Journal Articles
This essay introduces the Federal Constitutional Court, briefly surveying the Court’s legal heritage, the history of its founding, its jurisdiction, and its structure.
West German Constitutionalism And Church-State Relations, Donald P. Kommers
West German Constitutionalism And Church-State Relations, Donald P. Kommers
Journal Articles
The complex structure of church-state relations in West Germany arises out of numerous provisions of the Basic Law that combine features of both separation and accommodation. The Basic Law's separationist features are expressed in various guarantees of religious liberty and in the ban on the establishment of a state church. Its accommodationist features appear in constitutional provisions on religious education as well as in articles, taken over from the Weimar Constitution, that confer upon the established churches a special juridical status enjoyed by no other nongovernmental entity. The arguably diverse goals of the religion clauses are difficult to reconcile, creating …
Judicial Review In Italy And West Germany, Donald P. Kommers
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 …