The Beginnings of Germany's Federal Constitutional Court

Author: Borowski M.

Source: Ratio Juris, Volume 16, Number 2, June 2003 , pp. 155-186(32)

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Abstract:

In this paper I take up aspects of the origins of the Constitutional Court of the Federal Republic of Germany, with special attention to the reasons for the aggregation of power and to the question of how far constitutional court models from abroad played a role in the development of the Court. Where the beginnings of the Federal Constitutional Court are concerned, the German tradition and the experience with the lawless regime of the national socialists played a fundamental role. To a certain degree the Austrian model and to a lesser degree that of the United States figured in the deliberations of Germany's post-War constitutional framers, too.

Document Type: Research article

DOI: http://dx.doi.org/10.1111/1467-9337.00230

Affiliations: 1: Christian-Albrechts University, Germany

Publication date: 2003-06-01