2012
DOI: 10.1215/9780822395386
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The Constitutional Jurisprudence of the Federal Republic of Germany

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Cited by 145 publications
(20 citation statements)
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“…This focus on the constitution as a point of reference for collective identity, which is much less common in Austrian documents, brings to mind the concept of 'constitutional patriotism' (Habermas, 1991;Sternberger, 1990). Unlike the Austrian constitution, the historic development of the German Basic Law holds a significant meaning for post-war German society (Kommers, 2012). Instead, the German debate on collective identity is mainly outsourced to the Islam Conference and therefore structurally connected to religion.…”
Section: Universal Religionmentioning
confidence: 99%
“…This focus on the constitution as a point of reference for collective identity, which is much less common in Austrian documents, brings to mind the concept of 'constitutional patriotism' (Habermas, 1991;Sternberger, 1990). Unlike the Austrian constitution, the historic development of the German Basic Law holds a significant meaning for post-war German society (Kommers, 2012). Instead, the German debate on collective identity is mainly outsourced to the Islam Conference and therefore structurally connected to religion.…”
Section: Universal Religionmentioning
confidence: 99%
“…99 In addition, where the aforementioned remedies are not available or inadequate, the courts can issue authoritative declarations as to the legal rights of parties and the true state of the law, including the invalidity of legislation. 100 Although a wide range of remedies is thus available, the high Court has discretion about whether to grant a remedy in any particular case. Nonetheless, in most constitutional cases, declaratory or other orders are readily issued once a finding of invalidity has been made, and it is rare for deserving cases to be without a remedy.…”
Section: Jurisdiction Procedure and Remediesmentioning
confidence: 99%
“…100 While constitutional courts or the ordinary judiciary serve as umpires for these kinds of disputes in most other federal states, in Ethiopia there is neither an ordinary court nor a specialized constitutional court with a mandate to interpret the Constitution in order to resolve federalism-related disputes.…”
mentioning
confidence: 99%
“…27 The official translation of the Basic Law into English can be found at https:// www.btg-bestellservice.de/pdf/80201000.pdf. 28 The Federal Constitutional Court, in its decisions, has added mentions of justice and moral law (see Kommers andMiller, 2012, loc. 1500).…”
Section: Rebuilding the Limits To Governmentmentioning
confidence: 99%