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Judicial Review of Legislative Acts in Germany

Published online by Cambridge University Press:  02 September 2013

F. F. Blachly  and
Miriam E. Oatman
F. F. Blachly
Affiliation:
Institute for Government Research, Washington, D. C.
Miriam E. Oatman
Affiliation:
Institute for Government Research, Washington, D. C.
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Extract

The German commonwealth is a federation of states, each operating under its own constitution and laws; though subject to the national constitution, which is the fundamental law of the commonwealth, and to other national laws and ordinances. Hence the general problem of judicial review over legislative acts, in so far as it relates to the central government, includes (a) the question of the right of judicial review of state constitutional provisions or state laws and ordinances, when in conflict with the national constitution, laws, or ordinances, and (b) the question of the right of judicial review in respect to national laws, as against the national constitution.

Type
Foreign Governments and Politics
Information
American Political Science Review , Volume 21 , Issue 1 , February 1927 , pp. 113 - 119
Copyright
Copyright © American Political Science Association 1927

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References

30 According to the laws which carry these provisions into effect, the supreme judicial court, which acts on constitutional cases, is to consist ultimately of members of the supreme administrative court (not yet established) and of the supreme national court (Reichsgericht) which handles cases of private as well as public law. Mean-while, it is composed of members of the latter court, the president acting as chairman; and of one member from the highest administrative court in each of the states of Prussia, Bavaria, and Saxony. The supreme judicial court is competent for cases arising under the constitutional articles quoted above (13 and 19), and under various other articles, as 2–12, 14–15. Gesetz über den Staalsgerichtshof, July 9, 1921, RGBI, 905. See also Handbuch für das Deutsche Reich, 1916, p. 52.

31 Entscheidungen des Reichsgericht, Strafsachen, 56, p. 177 ff.

32 For a list of authorities on both sides of the question, as well as an interesting discussion, see an article by Prof. Dr.Bühler, in Deutsche Juristen-Zeitung, 1921, Heft 17–18, page 530.Google Scholar

33 Entscheidungen des Reichsgerichts, Civil Sachen, 111, p. 320.

34 January 8, 1926, p. 13. Die Rechtsgültigkeit des Aufwertungsgesetzes, by Dr.Mügel, .Google Scholar

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