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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 introduces the present issue of 'Przeglad Sejmowy' dedicated to the 60th anniversary of the adoption of the Basic Law in Germany. The author outlines the history of the creation of that act and identifies the factors which influenced its solutions. He also describes its further development, including numerous amendments which still enable it to determine the real functioning of the Federal...
The Bonn Constituent Assembly has developed a unique and innovative form of parliamentary system. Its normative approach, particularly the method of constitutional regulation of the position of the Federal Chancellor within the structure of government bodies and in the system of supreme authorities of the Federation, is very distinct, therefore even serious German constitutionalists doubted if it...
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 participation of the Federal Republic of Germany in the European integration process is reflected, above all, in the European Community/European Union membership. The constitutional authorization to FRG's access to the Community establishing treaties was given by Article 24 paragraph 1 of the Basic Law which provided for the transfer, by means of a statute, of the sovereign powers to inter-state...
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