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	The Court » Blog Archive » Report from Germany: The Constitutional Court and the Berlin Decision
		The Federal Constitutional Court [FCC] of the Federal Republic of Germany was created in 1951 and soon became a leading voice in a global judicial dialogue.
		In its judgment of 19 October 2006 the Federal Constitutional Court ruled that the State of Berlin does not have the right to claim supplementary grants as it does not suffer from a severe budget crisis.
		The court outlines the premises for a severe budget crisis as such: the budget of a state has to be regarded as critical in relative and absolute terms.
	www.thecourt.ca /2007/02/12/report-from-germany-the-constitutional-court-and-the-berlin-decision (1671 words)

	Federal Constitutional Court of Germany - Wikipedia, the free encyclopedia
		The Federal Constitutional Court (in German: Bundesverfassungsgericht, BVerfG) is a special court established by the German Constitution, the Grundgesetz (Basic Law).
		The court’s practice of enormous constitutional control frequency on the one hand, and the continuity in judicial self-restraint and political revision on the other hand, created a unique defender of the Grundgesetz since World War II and assigned a remarkably outstanding role in a modern democracy.
		The Court's judges are elected by the Bundestag and the Bundesrat.
	en.wikipedia.org /wiki/Federal_Constitutional_Court_of_Germany (1329 words)

	List of constitutional courts - Wikipedia, the free encyclopedia
		A Constitutional Court is a high court found in many countries which deals primary with constitutional law.
		Many countries do not have separate constitutional courts, and instead delegate constitutional judicial authority to the Supreme Court.
		Constitutional court of Russia (building by Marian Peretiatkovich, 1912).
	en.wikipedia.org /wiki/Constitutional_Court (162 words)

	Venice Commission - Commission de Venise
		in co-operation with the Constitutional Court of Armenia
		Every German Court which is convinced that a relevant federal or state law that is applicable to its case violates the Basic Law, must transfer the consitutional question to the Federal Constitutional Court and suspend the proceedings until a decision of the Constitutional Court has been reached.
		The submitting court has to explain in detail why it considers the relevant legal provision to be in conflict with the constitution, why the outcome of the case depends on the validity of the law and why there is absolutely no acceptable way of interpreting the law in accordance with the constitution.
	www.venice.coe.int /docs/2000/CDL-JU(2000)041-e.asp (3196 words)

	Conference on Constitutional Law
		Written constitutions became a commonplace of political life by the end of the 19th century, but it was not until the Second World War that courts in much of the world began to use those constitutions as mechanisms of judicial empowerment.
		Courts are particularly attentive to legal procedure and, in many legal systems, courts participate actively and officially in lawmaking on the subject of procedure.
		In Hungary, the activist court was defanged when a center-right centralizing government was elected in 1998; the new prime minister took advantage of the fact that nearly all of the judges reached the end of their term at once to put in judges less likely to find objectionable anything that the government did.
	www.aals.org /profdev/constitutional/schepple.html (1226 words)

	Jehovah's Witnesses: December 19, 2000 News Release
		Today the Federal Constitutional Court of Germany ruled that a religion may not be denied the status of a corporation under Public Law based on a test of loyalty to the state.
		Final word on the application is still forthcoming, as the Federal Constitutional Court remanded the case to the Berlin Federal Administrative Court for a new decision in harmony with the criteria in the Constitutional Court's ruling.
		The Federal Constitutional Court's opinion emphasized the principles of separation of church and state as well as the equality of all religions.
	www.jw-media.org /region/europe/germany/english/releases/religious_freedom/ger_e001219.htm (323 words)

	[No title]
		CONSTITUTIONAL COURTS IN COMPARISON is a collection of essays on decision-making within two of the world's most powerful and prestigious tribunals, namely, the United States Supreme Court and Germany's Federal Constitutional Court.
		Robert Kagan's essay, "Constitutional Litigation in the United States" (chapter 1), is a lucid account of the impact that the political system and legal culture exert on the range and growth of constitutional adjudication in the Supreme Court.
		In their introductory essay, Rogowski and Gowran ask whether "the U.S. Supreme Court [is] a constitutional court" and whether "we [are] comparing like with like." They point out significant differences in the organization, jurisdiction, staffing, and internal decision-making procedures of the two tribunals, but they might have said more about the significance of these differences.
	www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/rogowski-ralf.htm (1300 words)

	JURIST - Paper Chase: Germany Constitutional Court approves limits on unnegotiated legal fees
		Gabriel Haboubi at 4:26 PM ET [JURIST] Germany's Federal Constitutional Court [official website, in German] Tuesday upheld [press release, in German] a 2004 statute limiting lawyers fees [German Federal Bar Association backgrounder, PDF] unless payment is negotiated beforehand.
		The court ruled that because the lawyers are able to negotiate higher rates with clients, a statutory cap for unnegotiated fees is permissible and justifiable as a way to protect clients from excessive expenses.
		A lawyer for Kapellmann and Partner [corporate website] told Bloomberg that the court failed to address a key issue with the law that relates to firms that represent government agencies.
	jurist.law.pitt.edu /paperchase/2007/05/germany-constitutional-court-approves.php (341 words)

	Germany: Constitutional Court legitimises new elections
		In 1983, when the court was obliged to pass judgement in a comparable case concerning the dissolution of the Bundestag by the government of Helmut Kohl (Christian Democratic Union—CDU), it declared that mere “difficulties” in realising government policy were insufficient to justify posing a vote of confidence.
		With the ruling by the Constitutional Court, all national institutions have placed themselves behind this conspiracy against the population: the administration, the Bundestag, the president, and the highest court in the land.
		The ease with which the Constitutional Court has dispensed with legal norms that were considered inviolable for many decades shows that the ruling elite as a whole has decided to go in the direction of anti-democratic changes in the constitutional structure of the state.
	www.wsws.org /articles/2005/aug2005/germ-a27.shtml (2868 words)

	EKD: Protestant Church in Germany - - Federal Constitutional Court sanctions asylum laws
		The court gave its basic approval to the three pillars of the asylum compromise which was reached with great difficulty in 1993: the rejection of asylum-seekers entering Germany from other safe countries, the designation of countries of origin which are "free from persecution" and the processing of asylum-seekers’ applications at airports.
		As far as the rejection of asylum-seekers entering Germany from other safe countries are concerned (so called "Third-Country-Ruling"), the Federal Constitutional Court does not share the view that a refugee can be sent back to the country from which he or she entered without examining the circumstances, blindly so to speak.
		The far-reaching constitutional approval of the compromise on asylum reached in 1993 must not be used as justification for a much stricter application of the rules when it comes to deciding on individual cases.
	www.ekd.de /bulletin/2242.html (782 words)

	The Supreme Court Historical Society
		While the appointment of a Supreme Court justice is a problem to be solved by the Senate and the President of the United States, this process is in Germany rather difficult.
		The decision of the Supreme Court to reject a case, that is to say, to deny a petition, is simply made by not transferring a case from the conference agenda which includes all petitions, to the 'discuss list" which consists of all cases at least one justice wants to discuss in conference.
		Thus it is throughout possible that he or she could be reluctant in conference if the majority of the court is tending to a point of view which is in opposition to this court member's and his or her assistant's view.
	www.supremecourthistory.org /04_library/subs_volumes/04_c19_m.html (4417 words)

	A Manual for Germany \| A Manual for Germany: Federal Constitutional Court (Site not responding. Last check: 2007-10-31)
		Germany’s Federal Constitutional Court is the highest court in the land and sits in Karlsruhe.
		The court decides on constitutional cases brought by German citizens and examines the constitutionality of German laws.
		The judges in the Constitutional Court are also informally known as the "Rote Roben" (Red Robes) due to their clothing.
	www.handbuch-deutschland.de /book/en/003_001_004.html (65 words)

	Federal Constitutional Court of Germany: Bundesverfassungsgericht - Institutions - German Archive: The Federal ...
		Federal Constitutional Court of Germany: Bundesverfassungsgericht - Institutions - German Archive: The Federal Constitutional Court (in German: Bundesverfassungsgericht, BVerfG) is a special court established by the German Constitution, the Grundgesetz (Basic Law).
		Even constitutional amendments or changes passed by the Parliament are subject to its judicial review, since they have to be compatible with the most basic principles of the Grundgesetz (due to its Article 79 (3), the so called 'eternity clause').
		The court allows its members as the only court in Germany to release a dissenting vote in public, since internal votes in other courts are confidential.
	www.germannotes.com /archive/article.php?products_id=52&osCsid=3ff1d3d9fd0157586079ece6e2045eea (1046 words)

	Germany's Constitutional Court (Site not responding. Last check: 2007-10-31)
		Germany is a member state of the Western European Union (WEU) which is planned to become an integral part of the European Union and turn it into its defense component.
		The main task of the Constitutional court is to decide questions of constitutional law and to settle disputes in constitutional matters.
		Unlike the Supreme Court in the United States which can avoid adjudicating the constitutionality of certain political matters according to the "political question doctrine", the German Constitutional court is bound to uphold the constitution even if this may undermine the authority of the parliament.
	www.airpower.maxwell.af.mil /airchronicles/cc/borner.html (4805 words)

	DW-WORLD.DE - Constitutional Court Probes Early Vote
		On Monday, the constitutional court ruled that several smaller parties, which aren't represented in the parliament, would not be allowed to join the appeal by Hoffmann und Schulz.
		Even as the court begins hearings into the matter this week, political representatives have warned that stopping the planned early elections, campaigning for which has begun in earnest, will be disastrous.
		Several politicians and constitutional experts have also called for a debate on an amendment to the constitution to allow the chancellor to dissolve parliament in future.
	www2.dw-world.de /southasia/germany/1.150328.1.html (570 words)

	Background: Federal Constitutional Court \| Germany \| Deutsche Welle \| 20.07.2005
		Germany's high court is the authority on upholding the country's constitution and ensuring it's laws are adhered to.
		Germany's ruling coalition may have purposely lost a confidence vote to trigger early elections, but the country's president or supreme court could yet kibosh the hopes of both politicians and the public for a new poll.
		Germany’s highest court on Wednesday confirmed the right of a female Muslim teacher to wear a headscarf in the classroom.
	www.dw-world.de /dw/article/0,1564,1652153,00.html (761 words)

	Schachtschneider: Europe Should Establish Itself As a Republic Of the Republics--Not As a Super-State
		In my petition to the Federal Constitutional Court, I had argued that through the Maastricht Treaty, Germany's statehood would be so voided of content that Article 38 of the Constitution,[6] a fundamental right, whereby MPs are to represent the entire people, would become, to all intents and purposes, otiose.
		In my petition to the Federal Constitutional Court, I shall prove that the principle of limited conferral has been swept aside, while the prerogatives that have become the subject of conferral are of existential significance for a People, and therefore must not be transferred to a federation of states.
		The Constitutional Treaty states that the declarations on fundamental rights (that under Roman Herzog,[14] in the agreement on basic rights, were taken over from the European Convention on Human Rights and Basic Freedoms, and discussed at length) are as binding as the the Charter of Fundamental Rights of the Union itself.
	www.larouchepub.com /other/interviews/2005/3226schachtschneider.html (8024 words)

	The Constitutional future of EUROPE: A Transatlantic Dialogue
		Her main fields of research and publication are the constitutional problems of the European system; the relationship between the Italian legal system and the European Union; human rights; and the judicial review of the Italian Constitutional court.
		She was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 1980.
		Judge Onida was born in 1936, lives in Milan and is a lawyer and a Professor of Constitutional, Public and Regional Law as well as Constitutional Adjudication in the Universities of Verona, Sassari, Pavia, Bologna and Milan from 1966 until 1996.
	www.jeanmonnetprogram.org /conference_lapietra/partipants.html (3762 words)

	German Law Journal - The Constitutional Court's "Traditional Slaughter" Decision: The Muslims' Freedom of Faith and ...
		First, the Court concluded that the appellant had not satisfactorily established her membership in a "religious community." The appellant (a butcher and operator of a Kiosk) identified herself and her clients as Sunni Muslims, which the Federal Administrative Court labeled a "branch of Islam".
		The Court explained that in the specific context of the complainant's case (a butcher whose religious beliefs significantly impact his occupation) this constitutional interest directly touched upon and was therefore enhanced by the complainant's constitutional right to freedom of religion.
		First, the Court distinguished the definition of a "religious community" as this phrase is used in the context of the Animal Protection Act from the use of this phrase in the jurisprudence relating to Germany's grant of quasi-public status to some "religious communities" under the terms of Article 140 of the Basic Law.
	www.germanlawjournal.com /print.php?id=128 (4635 words)

	BBC News \| Europe \| Court approves new German spellings
		The proposals provoked protests from parents, teachers and writers for two years, and the court ruling is the culmination of a long legal battle by opponents of the spelling reform.
		The court ruled against the plaintiffs who had argued that the reforms could only be approved by an act of parliament.
		The constitutional court ruling is now expected to end the legal battles and smooth the way for the introduction of the new spellings at the beginning of August.
	news.bbc.co.uk /1/hi/world/europe/132544.stm (360 words)

	German Law Journal - Germany’s Federal Constitutional Court and the Regulation of GPS surveillance
		The FCC affirmed the Oberlandesgericht (Regional Appellate Court) and the Bundesgerichtshof (Federal Court of Justice) in rejecting the petitioner’s arguments. In upholding the use of GPS technology, the Supreme Court rejected the lower courts’ view that the global positioning system was the functional equivalent of electronic beepers, which Section 100(c)(1)(b) authorized.
		Courts interpret this limitation with an eye on the intrusiveness of the surveillance. The police may use tracking technologies upon a determination that the offense would be more difficult to investigate or the suspect harder to locate without the use of such devices.
		The court does acknowledge that, in extreme cases, the cumulation of surveillance tactics may exceed constitutional limits in the aggregate even when individual modes of intrusion can be justified in isolation.
	www.germanlawjournal.com /article.php?id=678 (2211 words)

	German High Court Has More Power Over Legislature, Grimm Says
		The Supreme Court found that because the purpose of the First Amendment is to create an educated public that can conduct its own affairs, the rights of the viewers and listeners are paramount to the rights of the broadcasters.
		In 1975 the German court determined the state’s obligation to furnish the protection of free rights is comprehensive and includes the protection and promotion of developing life, such as fetuses.
		In contrast, although Germany did not have a revolution during the same period, the monarchs of many German states granted the enactment of constitutions with bills of rights to “attempt self-preservation of the dynasty.” The old feudal laws remained in place and could not be overridden by the new constitutions.
	www.law.virginia.edu /home2002/html/news/2006_spr/grimm.htm (1044 words)

	Germany Info: Information Services: Publications: The Week in Germany
		Germany's highest court this week paved the way for the country's public universities to begin charging students tuition fees for the first time.
		On Wednesday, Germany's Constitutional Court in Karlsruhe overturned a federal law that had banned the introduction of fees.
		After the court handed down its ruling, student leaders called for widespread protests, while officials in the federal states of Saxony-Anhalt, Saarland, Hamburg, Bavaria and Baden-Wuerttemburg said they were ready to introduce fees as soon as possible.
	www.germany.info /relaunch/info/publications/week/2005/050128/politics4.html (279 words)

	Church of Scientology Human Rights Office - Germany: Religious Freedom
		The lawsuit, in progress since 1997, concerned a member of the Church of Scientology from Bavaria who was asked by a company in northern Germany, with whom she was about to enter into a contract, to sign a document stating that she has not taken courses based on the works of
		The court held that the distribution of the filter by officials of the Hamburg City government violated the Scientologist’s rights under Article 4 of the German Constitution, which protects freedom of religion, as well as the city’s constitutional duty to remain neutral.
		Germany's Office for the Protection of the Constitution as an Instrument for Character Assassination - Concerning the Discussion on Scientology
	www.humanrights-germany.org (298 words)

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