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German Constitutional Law and Its Historical and Political Context

Course

Description

https://at-ceu.studyguide.timeedit.net/modules/LEGS5199?type=CORE

Aim & Background

Germany is considered as one of the 'usual suspects' that is often included in comparative constitutional law research, be it with regard to the institutional setting, the fundamental laws and/or the jurisprudence of the German Federal Constitutional Court. Comparing constitutions and the relevant case law in a sound and 'thick' manner requires not only to know the constitutional document, its provisions, and the respective judgments, but also to understand the historical context in which they were drafted and the political dynamics in which they have unfolded and operated.By introducing German Constitutional Law, the course aims to address it in a way that allows students of comparative constitutional law to use the 'example of Germany' in a contextualized manner. The subjects covered by this course include, i.a.: historical context and pre-settings of the Basic Law; identity and change of the German Basic Law over the last 70 years; the normative hierarchy within and beyond the Basic Law (incl. international law and EU-law); the system of government and its horizontal separation of powers / checks and balances; vertical separation of power and German federalism; the Federal Constitutional Court; democracy, participation, and elections; the concept of dignity in the German Basic Law; the German concept of secularism; social rights in the Basic Law; gender equality rights; data protection and personality right; the migration of concepts and ideas of the German Basic Law around the globe.
Course period1/09/254/01/26