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The article provides an analysis of the formation and development of the provisions of the Basic Law concerning individual rights and freedoms. In the beginning, the authors of the Basic Law treated it as an interim constitutional instrument, which mostly relates to the above-mentioned issue. However, due to political developments, the FRG has existed several decades before German unification. As...
This article examines the role that the Federal Constitutional Court (FCC) has played in the system of government of the FRG since its inception, and its significance for the development of constitutional law in the European states. The starting point is a brief review of the most important provisions of the Basic Law of 1949 and the Federal Constitutional Court Act of 1951. A new model of constitutional...
The Constitution of the FRG of 1949 accentuates, in a special way, the need to ensure effective means for the protection of individual rights and freedoms, drawing special attention to recourse to a court as a means of protection of violated fundamental rights (Article 19 paragraph 4). In the light of jurisprudence of the Federal Constitutional Court (FCC) the right of recourse to a court, as a separate...
The article provides a general and brief overview of the German Basic Law 60 years after its adoption. Two different viewpoints are presented - the German and European perspectives. The starting point is the reference to the constitutional history of Germany, as well as numerous important anniversaries due in 2009, including the 20th anniversary of peaceful revolution in the former GDR. From the German...
The purpose of the article is to analyze the role that — according to the jurisprudence of the Federal Constitutional Court — is played in the German legal system by the European Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights under the Convention, relating particularly to the issue of rights competition between the Convention...
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