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Democracy's Guardians - A History of the German Federal Constitutional Court, 1951-2001 (Hardcover)
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Democracy's Guardians - A History of the German Federal Constitutional Court, 1951-2001 (Hardcover)
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In its six-decade history, the German Federal Constitutional Court
has become one of the most powerful and influential constitutional
tribunals in the world. It has played a central role in the
establishment of liberalism, democracy, and the rule of law in
post-war West Germany, and it has been a model for constitutional
tribunals in many other nations. The Court stands virtually
unchallenged as the most trusted institution of the German state.
Written as a complete history of the German Federal Constitutional
Court from its founding in 1951 up into the twenty-first century,
this book explores how the court became so powerful, and why so few
can resist its strength. Founded in 1951, the Court took root in a
pre-democratic political culture. The Court's earliest
contributions were to help establish liberal values and fundamental
rights protection in the young Federal Republic. The early Court
also helped democratize West German politics by reinforcing rights
of speech and information, affirming the legitimacy of
parliamentary opposition, and checking executive power. In time, as
democratic values took hold in the country at large, the Court's
early role in nurturing liberalism and democracy led many West
Germans to view the Court not as a constraint on democracy, but as
a bulwark of democracy's preconditions. In later decades, the Court
played a stabilizing role - mediating political conflicts and
integrating societal forces. Citizens disenchanted with partisan
politics looked to the Court as a guardian of enduring values and a
source of moral legitimacy. Through a comprehensive narrative of
the Court's remarkable rise and careful analysis of its periodic
crises, the work carefully dissects the success of the Court,
presenting not only a traditional work of legal history, but a
public history - both political and societal - as well as a
doctrinal and jurisprudential account. Structured around the
Court's major decisions from 1951 to 2001, the book examines
popular and political reactions to those decisions, drawing heavily
on newspaper accounts of major judgments and material from the
archives of individual politicians and judges. The result is an
impressive case study of the global phenomenon of constitutional
justice.
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