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Relevant bibliographies by topics / German constitutional history

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Academic literature on the topic 'German constitutional history'

Author: Grafiati

Published: 4 June 2021

Last updated: 10 February 2022

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Journal articles on the topic "German constitutional history"

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Fröschl, Thomas. "Rezeption und Einfluss der American Constitution in den deutschen Verfassungsdebatten, 1789 bis 1949." Journal of Modern European History 6, no. 1 (March 2008): 38–57. http://dx.doi.org/10.17104/1611-8944_2008_1_38.

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Perception and Impact of the American Constitution on German Constitutional Debates, 1789–1949 This article considers the impact of the American federal constitution of 1787 on German constitutional debates. Its prime chronological focus is on the nineteenth century, as this time period has so far received relatively little systematic scholarly attention. The article examines both the political rhetoric that emphasised – and often exaggerated – American influences and the practical impact these debates had on constitutions in German-speaking countries. The article highlights the extreme complexity of such developments, with very widely different perceptions of what ‹America› stood for, being used as a reference point in constitutional debates. The direct impact of American constitutional thinking on the structure and design of constitutions in German countries remained, however, very limited. It was only after the unconditional surrender of National Socialist Germany that a constitutional order emerged in the Federal Republic in 1949 that embodied significant elements of American (or more generally ‹Western›) constitutional thought, most importantly in the provisions for ‹basic rights› and a Federal Constitutional Court in the West German Basic Law.

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Rausch, Fabian. "«Constitutional Fever»? Constitutional Integration in Post-Revolutionary France, Great Britain and Germany, 1814–c.1835." Journal of Modern European History 15, no. 2 (May 2017): 221–42. http://dx.doi.org/10.17104/1611-8944-2017-2-221.

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«Constitutional Fever»? Constitutional Integration in Post-Revolutionary France, Great Britain and Germany, 1814–c.1835 This article proposes a comparative perspective on the role of constitutions in European political cultures from 1814 to c.1835. Through its analysis of constitutions first as a means to legitimising post-revolutionary monarchies, and secondly as a means to integrating the divided societies in France, Great Britain as well as the German states, this article suggests two major results: 1) Constitutions were a central instrument that was imagined by post-revolutionary European societies in order to open up an «evolutionary» path to political progress and thereby finally «end» or «prevent» further revolutionary changes. 2) The major challenges to constitutional integration were posed by the emergence of competing political groups that often demanded a strengthening of certain parts of the constitutions or their further reform. The problems, which were faced by almost all political actors regarding the acceptance of these new imperatives of party politics and the different constitutional «solutions» that they had developed to meet these challenges, provide explanations for the different constitutional paths that were taken by Great Britain, the German states and France during the early 1830s. In Great Britain, a common constitutionalist language enabled a precarious understanding amongst the competing groups, whereas anti-pluralist constitutional conceptions led to constitutional instability in France and even damaged the very idea of constitutional integration in Germany thus benefitting a «unification first»-approach in the German states.

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Stefanovski, Mirjana. "Radivoje Milojkovic’s 1867 constitution draft." Zbornik Matice srpske za drustvene nauke, no. 138 (2012): 1–16. http://dx.doi.org/10.2298/zmsdn1238001s.

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As an authoritative work of an excellently educated writer well acquainted with constitutional theory and foreign constitutional solutions, Milojkovic?s draft constitution is also a product of a serious political reasoning. That draft deserves a particular and very important role in the nineteenth century constitutional history of Serbia. It is an evidence of the character of constitutional transformation prepared during the last years of Prince Mihailo?s reign. Taken for the specimen during the enacting of Regent Constitution of 1869, which followed it in its basic concept, composition of constitutional solutions and framing of more important institutions, that draft determined adoption of the model of constitutional monarchy in Serbia. By catching sight of the Saxony?s Constitution of 1831, it transfers basic German constitutional model, supplemented by taking into consideration other European constitutions. Its distinction is an attempt to adapt foreign model mostly to particular circumstances of the country and to implement harmoniously new institutions in accordance to the Serbian constitutional tradition.

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MAIER, CLARA. "THE WEIMAR ORIGINS OF THE WEST GERMAN RECHTSSTAAT, 1919–1969." Historical Journal 62, no. 4 (August 29, 2019): 1069–91. http://dx.doi.org/10.1017/s0018246x19000323.

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AbstractThe article explores the key components of the political project of West Germany and the role of the Rechtsstaat within it. It shows how the German Federal Republic developed a specific reading of the rule of law as an order founded on basic rights as supra-legal values and judicial authority, which had to be defended even against democratic government. This did not signify a departure from the constitutional theory of the Weimar period, as constitutional lawyers such as Gustav Radbruch and Carlo Schmid claimed at the time. Instead, the decisive innovations in constitutional thought stemmed from the Weimar era. Judicial review and basic rights had been instruments in a political and legal struggle over the social question and the boundaries of democratic decision-making in the 1920s. They had been invoked by conservative lawyers such as Carl Schmitt and been the subject of a substantial critique mounted by social democrat interpreters of the Weimar Constitution such as Hermann Heller and Franz Neumann. As such the Rechtsstaat, which is so strongly associated with the renewal of German democracy, carries with it a tradition of legal thought which systematically and successfully expanded judicial power to the detriment of the legislature and democratic action.

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Kurtishi, Emir. "The Constitutional Court of the Federal Republic of Germany." SEEU Review 15, no. 2 (December 1, 2020): 143–55. http://dx.doi.org/10.2478/seeur-2020-0023.

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Abstract Decisions made so far by the Federal Constitutional Court of Germany have always been characterized by their writing and content, even down to details, precision, accuracy, professional legal style of writing, always clear in the elaboration and adjudication of cases from its competence, but surprisingly, in our country, only a few have paid attention to the German Court in a scientific context, which can be seen from the only few materials we possess in the Albanian language. The purpose of this paper is to provide an overview of this Court, so that the comparative aspects can be made, highlighting its advantages and disadvantages, in case of dictating the state need for reform of the Constitutional Courts. Those who have institutionalized this constitutional institution know its value in the system of constitutional justice, which performs it in terms of protection of constitutions, its principles and value, and most importantly in the protection of freedoms and rights of human beings and citizens. The Federal Constitutional Court of Germany, to this date, has conveyed the efficiency of the protection of the German legal order, the serious approach and law interpretation, for the protection of freedoms and human rights, which ranks this court into a high level among all other powers in the German law system. The author, in the following paper, gives an overview of this Court starting with its history, organization and functioning, which today undoubtedly constitutes one of the most important constitutional courts in the world.

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Reutter, Werner. "German State Constitutional Courts." German Politics and Society 39, no. 2 (June 1, 2021): 1–21. http://dx.doi.org/10.3167/gps.2021.390201.

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The article shows that two constitutional principles govern the election of justices and the composition of the 16 German state constitutional courts: democracy and the separation of powers. The recruitment of candidates, the vote on nominees in state parliaments, and the composition of benches of the courts in question support this assumption. There is no evidence indicating that a partisan takeover of German state constitutional courts has taken place. In addition, the majorities required for an appointment of justices of state constitutional courts seem less crucial than is often assumed.

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de Wilde, Marc. "The state of emergency in the Weimar Republic Legal disputes over Article 48 of the Weimar Constitution." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 78, no. 1-2 (2010): 135–58. http://dx.doi.org/10.1163/157181910x487341.

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AbstractThe article analyzes the debate on 'constitutional dictatorship' that took place at the first annual conference of the Association of German Constitutional Lawyers in Jena in 1924. In their keynote lectures, Carl Schmitt and Erwin Jacobi argued that Article 48 of the Weimar Constitution authorized the President of the Reich to derogate from the rule-of-law provisions of the constitution if this was necessary to save its 'political substance'. Advocating a 'doctrine of derogation', they implicitly criticized one of the main methodological assumptions of legal positivism, i.e., that legal norms and politics, law and power, had to remain strictly separated. They thereby set the stage for the emerging 'conflict of methods and directions' that was to haunt German jurisprudence in subsequent years.

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Ogorek, Markus. "The Doctrine of Parliamentary Sovereignty in Comparative Perspective." German Law Journal 6, no. 6 (June 1, 2005): 967–80. http://dx.doi.org/10.1017/s207183220001405x.

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For the German-trained lawyer, the process of coming to terms with the constitutional law of the United Kingdom can be disconcerting. This disorientation arises principally because the study of constitutional law on the other side of the English Channel seems to lack an appropriate object to deal with. State order in the United Kingdom is not based on a definitive constitutional document created at a particular point in history which would be in any way comparable to the German constitutional document, the Basic Law (Grundgesetz). In spite of this, as Helmut Weber so aptly noted in a talk before the Centre for British Studies of Berlin's Humboldt University, “British textbooks on constitutional law […] are no less numerous and no less comprehensive than German textbooks onVerfassungsrecht”. This observation is not in the least surprising. Even though it may be disputed that a UK constitution exists in the narrower and more common continental European sense of the term, it cannot be denied that the learned discourse forming the body of constitutional scholarship in the United Kingdom is regarded by jurists not only in Europe, but in all corners of the globe, as an important standard for the scholarly examination of their own constitutional systems. This is certainly due in large measure not only to the centuries-old traditions of English constitutional law, but also to its striking intellectual depth and variety.

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Theil, Stefan. "What Red Lines, If Any, Do the Lisbon Judgments of European Constitutional Courts Draw for Future EU Integration?" German Law Journal 15, no. 4 (July 1, 2014): 599–635. http://dx.doi.org/10.1017/s2071832200019064.

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The lingering European financial crisis continues to threaten the Eurozone and, in the opinion of German Chancellor Angela Merkel, the very survival of the European idea. With this apocalyptic rhetoric, it is easily forgotten that only nine years earlier Europe overcame a predicament that was, at the time, equally described as the most challenging in its history. Two failed referendums in Member States of the European Union (Member States)—namely, in France and the Netherlands—stopped the Treaty establishing a Constitution for Europe (Constitutional Treaty) in its tracks and led to an extended “period of reflection” for Europe's leaders. From this emerged a reboot of the Constitutional Treaty, now dubbed the Treaty of Lisbon, with few substantial changes, but more success throughout the ratification procedures. The final hurdle presented itself in the form of institutionally strong Constitutional Courts (CC) and Tribunals (CT) of the European Member States. Of these, the following were at one time or another seized with complaints against the ratification of the Lisbon Treaty: The AustrianVerfassungsgerichtshof(Austrian CC), the Belgian CC, theÚstavní soud České republiky(Czech CC), the FrenchConseil Constitutionnel(French CC), the GermanBundesverfassungsgericht(German CC), the Hungarian CC, theLatvijas Republikas Satversmes tiesa(Latvian CC), the PolishTrybunał Konstytucyjny(Polish CT), and theTribunal Constitucional de España(Spanish CT).

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Reinkowski, Maurus. "Constitutional Patriotism in Lebanon." New Perspectives on Turkey 16 (1997): 63–85. http://dx.doi.org/10.1017/s0896634600002648.

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In this paper I will discuss the options of political identity the Lebanese have at their disposal against the background of the German experience. Germany and Lebanon, states at first glance completely different from each other, show some similarity in their historical experience. In the context of this comparison I will discuss constitutional patriotism, a political concept in circulation in Germany over the last fifteen years or so, and its potential application in the Lebanese case. Constitutional patriotism, unlike many other concepts originating in the West, has yet not entered the political vocabulary of the Middle East. The debate on democracy and the civil society is widespread in the whole of the Middle East, including Lebanon. Lebanon's political culture, polity and national identity, however, show some peculiar traits that might justify the introduction of the term constitutional patriotism into the Lebanese political debate.

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Dissertations / Theses on the topic "German constitutional history"

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Dorondo, D. R. "A comparative study of Bavarian federalism 1918-1933, 1945-1949." Thesis, University of Oxford, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.384066.

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Haardt, Oliver F. R. "The federal evolution of Imperial Germany (1871-1918)." Thesis, University of Cambridge, 2017. https://www.repository.cam.ac.uk/handle/1810/269288.

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This dissertation examines the evolution of federal government in the German Empire from the unification in 1871 to the collapse of the monarchy in 1918. The story of how the imperial federal state changed over the years has hitherto been hidden from view by disciplinary biases and methodological limitations. While concentrating on how Germany’s peculiar form of government oscillated between a Western-style constitutional monarchy and a semi-absolutist autocracy, historians have failed to make sense of deeper systemic issues. In order to move these to the centre of analysis, the thesis combines different perspectives from history, law, and political theory. This approach exposes an extraordinary development. The 1871 constitution left Germany’s organisational nature largely undefined. The new national state possessed only very few institutions and competences. There was not even a national government. The Reich completely depended on the constituent states. This weakness was no coincidence. Bismarck’s plan was to secure the dominance of the Prussian monarchy by giving the union enough flexibility to develop either into an integrated composite state or a loose cooperative assembly of states. But the decades after unification turned out differently. By seizing control over the Prussian administration, the federal bureaucracy gradually acquired so many competences that by the outbreak of the First World War Germany had changed into a centralised state. Rather than by the collaboration of the monarchical state governments, national decision-making was now shaped by the competition and cooperation of the federal parliament – the Reichstag – and the newly emerged federal government around the Chancellor. This transformation came about, the thesis argues, because both monarchical and democratic actors – above all the Prussian government, the federal bureaucracy, and the national parliament – saw federal structures primarily as an instrument of power to be manipulated for their own purposes, namely for the preservation of princely prerogatives or for the expansion of parliamentary rights. There was little respect for federalism as an organisational principle that was beneficial per se. Rather, most executives, administrators, and parliamentarians understood Germany’s federal organisation – albeit for different reasons – as a necessary evil and a means to an end. This attitude had a lasting impact on German political culture, with federal structures remaining at the mercy of power interests throughout the twentieth century. The dissertation is woven from three different strands. By combining them, it can draw connections that would not come into view if it concentrated on just one of these themes. First, it is a history of German federalism that focuses on the key question of the political history of the Empire: who or what actually governed Germany? As it thus exposes the anatomy of power in the imperial state, it is also a contribution to one of the biggest controversies in modern European history, namely the debate on Germany’s alleged ‘special path’: where did Germany go wrong? Thirdly and lastly, the thesis offers a systemic analysis of federal structures whose observations are relevant for federal orders – such as the European Union – more generally.

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Magerski, Christine 1969. "The constitution of the literary field in Germany after 1871 : Berlin modernism, literary criticism and the beginnings of the sociology of literature." Monash University, German Studies, 2002. http://arrow.monash.edu.au/hdl/1959.1/8724.

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Knecht, Ingo. "Der Reichsdeputationshauptschluss vom 25. Februar 1803 Rechtmässigkeit, Rechtswirksamkeit und verfassungsgeschichtliche Bedeutung /." Berlin : Duncker & Humblot, 2007. http://books.google.com/books?id=IoqbAAAAMAAJ.

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Weber, Ruth. "Der Begründungsstil von Conseil constitutionnel und Bundesverfassungsgericht : eine vergleichende Analyse der Spruchpraxis." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020096.

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Le style, c’est la Cour ! – Cette thèse examine la manière dont le Conseil constitutionnel français et la Cour constitutionnelle fédérale allemande motivent leurs décisions, et ce que ces motivations nous disent sur la façon dont chaque Cour se perçoit. Le Conseil constitutionnel peut-il être qualifié de bouche de la Constitution ? et la Cour constitutionnelle fédérale allemande est-elle l’incarnation différenciée de l’état de droit constitutionnel ? Telles sont les questions qui sous-tendent la thèse.La thèse montre que les styles de motivation façonnent l’identité de chaque Cour nationale. Depuis la création de la Cour constitutionnelle fédérale allemande, son style de motivation a contribué à garantir l’acceptation de ses décisions, notamment en ce qui concerne son rôle d’autorité constitutionnelle suprême du pays. En revanche, le style de motivation du Conseil constitutionnel français a traditionnellement servi à mettre en évidence sa subordination au législatif. Toutefois, les réformes de 2016 suggèrent que le Conseil constitutionnel commence lui aussi à s’affirmer en tant que gardien de la Constitution. L’une des raisons probables de ces changements réside dans la manière dont la jurisprudence française est reçue par les autres juridictions nationales et supranationales en Europe. Les réformes facilitant une communication inter-juridictionnelle européenne sont en effet souhaitables. Et bien qu’il soit trop tôt pour le dire, on pourrait faire valoir qu’elles représentent un premier pas important vers un style de motivation européen
The style is the Court! – This thesis explores both how the French Constitutional Council and the German Federal Constitutional Court justify their decisions, and what those justifications tell us about how each Court sees itself. Can the Constitutional Council be characterized as an authoritative voice, the "bouche de la Constitution"?, and is the German Federal Constitutional Court the sophisticated embodiment of a constitutionalized state?, are the questions that underpin the dissertation.The thesis finds that the reasoning styles shape the identity of each national Court. Since the founding of the German Federal Constitutional Court, its reasoning style has helped guarantee the acceptance of its decisions, particularly as it concerns its role as the country’s foremost constitutional authority. By contrast, the reasoning style of the French Constitutional Council traditionally served to highlight its subordination to the legislative. Reforms from 2016, however, suggest that the Constitutional Council, too, is beginning to assert itself as the guardian of the constitution. One probable reason for the changes lies in how French case law is received by other national and supranational courts in Europe, with the reforms facilitating desirable European inter-jurisdictional communication. And although it is too early to tell, it could be argued that they represent a significant first step towards a European reasoning style

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Schnakenberg, Ulrich. "Democracy-building : britische Einwirkungen auf die Entstehung der Verfassungen Nordwestdeutschlands 1945 - 1952 /." Hannover : Hahn, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/529806703.pdf.

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Jürgens, Martin. "Staat und Reich bei Ernst Rudolf Huber : sein Leben und Werk bis 1945 aus rechtsgeschichtlicher Sicht /." Frankfurt am Main [u.a.] : Lang, 2005. http://www.gbv.de/dms/sbb-berlin/477536468.pdf.

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Kordeva, Maria. "Le principe de la séparation des pouvoirs en droit allemand : étude doctrinale et jurisprudentielle." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA033.

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L'objet de la présente thèse est de procéder à l'étude comparée des doctrines et jurisprudences françaises et allemandes consacrées au principe de la séparation des pouvoirs. D'origine philosophique, ce principe n'est pas, aujourd'hui, dépourvu d'effets juridiques pratiques, comme le montrent les problèmes récents, soulevés dans la jurisprudence du conseil constitutionnel et de la cour constitutionnelle allemande. Toutefois, on ne saurait comparer la mise en oeuvre d'un principe dans deux ordres juridiques différents sans faire l'effort d'un retour nécessaire sur la genèse doctrinale de ce principe, sans apporter au travail comparatif une dimension d'histoire de la culture juridique dans les pays comparés. Le point essentiel de ce travail serait d'expliquer les développements jurisprudentiels les plus récents à la lumière de l'histoire des doctrines. Si notre travail sera essentiellement centré sur une comparaison franco-allemande, il doit rester ouvert à toute perspective intéressante que pourraient fournir, sur le sujet, d'autres jurisprudences nationales et européennes
The thesis focuses on the german constitutional case law and doctrine relating to the principle of the separation of powers. The analysis of the problems concerning the meaning of the rule deducted under article 20 paragraph 2 of the German Basic Law of 23 May 1949 point up its practical application today. The interpretation of the solutions of the Federal Constitutional Court constitues the main part of this research however it is impossible to globally appreciate and understand the principle of the separation of powers without make the necessary effort to explain its genesis in the german constitutionnal law. Ergo, the theories of the Vormärz also the thought of the legal scolars of the Empire and the Weimar Republic are an important key stage that permit to grasp the present form of the principle in the decisions of the judge. The functional justice or the theory of the substantial decision complete the definition of the constitutional separation of powers. The concretisation of these integral elements of the principle create the system of checks and balances that govern the conflicting relations between legislative, executive and judicial powers

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"Die Duitse basiswet van 1949 in die lig van Duitse grondwetlike tradisie." Thesis, 2014. http://hdl.handle.net/10210/12612.

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Bandžuch, Tomáš. "Německé státoprávní projekty v českých zemích na podzim 1918. (K činnosti zemských vlád Deutschböhmen a Sudetenlandu)." Doctoral thesis, 2017. http://www.nusl.cz/ntk/nusl-371305.

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The aim of the PhD thesis is to describe the emergence and functioning of the Deutschböhmen and Sudetenland provinces' governments proclaimed by Czech, Moravian and Silesian Germans in the autumn of 1918 and consecutively to compare their practical politics in the selected fields. The emphasize is put especially on the building of the state administration and defence mechanisms, foreign political relations as well as relations with the Czech minority inhabiting the disputed territory. The thesis should contribute to understanding the extent to which the declaration of these provinces was an immediate response to developments in Central Europe, or whether it was the result of long-term trends in Czech-German relations. One of its parts is dedicated to conceptions of a dissolution of the Czech lands, which were created in the years 1848-1918. Conclusion of this thesis is focused on the comparsion of the political activities of the both provincional governments and author tries to answer the question, how much are these policies similar and which governement better reacted to he challenges of the turning points of the autumn 1918.

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Books on the topic "German constitutional history"

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Reuter, Lutz-Rainer. German constitutions after 1945 and the current constitution debate. [Hamburg]: Beiträge aus dem Fachbereich Pädagogik der Universität der Bundeswehr Hamburg, 1991.

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Mitchell, Otis C. Two German crowns: Monarchy and empire in medieval Germany. Bristol, IN, U.S.A: Wyndham Hall Press, 1985.

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Quint, Peter E. The constitutional law of German unification. [Baltimore, Md: Marland Law Review, Inc.], 1991.

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Bröhmer, Jürgen. The German Constitution turns 60: Basic law and commonwealth Constitution : German and Australian perspectives. Frankfurt am Main: Peter Lang, 2011.

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The imperfect union: Constitutional structures of German unification. Princeton, N.J: Princeton University Press, 1997.

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Jeffery, Charlie. German federalism today. New York: St. Martin's Press, 1991.

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Libertus, Michael. The German broadcasting system: Historical, constitutional and legal outlines. Cologne: Institut für Rundfunkökonomie an der Universität zu Köln., 2002.

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Birke, Adolf M. Britain's influence on the West German constitution. London: German Historical Institute, 1995.

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The making of a German constitution: A slow revolution. Oxford, UK: Berg, 2008.

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Quint, Peter E. Civil disobedience and the German courts: The Pershing missile protests in comparative perspective. London: Routledge-Cavendish, 2008.

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Book chapters on the topic "German constitutional history"

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Gozzi, Gustavo. "Rechtsstaat and Individual Rights in German Constitutional History." In The Rule of Law History, Theory and Criticism, 237–59. Dordrecht: Springer Netherlands, 2007. http://dx.doi.org/10.1007/978-1-4020-5745-8_5.

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Hubatsch, Walther. "Stein and Constitutional Reform in Nineteenth-Century Germany: Preconditions, Plans and Results." In Studies in Medieval and Modern German History, 93–108. London: Palgrave Macmillan UK, 1985. http://dx.doi.org/10.1007/978-1-349-17822-3_5.

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Conte, Emanuele. "The order and the Volk. Romantic roots and enduring fascination of the German constitutional history." In De rebus divinis et humanis, 37–54. Göttingen: V&R unipress, 2019. http://dx.doi.org/10.14220/9783737007313.37.

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von Arnauld, Andreas. "Deadlocked in Dualism: Negotiating for a Final Settlement." In Remedies against Immunity?, 313–29. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_16.

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AbstractWhile on the international plane Germany has as strong a position as one could wish for, a second appeal to the ICJ does not seem advisable. Though not formally estopped from challenging Sentenza 238/2014, Germany would at least face a principled contradiction (Wertungswiderspruch). Like Italy, Germany takes the position that international obligations must be disregarded should they be found incompatible with fundamental rights enshrined in the national constitution. Concerning the underlying conflict, another formally strong German position proves to have inherent shortcomings. To argue that, as far as Italian citizens are concerned, all matters of compensation had been dealt with comprehensively in the German–Italian lump sum agreement of 1961 carries some conviction. However, the limitations of that agreement, the erosion of the individual’s strict mediatisation in international law, and recent German compensation schemes for other victims of World War II (WWII) have fuelled a growing discontent with this final settlement. Having been doubly denied recognition as victims by the injustices of non-retroactivity and of differentiation, the Italian WWII victims ‘in oblivion’ have pursued compensation claims for over a decade now. It would go too far to argue an individual claim for financial compensation under international law for historic wrongs. The principle of intertemporal law, however, has its merits as well as its defects. This chapter argues in favour of mildly piercing the veil of intertemporality by reliance on fundamental ethical principles as part of the law in force already at the time of the original violation. A breach in this kind of obligation should give rise to an obligatio de negotiando under the principle of just satisfaction. Such a legal construction takes up the idea that in most of the recent cases of ‘history taken to court’, compensation is but a secondary aim, the primary aim being to ‘tell one’s own story’ as a counter-narrative to hegemonic discourse. By entering into negotiations with the victims ‘in oblivion’, Germany—and Italy—could and should attempt to finally solve what has been and remains a fundamentally unjust situation.

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"George Bancroft in Göttingen: an American Reception of German Legal Thought." In Comparative Constitutional History, 9–40. BRILL, 2020. http://dx.doi.org/10.1163/9789004435315_003.

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Jestaedt, Matthias. "The Karlsruhe Phenomenon." In The German Federal Constitutional Court, 32–69. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198793540.003.0002.

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This chapter stresses that nothing in the Federal Constitutional Court’s growth was preordained. It depicts the Court’s initially fraught relations with political actors, ordinary judges, and legal academics, scrutinizing the institutional peculiarities that have made the Court what it is. The manner and direction in which the Court developed was recognizable merely in outline in the fundamental decision by the constitution’s founders for an institutionally independent constitutional adjudication, which according to the size and extent of its jurisdiction would be powerful. This was due to the fact that the Federal Constitutional Court in its totality was unprecedented both in terms of constitutional history and comparative constitutional development: during the deliberations on the Basic Law and Federal Constitutional Court Act, there were repeated specific references to the Staatsgerichtshof in Weimar and the U.S. Supreme Court. But both in its numerous distinctive details and even in the overall concept, the constitutional court of the Basic Law represents a new creation.

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Calabresi, Steven Gow. "The Federal Republic of Germany." In The History and Growth of Judicial Review, Volume 2, 39–114. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075736.003.0004.

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This chapter looks at the German system of judicial review of the constitutionality of legislation, which has been borrowed by virtually all of the civil law countries in the world as being the one that is the most compatible with their legal system. The historical lessons drawn from Germany’s experience with the Third Reich made Germans acutely aware of the need for constitutional protection of rights growing out of the great historical wrongs of Nazism and of the Holocaust. Thus, the fundamental core explanation of the origins and growth of German judicial review is that it is a rights from wrongs phenomenon. That being said, the growth of German judicial review was made easier by the fact that the German Basic Law constituted the Constitutional Court to act as a federalism and separation of powers umpire. The German Constitutional Court has performed those umpiring function from 1949 down to the present day with great deftness and ability. Thanks to the great scholar, Hans Kelsen, the Germans borrowed a greatly modified system of U.S. judicial review, which was specially designed to work well in civil law countries. The German Model has, in turn, been borrowed by every oother country discussed in Volume II of my two part book series.

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Obert, Jonathan, and John F. Padgett. "Conflict Displacement and Dual Inclusion in the Construction of Germany." In The Emergence of Organizations and Markets. Princeton University Press, 2012. http://dx.doi.org/10.23943/princeton/9780691148670.003.0008.

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This chapter focuses on the nineteenth-century formation of Germany. Organizational innovation was the assembly by Prussia of geographically disparate German principalities under the new constitutional umbrella of Reichstag, Bundesrat, and chancellery. Organizational catalysis was the emergence of political parties and interest groups—and underneath those, of German nationalism—to manage the constitutional core. The multiple-network invention was dual inclusion: namely, the stapling together of the deeply contradictory principles of democracy and autocracy through “Prussia is in Germany, and Germany is in Prussia.” This deep contradiction built into the heart of the German state generated a sequence of new political actors in German history.

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Brady, Thomas A. "The constitutional treaty of a German city: Strasbourg, 1482." In A Sourcebook of Early Modern European History, 68–70. Routledge, 2019. http://dx.doi.org/10.4324/9781351243292-17.

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Calabresi, Steven Gow. "The Republic of South Africa." In The History and Growth of Judicial Review, Volume 1, 337–62. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075774.003.0010.

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This chapter explores the origins and growth of judicial review in South Africa. Judicial review originated in South Africa in 1994 for rights from wrongs reasons. The great moral wrongs of racist Afrikaner and British imperial rule could only be overcome with a new Democratic Constitution, accepted by blacks and whites, with a very generous Bill of Rights that is enforced by a very powerful Constitutional Court. The African National Congress (ANC) party, led by Nelson Mandela, had called for a Bill of Rights and judicial review ever since the 1950s. In the 1990’s, the ANC got its wish. South African judicial review also result, in part, from borrowing. South Africans borrowed heavily from the Canadian Charter of Rights and Freedoms of 1982 and from the German Basic Law of 1949. South Africa particularly borrowed from Germany the idea of creating one very powerful Constitutional Court, which alone has the power of judicial review in South Africa.

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