Jump to ContentJump to Main Navigation
Building the UK's New Supreme CourtNational and Comparative Perspectives$
Users without a subscription are not able to see the full content.

Andrew Le Sueur

Print publication date: 2004

Print ISBN-13: 9780199264629

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199264629.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 05 July 2020

The German Federal Constitutional Court: Present State, Future Challenges

The German Federal Constitutional Court: Present State, Future Challenges

Chapter:
(p.174) (p.175) 8 The German Federal Constitutional Court: Present State, Future Challenges
Source:
Building the UK's New Supreme Court
Author(s):

Rainer Nickel

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199264629.003.0008

This chapter discusses the ways in which the Federal Republic of Germany and its constitutional court managed the difficult problem of organizing human rights and civil rights adjudication and constitutional adjudication in general. The first part of the chapter sketches the federal framework of constitutional adjudication in Germany, and the particular role and function of the Federal Constitutional Court (FCC) within this framework. The second part describes the relation between the FCC and constitutional courts of the 16 Länder that form the Federal Republic. The third part analyzes the challenges arising from international and supra-national law above the level of the constitution, namely the European Convention on Human Rights and EU law. More precisely, it focuses on how the human rights adjudication of the European Court of Human Rights influences the status and function of the FCC, and examines how the European Court of Justice's adjudication on European Community law affects the position of the FCC. Finally, the question of constitutional adjudication in the era of ‘Europeanization’ is addressed.

Keywords:   Federal Republic of Germany, constitutional adjudication, Federal Constitutional Court, international law, supra-national law, human rights

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .