Foreword to the Third Edition / Justice Ruth Bader Ginsburg  xi

Preface to the Third Edition  xiii

Acknowledgments  xvii

Note on Translations and Judicial Opinions  xxi

Abbreviations  xxv

Part I. German Constitutionalism  

1. The Federal Constitutional Court  3

Origin  4

Jurisdiction  10

Institution  17

Process  25

Judicial Review in Operation  33

Conclusion  40

2. Basic Law and Its Interpretation  42

New Constitutionalism of the Basic Law  43

Nature of the Polity  48

Theories of the Constitution  55

Theory of Basic Rights  59

Interpretive Modes and Techniques  62

Sources of Interpretation  70

Conclusion  75

Part II. Constitutional Structures and Relationships  

3. Federalism  79

Territorial Organization  80

Doctrine of Federal Comity  90

Apportionment and Distribution of Revenue  95

Local Self-Government  104

Bundesrat, Reformstau, and Modern Federalism  110

Division of Legislative Power  120

Cooperative Federalism  138

Implementation of Federal Law  141

Conclusion  150

4. Separation of Powers  152

Executive-Legislative Relations  153

Judicial versus Legislative Authority  164

Delegation of Legislative Power  175

Foreign and Military Affairs  189

Conclusion  214

5. Political Representation and Democracy  216

Parliamentary Democracy  216

Elections and Voting  238

Party State and Political Spending  269

Militant Democracy  285

Conclusion  300

6. Jurisprudence of the Open State  302

Basic Law and International Law  302

Germany's Constitutional Openness and International Tribunals  319

Basic Law and European Law  325

Conclusion  352

Part III. Basic Rights and Liberties  

7. Human Dignity, Personal Liberty, and Equality  355

Dignity of Persons  356

Right to Life  373

Right to Personality  399

Equality  419

Conclusion  439

8. Freedom of Speech, Press, and Art  441

A Jurisprudence of Balancing  442

Reputational Interests and Offensive Speech  460

Resocialization, Privacy, Truth-Telling, and Assembly  479

Freedom of the Press and Broadcasting  502

Artistic and Academic Freedom  519

Conclusion  536

9. Religion, Conscience, and Family Rights  538

Free Exercise of Religion  539

Minority Religions  553

Religious Practices and Symbols in Public Schools  566

Taxation, Autonomy, and Religious Societies  590

Marriage and Family Rights  600

Conclusion  620

10. Economic Liberties and the Social State  622

Nature of the Economic System  623

Right to Property  630

Occupational and Associational Rights  659

Reunification and Economic Liberties  685

Conclusion  711

Appendix A: Chronological Chart of the Justices  713

Appendix B: Biographical Sketches of Presidents and Vice Presidents  717

Notes  725

Tables of Cases  833

Index  

Permissions  845

Ruth Bader Ginsburg

"In the endeavor to gain knowledge from the problems confronted and resolutions reached by our counterparts abroad, the work of Donald P. Kommers, now joined by Russell A. Miller, is a rich resource. Offering far more than excellent English-language translations of the decisions of a renowned tribunal, Professors Kommers and Miller supply incisive analyses and commentary. I am pleased to herald the publication of this third edition of a masterful text. . . . Brought right up to the moment . . . The Constitutional Jurisprudence of the Federal Republic of Germany is an engaging, enlightening, indispensable source for those seeking to learn from the text and context of German constitutional jurisprudence."—From the foreword by Ruth Bader Ginsburg, Associate Justice, the Supreme Court of the United States

"With new coauthor Russell A. Miller, Donald P. Kommers delivers a thoroughly updated and, in some respects, reorganized work, which gives needed attention both to constitutional amendments (as in the chapter on federalism) and to conceptual developments in the Constitutional Court's jurisprudence. The authors' evident familiarity with German and U.S. constitutional law deepens the book's comparative perspective. This has been and will remain an indispensable resource for scholars and students who want to develop a deep understanding of Germany's constitutional system."—Vicki C. Jackson, author of Constitutional Engagement in a Transnational Era

"This is the single most important book in English on one of the world's most important courts. More than a hornbook because it includes smartly edited cases, and more than a casebook because it adds outstanding institutional, historical, and doctrinal context, this volume provides a first-rate introduction to the German Federal Constitutional Court, which has been among the most influential courts in the world in creating global constitutional law. With this volume, English-speaking readers can see why."—Kim Lane Scheppele, Director of the Program in Law and Public Affairs and Laurance S. Rockefeller Professor of Sociology and International Affairs at Princeton University

"The constitutional law of Germany—and the judgments of the German Federal Constitutional Court—are central for anyone interested in comparative constitutional law. This book is an excellent introduction to German constitutional thinking. It makes one better understand one's own constitution and its problems. I have relied heavily on the previous editions. This latest one is essential."—Aharon Barak, former President, the Supreme Court of Israel

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