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The Constitution of Germany: A Contextual Analysis (Constitutional Systems of the World)

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en Limba Engleză Paperback – 30 Nov 2010
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 L nder 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 L nder. 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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ISBN-13: 9781841138688
ISBN-10: 1841138681
Pagini: 276
Ilustrații: black & white illustrations
Dimensiuni: 138 x 216 x 14 mm
Greutate: 0.36 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Constitutional Systems of the World

Locul publicării: London, United Kingdom