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The Constitution of Germany - A Contextual Analysis (Paperback)
Loot Price: R1,144
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The Constitution of Germany - A Contextual Analysis (Paperback)
Series: Constitutional Systems of the World
Expected to ship within 10 - 15 working days
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The German Basic Law, enacted in 1949 after total defeat and the
experience of totalitarian barbarism, has become a model for
constitutions around the world and a prominent example of modern
constitutionalism. It features five fundamental principles -
democracy, rule of law/Rechtsstaat, the social state, republican
government and federalism - each expressly guaranteed and protected
against constitutional amendment. As such the German Basic Law is a
prime example of a cooperative and predominantly executive
federalism characterised by a high degree of unitarianism and
equality of its member states. The institutional structure,
featuring the principle of the separation of powers, is a
parliamentary system of government, in which the Chancellor and the
political parties play leading roles. The Bundestag remains a
powerful Parliament, while the Bundesrat and the Prime Ministers of
the Lander act as an important counterweight. The Constitutional
Court, as interpreter of the Constitution and possessor of a broad
range of competences, occupies an especially important position,
acting as arbiter between the different Federal institutions as
well as between the Federation and the Lander. In the field of
fundamental rights the Court has achieved far-reaching
constitutionalisation and juridification of the whole political
system, while at the same time creating a strong and consistent
system of individual freedom and the liberalisation of society.
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