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Schröder’s Dissolution of the Bundestag Approved

An Expression of Faith in the German Public

Published online by Cambridge University Press:  20 March 2006

Abstract

Dissolution of the Bundestag by the Federal President on advice of Federal Chancellor — A ‘negative’ motion for a vote of confidence — Precedents of 1972 and 1982 — Dissolution in conformity with the constitution according to German constitutional court — The existence of a political crisis sine qua non for a dissolution to be constitutionally legitimate — Limited judicial control on decision to dissolve as set out in a 1983 ruling even further limited in the 2005 ruling — Effects of the exercised judicial self-restraint on constitutional division of powers — No proof for a decline of the rule of law or of acceptance of directly democratic elements — Strengthening of the powers of the Federal Chancellor sign of faith in the stability of the German government system.

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Articles
Copyright
Asser Press 2006

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