Judicial Review of Legislative Acts in Germany

In: American political science review, Band 21, Heft 1, S. 113-119

Abstract

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.