Suchergebnisse

Germany's Federal Constitutional Court rivals the Supreme Court of the United States in protecting political democracy. Its jurisprudence of democracy has shaped the course and character of German politics while upholding the rule of law and defending the constitutionally prescribed "free democratic basic order." In furtherance of these objectives, the Constitutional Court has invalidated regulations limiting the rights of minor parties and constitutionalizing measures designed to stabilize Germany's system of parliamentary government. These purposes have been served by constitutional decisions on voting rights, public funding of election campaigns, dissolution of Parliament, and proportional representation, including the limiting 5 percent clause. These decisions, along with a discussion of the Hessian Election Review Case—a reminder of Bush v. Gore—are calculated to make political representation both responsive and responsible and to anchor the political system firmly in the democratic values at the heart of the Basic Law.

Germany's Federal Constitutional Court rivals the Supreme Court of the United States in protecting political democracy. Its jurisprudence of democracy has shaped the course & character of German politics while upholding the rule of law & defending the constitutionally prescribed "free democratic basic order." In furtherance of these objectives, the Constitutional Court has invalidated regulations limiting the rights of minor parties & constitutionalizing measures designed to stabilize Germany's system of parliamentary government. These purposes have been served by constitutional decisions on voting rights, public funding of election campaigns, dissolution of Parliament, & proportional representation, including the limiting 5 percent clause. These decisions, along with a discussion of the Hessian Election Review Case -- a reminder of Bush v. Gore -- are calculated to make political representation both responsive & responsible & to anchor the political system firmly in the democratic values at the heart of the Basic Law. References. [Reprinted by permission of Sage Publications Inc., copyright 2006 The American Academy of Political and Social Science.]

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.