Constitutional Courts in Federal States: the case of Germany

Autor: Rainer Grote
Jazyk: English<br />French<br />Dutch; Flemish
Rok vydání: 2017
Předmět:
Zdroj: Fédéralisme-Régionalisme, Vol 17, Iss 1 (2017)
Druh dokumentu: article
ISSN: 1374-3864
DOI: 10.25518/1374-3864.1691
Popis: The preservation and enforcement of the federal constitutional structure constitutes one of the main building blocks of the jurisdiction of Germany’s Federal Constitutional Court. However, most of the time post-war German federalism has functioned as a highly centralised system with a dominant federal legislature and a high degree of coordination among the Länder in the exercise of their reserved powers, an evolution which the Court assisted through its broad interpretation of the scope of federal legislative powers. Constitutional reforms following the integration of the new Länder on the territory of the former GDR have tried to strengthen the position of the Länder by providing for a stricter federal separation of powers, but the resulting changes have been limited in scope and not fundamentally altered the centralised nature of German federalism.
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