Blog of the International Journal of Constitutional Law

Tag: Federal Constitutional Court

  • Developments in German Constitutional Law: The Year 2016 in Review

    Editor’s Note: Today we publish the 2016 report on German constitutional law, which appears in the larger 44-country 2016 Global Review of Constitutional Law. The entire 2016 Global Review is now available in a smaller file size for downloading and emailing: https://ssrn.com/abstract=3014378.

  • Virtual Bookshelf: Constitutional Revolution in Germany–A Review of “The Forgotten Revolution?” by Stephan Jaggi

    —Richard Albert, Boston College Law School Bruce Ackerman’s theory of “constitutional moments” has traveled the world as scholars have applied it outside the United States. Juliano Zaiden Benvindo has drawn from the theory to examine recent constitutional changes in Brazil, Sujit Choudhry has applied the theory to Canada in connection with Quebec secession, and Dario Castiglione has explored whether the theory can help us understand what is at stake in the constitution-making project for Europe.

  • The “New” German Teacher Headscarf Decision

    —Claudia E. Haupt, Columbia Law School The German Federal Constitutional Court last week published its opinion in the “new” teacher headscarf case (available here in German, English language press coverage here). The Court held that a general prohibition against teachers’ wearing headscarves in public schools is unconstitutional under Article 4 (1) and (2) of the German Basic Law.[1]

  • If It Looks Like A Duck…?

    —Claudia E. Haupt, Associate-in-Law, Columbia Law School Cross-posted from the Center for Law and Religion Forum at St. John’s University School of Law A growing body of literature in comparative constitutional law discusses themes of constitutional convergence. Do constitutional provisions converge across legal regimes?

  • Differencing Same-Sex Marriage

    –Russell Miller, Washington & Lee University School of Law, Co-Author, The Constitutional Jurisprudence of the Federal Republic of Germany (2012), Co-Editor-in-Chief, German Law Journal As a comparative lawyer it is tempting to see a once-in-a-generation convergence of American and German constitutional law on what many regard as the era’s foremost civil rights issue:  same-sex marriage.