Duke University Press
  • Like this title? Start a Reading List with others like it!

  • Paperback: $69.95 - In Stock
    978-0-8223-5266-2
  • Cloth: $129.95 - In Stock
    978-0-8223-5248-8
  • Quantity
  • Add To Bag
  • 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 Ginsberg

  • "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 —

    "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 —

    "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 —

  • Permission to Photocopy (coursepacks)

    If you are requesting permission to photocopy material for classroom use, please contact the Copyright Clearance Center at copyright.com;

    If the Copyright Clearance Center cannot grant permission, you may request permission from our Copyrights & Permissions Manager (use Contact Information listed below).

    Permission to Reprint

    If you are requesting permission to reprint DUP material (journal or book selection) in another book or in any other format, contact our Copyrights & Permissions Manager (use Contact Information listed below).

    Images/Art

    Many images/art used in material copyrighted by Duke University Press are controlled, not by the Press, but by the owner of the image. Please check the credit line adjacent to the illustration, as well as the front and back matter of the book for a list of credits. You must obtain permission directly from the owner of the image. Occasionally, Duke University Press controls the rights to maps or other drawings. Please direct permission requests for these images to permissions@dukeupress.edu.
    For book covers to accompany reviews, please contact the publicity department.

    Subsidiary Rights/Foreign Translations

    If you're interested in a Duke University Press book for subsidiary rights/translations, please contact permissions@dukeupress.edu. Include the book title/author, rights sought, and estimated print run.

    Disability Requests

    Instructions for requesting an electronic text on behalf of a student with disabilities are available here.

    Rights & Permissions Contact Information

    Email: permissions@dukeupress.edu
    Email contact for coursepacks: asstpermissions@dukeupress.edu
    Fax: 919-688-4574
    Mail:
    Duke University Press
    Rights and Permissions
    905 W. Main Street
    Suite 18B
    Durham, NC 27701

    For all requests please include:
    1. Author's name. If book has an editor that is different from the article author, include editor's name also.
    2. Title of the journal article or book chapter and title of journal or title of book
    3. Page numbers (if excerpting, provide specifics)
    For coursepacks, please also note: The number of copies requested, the school and professor requesting
    For reprints and subsidiary rights, please also note: Your volume title, publication date, publisher, print run, page count, rights sought
  • Description

    First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicial decisions.

    Compared to previous editions of The Constitutional Jurisprudence of the Federal Republic of Germany, this third edition more closely tracks Germany's Basic Law and, therefore, the systematic approach reflected in the most-respected German constitutional law commentaries. Entirely new chapters address the relationship between German law and European and international law; social and economic rights, including the property and occupational rights cases that have emerged from Reunification; jurisprudence related to issues of equality, particularly gender equality; and the tension between Germany's counterterrorism efforts and its constitutional guarantees of liberty. Kommers and Miller have also updated existing chapters to address recent decisions involving human rights, federalism, European integration, and religious liberty.

    About The Author(s)

    Donald P. Kommers is Joseph and Elizabeth Robbie Professor of Political Science and Professor of Law Emeritus at the University of Notre Dame.

    Russell A. Miller is a Professor at Washington and Lee University School of Law.

Explore More
Share

Create a reading list or add to an existing list. Sign-in or register now to continue.