The Federal Constitutional Court in the German Political System

Abstract

The Federal Constitutional Court is an important policy-making institution in the German political system. As the guardian of the Basic Law, the Constitutional Court has played a critical role in umpiring the federal system, resolving conflicts among branches of the national government, overseeing the process of parliamentary democracy, monitoring the financing of political parties, and reviewing restrictions on basic rights and liberties. In each of these areas, the Court's decisions have shaped the contours of German life and politics. Its influence is fully the equal of that of the Supreme Court in American politics. Despite its “activist” record of nullifying laws favored by legislative majorities, the German Court has managed to retain its institutional independence as well as the trust of the general public.

Judicial Independence and Party Politics in the Kelsenian Constitutional Courts: The Case of Portugal

“…4 Judicial decision making in a constitutional court is in part the result of personal attributes, 5 attitudes (including policy preferences), peer pressure, and intracourt interaction (a natural pressure for consensus and court reputation; a common objective to achieve supremacy of the constitutional court), and party politics (loyalty to the appointer) within a given constitu-2 See, among others, Lutz (1994), Cooter (1992), and Ramos (2006). 'For a discussion ofjudicial activism by a Continental constitutional court, see Kommers (1994) on the German case. There is also evidence of judicial activism by the French constitutional court since the early 1980s.…”

Judicial Independence and Party Politics in the Kelsenian Constitutional Courts: The Case of Portugal

“…See, among others,Lutz (1994),Cooter (1992), andRamos (2006).3 For a discussion of judicial activism by a Continental constitutional court, seeKommers (1994) on the German case. There is also evidence of judicial activism by the French constitutional court since the early 1980s.…”

Referendums Around the World

“…In Ireland the government has no choice but to submit issues to referendums. Similarly, in Germany, another country with a strong constitutional court (Kommers 1994), there was no question that the proposed amalgamations of Baden and Württemberg into Baden-Württemberg in 1951 and Berlin and Brandenburg into Berlin-Brandenburg in 1996 should be submitted to referendums in accordance with Art. 29.…”