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Judicial Review, Administrative Review, and Constitutional Review in the Weimar Republic

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Abstract:

Abstract.  

Judicial review (richterliches Prüfungsrecht), administrative review (Verwaltungsgerichtbarkeit), and constitutional review (Verfassungsgerichtsbarkeit) are three different ways in which the judiciary has sought to control the executive and legislative powers of the state. Historically and functionally they are closely linked. I intend to discuss them in their German context, focussing, in particular, on the Weimar Republic, that is to say, on the period between 1919 and 1932. Although I shall not be addressing the highly interesting parallels with the U.S. Supreme Court, or with the comparable courts in Italy, France, and, especially, Austria, I should like to invite attention to them, for there is really no Sonderweg in Germany as far as these developments are concerned.

Document Type: Research Article

DOI: https://doi.org/10.1111/1467-9337.00236

Affiliations: Max-Planck-Institut für europäische Rechtsgeschichte, Frankfurt, Germany

Publication date: 2003-06-01

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