The Constitutional Jurisprudence of the Federal Republic of Germany, 2nd ed.

The Constitutional Jurisprudence of the Federal Republic of Germany, 2nd ed.

Book Pages: 648 Illustrations: Published: January 1997

Author: Donald P. Kommers

Contributor: Roman Herzog

Law > Legal History, Politics > Political Science

Kommers’s comprehensive work surveys the development of German constitutional doctrine between 1949, when the Federal Constitutional Court was founded, and 1996. Extensively revised and expanded to take into account recent developments since German unification, this second edition describes the background, structure, and functions of the Court and provides extensive commentary on German constitutional interpretation, and includes translations of seventy-eight landmark decisions. These cases include the highly controversial religious liberty and free speech cases handed down in 1995.


“Lawyers will benefit from the way Kommers has situated legal material in its political context, and political scientists will have a clear, accurate, and readable account of the law.” — Mary Ann Glendon, Harvard Law School

Praise for the first edition:
The Constitutional Jurisprudence of the Federal Republic of Germany is a gold mine for scholars interested in German or West European politics, for those interested in comparative law and comparative politics as well. It fills an aching void in our knowledge.” — Walter F. Murphy, Princeton University


Availability: In stock
Price: $49.95

Open Access

Author/Editor Bios Back to Top

Donald P. Kommers is Joseph and Elizabeth Robbie Professor of Government and International Studies at the University of Notre Dame.

Table of Contents Back to Top
Foreword to the Second Edition David P. Currie ix

Foreword to the First Edition Roman Herzog xi

Preface to the Second Edition xiii

Note on Translation and Judicial Opinions xvii

Abbreviations xxi

Part I West German Constitutionalism 1

The Federal Constitutional Court 3

The Basic Law and Its Interpretation 30

Part II Constitutional Structures and Relationships 59

Federalism 61

Separation of Powers 115

Political Representation and Democracy 166

Part III Basic Rights and Liberties 239

Economic Liberties 241

Human Dignity and Personhood 298

Freedom of Speech 360

Freedom of Conscience and Religion 443

Appendix A 507

Appendix B 519

Notes 523

Table of Cases 591

Index 601
Sales/Territorial Rights: World

Rights and licensing
Additional InformationBack to Top
Paper ISBN: 978-0-8223-1838-5 / Cloth ISBN: 978-0-8223-1832-3
Publicity material