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Topic: German Federal Constitutional Court abortion decision

	Encyclopedia :: encyclopedia : Federal Constitutional Court of Germany (Site not responding. Last check: 2007-10-22)
		The Federal Constitutional Court (in German: Bundesverfassungsgericht, BVerfG) is a special court established by the German Constitution, the Grundgesetz (Basic Law).
		Decisions of the court on material conflicts are put into force through a federal law by the Federal Constitutional Court Act (BVerfGG).
		Impeachment cases against the President or a judge, member of one of the Federal Supreme Courts, brought by the Bundestag, the Bundesrat or the federal government, based on violation of constitutional or federal law (Impeachment Procedure).
	www.hallencyclopedia.com /Federal_Constitutional_Court_of_Germany (976 words)

	39 BVerfGE 1
		The decisive point in all these cases is that another interest asserts itself with urgency, which, from a constitutional perspective is equally worthy of protection, so that state's legal order cannot demand that the pregnant woman always gives priority to the right of the unborn.
		Constitutional control of such provisions thus means a review of whether the encroachment into the sphere of personal freedom protected by the Basic Rights due to the passing or application of the penal provision is permissible.
		The decision [as to which solution to adopt], which in many cases requires prior compromises and [which] is arrived at in a trial-and-error process, belongs, pursuant to the fundamental rule of the separation of powers and the democratic principle, within the responsibility of the legislator.
	wings.buffalo.edu /law/bclc/web/germanabortion1.htm (4021 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 German approach follows from the FCC’s recognition of a right of “informational self-determination,” that is, a right of all persons to control their personal data and to limit the government’s collection, storage, and transmission of personal information about them.
	www.germanlawjournal.com /print.php?id=678 (2201 words)

	History of Germany, The Social Democratic-Free Democratic Coalition
		Bavaria filed a suit in the Federal Constitutional Court in Karlsruhe to prevent the treaty's implementation, but the court held the treaty to be compatible with the provisions of the Basic Law.
		The unusually poor showing of the SPD in these final East German elections may be explained by the party's reluctance to support German unification and also by the fact that the public was aware of the close contacts that the SPD leadership had maintained with the SED over the years.
		When the historic constellation allowing unification appeared, swift and decisive action on the part of Chancellor Kohl and the unwavering, strong support given by the United States government for the early completion of the unification process were key elements in surmounting the last hurdles during the final phase of the Two-Plus-Four Talks.
	www.msu.edu /~koesselb/Germany7.htm (7150 words)

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		Constitutional scholars in the United States have basically accepted the Supreme Court’s reasoning that advisory opinions violate the separation of powers.
		For instance, the German Federal Constitutional Court has the power to decide the constitutionality of federal or state laws that are still pending in legislatures.
		German political parties that lose in the BUNDESTAG invoke the Court’s abstract review to decide abortion policy, the dissolution of Parliament, or the use of German troops in Bosnia.
	www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/jay.htm (1598 words)

	Ronald Reagan - Wikipedia, the free encyclopedia
		In other domestic issues he did not succeed in significantly changing social policies such as welfare and abortion during his presidency, but he did create a more conservative federal judiciary through appointments to the United States Supreme Court and other federal courts.
		Anderson decision, which invalidated all death sentences issued in California prior to 1972, although the decision was quickly overturned by a constitutional amendment.
		In order to cover the federal budget deficit, the United States borrowed heavily both domestically and abroad, and by the end of Reagan's second term the national debt held by the public rose from 26% of Gross Domestic Product in 1980 to 41% in 1989, the highest level since 1963.
	en.wikipedia.org /wiki/Ronald_Reagan (9067 words)

	CNN.com - Attorney: Padilla's detainment a 'constitutional concern' - June 11, 2002
		NEW YORK (CNN) -- Decrying the U.S. government's decision to transfer her client to the custody of the U.S. military, an attorney for Jose Padilla, the suspect in an alleged dirty bomb plot, urged a federal court Tuesday to release him.
		While U.S. District Court Judge Michael Mukasey said he would consider Newman's motion, it was unclear what jurisdiction, if any, the court has in the case now that Padilla is in the custody of the U.S. military.
		In Tuesday's court proceedings in New York, Newman prepared a motion, called a petition for a writ of habeus corpus, Monday after she learned that her client, a U.S. citizen, had been transferred from the Department of Justice to the custody of the Department of Defense.
	archives.cnn.com /2002/LAW/06/11/padilla.court/index.html (850 words)

	Post-War German History (Chronology)
		FRG/BRD is invited to join NATO permitting West German rearmament (Protocol to the North Atlantic Treaty on the Accession of the Federal Republic of Germany), and Italy and the FRG/BRD accede to the Western European Union (WEU).
		The first all-German election of the head of state is held and Roman Herzog, president of the Federal Constitutional Court at the time, is elected federal president by the Federal Convention in Berlin.
		The Association for the German Language in Wiesbaden said that their choice was based on the fact that this date had been at the center of world-wide discussions.
	faculty.washington.edu /~krumme/german/chronology.html (4085 words)

	CNN.com - What the "Partial-Birth" Abortion Case is Really About
		Under Supreme Court precedent, such a law would be unconstitutional "on its face" because every application of the law would be tainted by this improper purpose - and a plaintiff bringing a "facial challenge" to the law would win in court.
		Over the nearly three decades since the Supreme Court first ruled that abortion is a constitutional right, anti-abortion state legislators have become increasingly skilled at enacting laws that do not prohibit abortion outright, but tie up in red tape doctors willing to perform abortions, and impose financial and other hardships on women seeking abortions.
		Wade and reaffirmed in Casey, to a pre-viability abortion.
	archives.cnn.com /2000/LAW/04/21/dorf.abortion (1132 words)

	COMPLW18.OUT (Site not responding. Last check: 2007-10-22)
		specific constitutional provisions calling for review, with standing rules provided by the statute, incorporated into art.
		18, declaration of forfeiture of constitutional rights by abuse of freedom of expression (stat.
		which affects the division of the federation into states, the essential participation of the states in the legislative process, or the principles laid down in articles 1 to 20, is impermissible."
	www.law.missouri.edu /fisch/COMPLW18.OUT.htm (217 words)

	CNN.com - Abortion debate may pivot on Congress - Jan. 23, 2003 (Site not responding. Last check: 2007-10-22)
		Highlighting the issue's importance in the 2004 presidential race, especially in the Democratic Party primaries, six of the party's candidates have accepted invitations to speak Tuesday evening at a dinner Michelman's group is holding in Washington to celebrate Roe v.
		The Supreme Court has previously ruled state laws against the "partial birth" procedure are not constitutional, concluding the term was vaguely defined, and did not take into account the physical safety of the mother.
		Anti-abortion activists also want Congress to make it a federal crime to circumvent state parental-consent laws, punish criminals who harm a fetus and give health providers and insurers the legal right to refuse to perform, pay for or counsel patients for abortion services.
	www.cnn.com /2003/LAW/01/21/abortion.law.politics (870 words)

	CNN.com - Supreme Court upholds abortion protest limits - June 28, 2000
		The state trial court and a state appeals court ruled for the state, and the Colorado Supreme Court refused to hear the case, at which point the protesters appealed to the U.S. Supreme Court.
		In February 1997, the U.S. Supreme Court returned the case to the state courts to further consider the matter, but the Colorado appellate court reached the same conclusion -- that there was nothing wrong with the law.
		Bolton, the court struck down by a 7-2 vote restrictions on facilities that could be used to perform abortions.
	www-cgi.cnn.com /2000/LAW/06/28/scotus.abortion (735 words)

	Anthroposophists on the other side of the ocean
		Still others compared the ruling of the Constitutional Court to the forcible replacement of the crucifixes with pictures of Hitler during the Third Reich.(2) The chief editor of Die Welt, a leading national right-leaning newspaper, was hastily fired for writing an editorial praising the court's decision.
		It was ordinary East German people in 1989 who brought about that bright, shining, redeeming moment in German history when protesters poured out of the churches of Leipzig, and - at great personal risk - brought down a totalitarian regime with the sheer moral force of their protest.
		If the constitutional court rehears the case and climbs down from its decree, then its lack of independence and vulnerability to political pressure will be painfully obvious.
	uncletaz.com /at/febmar04/anthrocean.html (1886 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').
		As a result, the court can abolish acts of all three branches as unconstitutional - either for formal violations, e.g.
	germannotes.com /archive/article.php?products_id=52&... (1056 words)

	CNN.com - Bush signs ban on late-term abortion - Nov. 6, 2003
		CNN's John King reports on President Bush's signing of a ban on so-called partial-birth abortion, and a federal judge's ruling at least partially blocking it.
		The new law is similar to a Nebraska statute struck down by the Supreme Court three years ago and imposes the most far-reaching limits on abortion since the high court in 1973 established a woman's right to end a pregnancy.
		On Capitol Hill, critics urged the courts to declare the ban unconstitutional at a news conference outside the Supreme Court.
	edition.cnn.com /2003/ALLPOLITICS/11/05/abortion.ap (947 words)

	Appeals Court to Rehear Nuremberg Web Site Case
		The Nuremberg Files case, as it is widely known, requires courts to balance the constitutional right to free speech, however menacing and offensive, and the need to protect individuals and society from explicit, criminal threats to safety.
		In an uncommon move, on Oct. 3 the federal Court of Appeals in California nullified a dramatic six-month-old decision of a three-judge panel from the same court.
		In the original appeals court decision, the three judges had overturned the 1999 verdict of a federal jury that determined that the "Deadly Dozen" poster campaign was not protected speech but actual threats.
	www.womensenews.org /article.cfm/dyn/aid/681 (1215 words)

	CNN.com - Schiavo parents back in federal court - Mar 25, 2005
		The U.S. Supreme Court refused to intervene after the 11th U.S. Circuit Court of Appeals twice turned down a plea from the parents that would have allowed for a feeding tube to be reinserted Wednesday.
		Referring to the high court decision, George Felos, an attorney for Michael Schiavo, said: "All of us are very grateful for the order of the United States Supreme Court this morning.
		After court rulings, the tube was removed for two days in 2001 and six days in 2003.
	edition.cnn.com /2005/LAW/03/24/schiavo/index.html (1025 words)

	CNN.com - Bush dismisses court speculation - Nov 6, 2004
		The youngest Supreme Court justice is 56 years old, the oldest is 83.
		After cautioning Bush a day earlier that he should be "mindful" of picking judicial candidates with a "broad range of acceptability," moderate Republican Sen. Arlen Specter issued a statement Thursday saying his comments were not meant as a warning.
		Wade, the landmark 1973 Supreme Court decision that legalized abortion, was "unlikely."
	www.cnn.com /2004/ALLPOLITICS/11/05/bush.court/index.html (940 words)

	William and Mary School of Law Web Page
		The Court's Vacillating Mistrust and Trust of State Search and Seizure Laws, 35 Seton Hall L. Rev. 911 (2005); to be reprinted in Sword and Shield (3d ed.
		The Constitutional Futility of Proposing Statutory Term Limits for Supreme Court Justices, in Reforming The Court: Term Limits For Supreme Court Justices 385 (Carolina Academic Press 2006) (Roger C. Cramton and Paul D. Carrington, eds.).
		The Constitutional Impropriety of The Furtive NSA Domestic Surveillance Sweeps, A Letter to Select Members of Congress, Jan. 26, 2006, reprinted in The New York Review of Books, Feb. 9, 2006, 42 (with David Cole and thirteen others).
	www.wm.edu /law/publications/recent/recent.shtml (6310 words)

	AmericanHeritage.com / Blog: Frederic D. Schwarz
		As is true of a related and far greater injustice, the assignment of two Senate seats to each state regardless of population, changing the rules would require federal and state lawmakers to vote against their own interest for the sake of nothing more than fairness.
		One point that could use clarification is that while abolishing or modifying the Electoral College would require a constitutional amendment, the states remain free to appoint electors as their legislatures see fit.
		Liberated from the shackles of government rules, colleges would be free to thumb their noses at the Supreme Court, impose racial quotas and ethnic point systems at will, and practice any kind of affirmative action they want, with no need to dissemble.
	www.americanheritage.com /blog/FredericDSchwarz.shtml (13285 words)

	IOBA Standard - Printable Edition (Site not responding. Last check: 2007-10-22)
		The answer is to treat them in a courteous, friendly, but firm manner - they are still potential customers and it is not their fault that others have encouraged haggling in the past.
		When the federal amendment was finally ratified in 1920, 339 of 531 presidential electors represented states in which women could vote.
		Accompanied as it is by a specimen of the preceding issue, for December 28, 1799, and one of the succeeding issue, for January 11, 1800, this happy discovery constitutes the most noteworthy recent addition to the Library's large collection of early American newspapers.
	www.ioba.org /newsletter/V13/printable.php (20927 words)

	Law School Redirect (Site not responding. Last check: 2007-10-22)
		If you are looking for The University of Texas School of Law Web site click here for the home page.
		If you are looking for The Texas Constitutions Web site please use this address http://tarlton.law.utexas.edu/constitutions/.
		If you are looking for The Equine Law and Horsemanship Safety Web site please use this address http://tarlton.law.utexas.edu/dawson/.
	utexas.edu /law/academics/centers/transnational/work/german-cases/... (103 words)

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		12/90,4 access problems 7/03,S2 access to courts 4/92,1 access under single payer 3/00,2 Access and Choice Act 12/99,S1 ACCESS Procedures Manual 3/96,3 accident insurance 8/98,4 accountability 9/98,1 accountability of federal agents 7/02,3 accountability v.
		9/93,S2 Colorado Collective for Medical Decisions 1/99,4 Colorado, vaccine mandates 3/00,3 colorectal screening 7/97,1 Colton, Robert 10/01,2 Columbia/HCA 3/96,4 Columbia/HCA 12/98,2 Columbus, Christopher 6/05,1 Columbus, Christopher 5/01,4 Colwell v.
		customer 5/01,2 Consumer Bill of Rights 1/98,S2 Consumer Federation of America 3/93,2 Consumer Policy Institute (Toronto) 7/00,2 consumer-based reform 1/95,S2 Consumers Alert 4/01,3 Consumers Association of Canada 7/00,2 Consumers Union 4/94,1 Consumers Union 3/97,1 Consumers Union 2/96,1 Consumers' Association of Canada 1/99,2 Consumers' Bill of Rights 2/96,1 Conte v.
	www.aapsonline.org /newsletters/newinde.txt (1050 words)

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