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학술논문헌법재판연구2021.12 발행

The German Federal Constitutional Court - Past, Present and Future

The German Federal Constitutional Court - Past, Present and Future

앙겔리카 누스베르거(쾰른대학교)

8권 2호, 173~212쪽

초록

The German Federal Constitutional Court has shaped not only the constitutional development in Germany from the 1950s until present times, but has also had a major impact on the political system. Society widely accepts the Court’s authority. This is due to outstanding judgments both in the early years of the Court and nowadays where the Court promotes a vision about major topics such as European integration and climate change. Nevertheless, during the seven decades of the Court’s work there were also controversies about its dominance as well as about judgments where society was polarized. In present times, the interplay between the Federal Constitutional Court and the two European courts, the European Court of Justice and the European Court of Human Rights, is part of a lively debate.

Abstract

The German Federal Constitutional Court has shaped not only the constitutional development in Germany from the 1950s until present times, but has also had a major impact on the political system. Society widely accepts the Court’s authority. This is due to outstanding judgments both in the early years of the Court and nowadays where the Court promotes a vision about major topics such as European integration and climate change. Nevertheless, during the seven decades of the Court’s work there were also controversies about its dominance as well as about judgments where society was polarized. In present times, the interplay between the Federal Constitutional Court and the two European courts, the European Court of Justice and the European Court of Human Rights, is part of a lively debate.

발행기관:
헌법재판연구원
DOI:
http://dx.doi.org/10.35215/jcj.2021.8.2.006
분류:
헌법

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