It is remarkable how the Basic Law is inculcated with the desire to avoid a repetition of the Nazi experience and its absolute conception of legal positivism. Hence it reaffirms the importance of human rights. The concept of legality that it offers is very demanding, same as that of social justice. The values of human rights also create and enshrine federalism at the federal parliamentary system, thereby strengthening the position of Chancellor responsible to the Bundestag. In the spirit of opposition to the Nazi period during which the powers resided in the hands of solitary, the Basic Law emphasized the separation of powers. To what extent did the German Basic Law win, while having been enacted on the basis of its provisions? What are the forces that allowed it to install a sustainable system?
[...] One would think that the European supranational institutions in Germany would find it difficult to delegate its powers and could possibly feel threatened in safeguarding their fundamental rights. However, the European Court of Human Rights guarantees the same and acts as an additional tool to protect them. Finally, federalism and the division of powers between the state and the Länder have prefigured the division of powers between the EU and its Member States. Thus, Germany is much less concerned than France regarding the delegation of authority within the European Union. [...]
[...] a.The government's responsibility – It is questioned by the House (Bundestag). This is the constructive motion of no confidence (Art Basic Law), as defined by Hans Nawiasky. The Bundestag elects the successor with the absolute majority of its members and if no successor is found, then the motion does not pass, which ensures the stability of the government. b. The liability incurred by Chancellor himself, as in France, is the question of confidence in a text (article 68 Basic Law) The right of dissolution: When members fail to agree to appoint a chancellor or find no successor, they use the right of dissolution.The goal is to avoid paralysis of the system. [...]
[...] Thus, the fundamental law enacted in West Germany on May now applies to 16 states constituting Germany. This basic law was provisional in nature, hence its name, not constitutional by character, but after reunification it was lost, as outlined in Article 146 "This Basic Law is thus for the entire German people." It is striking how the Basic Law is imbued with the desire to avoid, at all costs, a repetition of the Nazi experience and its absolute conception of legal positivism, and therefore reaffirms the importance of fundamental rights. [...]
[...] " This is the "militant democracy". It has been used several times already (banning of SRP in 1952; banning of the KPD in 1956) but the demand to ban the NPD failed in 2001. Furthermore, Article 18 states that anyone who abuses his rights to interfere with the free democratic constitutional order can have his fundamental rights revoked (Article 18 has never been used). Ø The rationalized parliamentarianism: There is a desire to ensure stable government for the preservation of rights. [...]
[...] This body is the Constitutional Court in Karlsruhe. The primary mission of the Federal Constitutional Court · Its place: Article 92 of the Basic Law provides that the Constitutional Court is the highest panel of judges of Germany. It is the guarantor of the constitution. Even if it is not integrated into the judicial body itself, it still belongs to the judiciary. It plays the role of third instance: the judges of 1st instance and appeal are federated, while the Court functions at the federal level. [...]
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