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Blog of the International Journal of Constitutional Law
Home Archive for category "Germany"
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When to Overthrow Your Government: The Right to Resist in the World’s Constitutions

Tom Ginsburg, Mila Versteeg and myself have just posted the preliminary version our upcoming article on the Right to Rebel within the world’s written constitutions unto SSRN. The article, which is available for download here, may well be of interest to our fellow scholars, bloggers and constitutional enthusiasts.  We would certainly welcome any comments, perspectives

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The Declining Influence of the United States Constitution

Mila Versteeg and I have just posted to SSRN a paper that might be of interest to readers of this blog entitled “The Declining Influence of the United States Constitution“. It follows up on an earlier article, imminently forthcoming in the California Law Review, in which we took a very bird’s eye view of the

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A Comparativist Joins the German Constitutional Court

The Federal Constitutional Court of Germany will welcome a new judge in 2011: Prof. Dr. Susanna Baer, an enthusiastic comparativist whose work probes a number of fields including human rights, gender equality, law & religion, and legal theory. Baer, who most recently held a professorship at the Humboldt University Berlin, has written a number of

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Published on January 9, 2011
Author:          Filed under: Federal Constitutional Court of Germany, Germany, hp, Richard Albert
 
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“… far more onerous than the restrictions found in this Nation.”

In McDonald v. Chicago, Justice Stevens stated in dissent that “the experience of other advanced democracies . . . undercuts the notion that an expansive right to keep and bear arms is intrinsic to ordered liberty. Many of these countries place restrictions on the possession, use, and carriage of firearms far more onerous than the

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Published on July 21, 2010
Author:          Filed under: Claudia Haupt, Germany, guns, hp
 
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Greece, the Euro, and the FCC

The German Federal Constitutional Court (FCC) has denied an application for a temporary injunction to stop Germany’s contribution to the aid package for Greece (German decision here, English press release here). The challenged law authorized the federal government to guarantee loans up to 22.4 billion euros. Another constitutional challenge is in the works, as reported

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Published on May 26, 2010
Author:          Filed under: Claudia Haupt, European Union, Germany, Greece, hp
 
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New President at the FCC & Some Thoughts on the Appointment Process

Last week, Hans-Jürgen Papier retired from his position as President of the Federal Constitutional Court (FCC) and chief judge of the First Senate upon expiration of his 12 year term on the court. His successor as President is the former Vice-President of the Court Andreas Voßkuhle (FCC press release in German here). Voßkuhle concurrently serves

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Published on March 23, 2010
Author:          Filed under: Claudia Haupt, Germany, hp, judicial appointments
 
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More on Constitutional Concerns regarding EU Data Retention Directive

Readers will likely recall that the German Federal Constitutional Court earlier this month held unconstitutional a German law requiring the retention of certain telecommunication data (German decision here, German press reports in English here and here). The law that was invalidated transposed Directive 2006/24/EC, passed largely in response to the Madrid and London bombings, into

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Constitutional Court Censors German Government

It’s been a tough week for the German government. It was handed defeats by the constitutional court (Bundesverfassungsgericht) in two separate cases touching on the government’s authority to withhold information from parliament.In 2006, the German parliament — on an initiative by opposition parties — constituted a parliamentary commission to investigate allegations that the German government

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Published on July 30, 2009
Author:          Filed under: Germany, hp, information