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Debates in German Public Law, 1st edition

Published by Hart Publishing (January 7th 2014) - Copyright © 2014

1st edition

Debates in German Public Law

ISBN-13: 9781849464727

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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.

Table of contents

Preface by the German Federal Minister of Interior Hans-Peter Friedrich Basics Christoph M¿llers, Berlin The Scope and Legitimacy of Judicial Review in German Constitutional Law: Report on a missing debate Constitutional Law Christian Calliess, Berlin Dimensions of Fundamental Rights - Duty to Respect v. Duty to Protect Axel Tschentscher, Bern Interpreting Fundamental Rights - Freedom v. Optimisation Wolfram Cremer, Bochum The Basic Right to Free Development of the Personality - Protection of Personality Development v. General Right of Freedom of Action Bernd Grzeszick, Heidelberg "The 'Serving' Freedom to Broadcast" - Subjective v. Objective Dimensions of a Fundamental Right: The reasons for and the course and borders of a separate German path in constitutional law Thorsten Kingreen, Regensburg Rule of Law v. Welfare State Christian Waldhoff, Bonn Federalism - "Cooperative Federalism" v. "Competitive Federalism" Hanno Kube, Mainz Financing the State - The Tax-Funded State v. Multiple and Mixed Financing Strategies Stefan M¿ckl, Freiburg i.Br. Public Church Law v. Religious Constitutional Law Administrative Law Matthias Jestaedt, Freiburg i.Br. Democratic Legitimization of the Administrative Power - Exclusive v. Inclusive Democracy Martin Eifert, Gie¿en Conceptualizing Administrative Law - Legal Protection v. Regulatory Approach Bernhard Wegener, Erlangen-N¿rnberg Subjective Public Rights - Historical Roots and Requisite Adjustments to the Confines of Legal Protection Hermann P¿nder, Hamburg Dispute Over the Importance of Administrative Procedure - Instrumental v. Substantive Approach European Integration Marcel Kaufmann, G¿ttingen/Berlin The Democratic Legitimation of the European Union The Basic Law (Grundgesetz)

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