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Building the UK's New Supreme CourtNational and Comparative Perspectives$
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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

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 19 January 2022

The German Federal Constitutional Court: Present State, Future Challenges

The German Federal Constitutional Court: Present State, Future Challenges

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

Rainer Nickel

Oxford University Press

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

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