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U S Constitutional Law For German Jurists


U S Constitutional Law For German Jurists
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U S Constitutional Law For German Jurists


U S Constitutional Law For German Jurists
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Author : Dr. Jur. Eric Engle LL.M.
language : en
Publisher: Lulu.com
Release Date : 2012-10-31

U S Constitutional Law For German Jurists written by Dr. Jur. Eric Engle LL.M. and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-31 with categories.


Provides an overview of U.S. constitutional law, with a focus on foreign relations and parallel concepts and terms in German law.



U S Constitutional Law For German Speaking Jurists


U S Constitutional Law For German Speaking Jurists
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Author : Eric Allen Engle
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2012-08-20

U S Constitutional Law For German Speaking Jurists written by Eric Allen Engle and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-20 with Law categories.


U.S. Constitutional Law for German Speaking Jurists describes U.S. constitutional law using comparisons to German concepts, primary materials, and case-law.



Constitutional Law In Germany


Constitutional Law In Germany
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Author : Gerhard Robbers
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-05-30

Constitutional Law In Germany written by Gerhard Robbers and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-30 with Law categories.


Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Germany provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Germany will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.



Constitutional Courts In Comparison


Constitutional Courts In Comparison
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Author : Ralf Rogowski
language : en
Publisher: Berghahn Books
Release Date : 2016-08-01

Constitutional Courts In Comparison written by Ralf Rogowski and has been published by Berghahn Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-01 with Law categories.


Constitutional litigation in general attracts two distinct types of conflict: disputes of a highly politicized or culturally controversial nature and requests from citizens claiming a violation of a fundamental constitutional right. The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation. This updated and revised second edition includes a number of new contributions on the political status of the courts in their democratic political cultures.



The Constitution Of The Federal Republic Of Germany


The Constitution Of The Federal Republic Of Germany
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Author : David P. Currie
language : en
Publisher: University of Chicago Press
Release Date : 1994

The Constitution Of The Federal Republic Of Germany written by David P. Currie and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.


An introduction to the study of the German constitution, beginning with an overview of the essential features of the Basic Law of Germany. The book goes on to analyze a number of decisions of the German Constitutional Court and contrasts German constitutional law with the American model.



German Constitutional Law


German Constitutional Law
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Author : Christian Bumke
language : en
Publisher: Oxford University Press
Release Date : 2019-02-06

German Constitutional Law written by Christian Bumke and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-06 with Law categories.


This revised and fully up-to-date English translation of the 7th edition of the Casebook Verfassungsrecht includes a new outline of the German constitution, the BVerfG Court, and its jurisprudence. It condenses more than six decades of constitutional jurisprudence in order to familiarize readers with the style, technique, and language of the Court. As well as an analysis of the general principles of German constitutional law, the book covers the salient articles of the German Constitution and offers relevant extracts of the Court's most important decisions on the provisions of the Basic Law. It provides notes and discussions of landmark cases to illustrate their legal and historical context and give the reader a clear understanding of the principles governing German constitutional law. The book covers the fundamental rights catalogue of the Basic Law and offers a comprehensive account of its intellectual moorings. It includes landmark jurisprudence on the equal treatment of same-sex couples, life imprisonment, the legal structure of property, the right to assembly, and the right to informational self-presentation. The book also covers the provisions and respective case law governing the state structure of Germany, for instance the recent decisions on the prohibition of the far-right German nationalist party, and the Court's jurisprudence on European integration, including the most recent decisions on the OMT-program of the European Central Bank.



The Burden Of Proof In Comparative And International Human Rights Law


The Burden Of Proof In Comparative And International Human Rights Law
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Author : Juliane Kokott
language : en
Publisher: BRILL
Release Date : 2023-12-28

The Burden Of Proof In Comparative And International Human Rights Law written by Juliane Kokott and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-28 with Law categories.


This book explores how courts decide, or ought to decide, in situations of uncertainty. A Court must always decide the case before it, even if the relevant facts remain unclear. The question then arises which party benefits and which party is burdened by that uncertainty. In these cases, the Court must apply the rules on the burden of proof or, more precisely, the burden of persuasion. Their importance for the individual claimant is obvious. The comparison of two domestic systems (one based on common law and the other a traditional code-based legal order) with regard to the issue of burden of proof helps to clarify the terminology and lays the ground for dealing with the burden of proof in international human rights law. Without knowing what can be understood by the term `burden of proof' under domestic law, international lawyers with different domestic law backgrounds are in danger of misunderstanding each other. This may lead to obscuring the problems connected with court decisions involving uncertainty. The study also deals with uncertainties with regard to legislative (general) in contrast to adjudicative (individual) facts and with uncertainties in the framework of predictions in contrast to uncertainties relating to historic facts. It attempts to prepare the ground for dealing more consciously and more consistently with problems of uncertainty in international human rights law. International courts, due to their geographical and cultural distance from the case, usually have less access to the underlying facts. Nevertheless, in order to protect human rights effectively, international courts and tribunals cannot always restrict themselves to reviewing the law, but may also have to decide on the facts. Thus issues relating to decision-making on the basis of uncertain facts, including the burden of persuasion, are even more important in international than in domestic human rights law.



The German Basic Law And The Federal Constitutional Court


The German Basic Law And The Federal Constitutional Court
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Author : Thomas J. Kallman
language : en
Publisher:
Release Date : 1995

The German Basic Law And The Federal Constitutional Court written by Thomas J. Kallman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Constitutional history categories.




Rule Of Law And Fundamental Rights


Rule Of Law And Fundamental Rights
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Author : Alfredo Narváez Medécigo
language : en
Publisher: Springer
Release Date : 2015-11-07

Rule Of Law And Fundamental Rights written by Alfredo Narváez Medécigo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-07 with Law categories.


This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.



The Constitution Of Freedom


The Constitution Of Freedom
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Author : András Sajó
language : en
Publisher: Oxford University Press
Release Date : 2017-11-04

The Constitution Of Freedom written by András Sajó and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-04 with Law categories.


Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, András Sajó and Renáta Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajó and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.