What We Teach When We Teach German Constitutional Law: An Introduction to the Collection Memorializing Donald P. Kommers

The author posits that Americans’ interest in German constitutional law can be traced to a single source. Donald Kommers (1932-2018), the political scientist and legal scholar at Notre Dame, pioneered the field of comparative constitutional law and popularized German constitutional jurisprudence in the English speaking world with his groundbreaking study of the German Federal Constitutional Court, and his seminal, English-language treatise on German constitutional law that first published in 1989

Staatsorganisationsrecht

This textbook, written by university researchers, contains basic knowledge about German state organization law (Staatsorganisationsrecht). It presents exam-relevant material specifically for students. It also contains in-depth excurses on specific topics, provided they deepen understanding. With numerous example formulations and interactive exercises, it also helps students to acquire case-solving techniques for state organization law

Developmental and environmental responsibilities of the "Rechtsstaat" - J Wolf

The most important difficulty facing a Rechtsstaat  idea when it comes to the realization of "sustainable development", lies in the structural differences between the constitutional order based on the Rechtsstaat on the one hand, and the dynamics of political and economic planning on the order.  "Sustainable development" is development that links ecology and economy in such a way that ecological harm is minimized.  Development should therefore be in the interest of future generations. There is, however, not yet much legislation concerning environmental protection, because the Rechtsstaat finds itself in a position where it cannot take sides.  In no circumstances can the state legalize the ecological aspect, for this will presuppose state interference in the economic system,  therefore violation a principle of the Rechsstaat.  Environmental protection could thus easily be misused as the basis for allowing the state to directly manipulate the economic process. The state has the duty to invoke which measures which could help to regulate environmental harm and to create a legal basis for future economic and technological developments which are compatible with environmental protection.  The German Constitutional amendment of 1994 deliberately did not take up environmental protection in the catalogue of fundamental rights.  In terms of German constitutional law, state goals bind the legislature and should be translated into legislation.  Article 20a GG formulates environmental protection as a state goal. It would be seem to be fair to suggest that the most important contribution towards getting to grips with the responsibilities of the Rechsstaat in promoting environmental protection has been made by legislative bodies in European as well as in German environmental law.  The legislative measures require that precautionary measures should be taken by those who cause the environmental damage or risk.  Environmental protection and economic development are inseparable in state politics.  While planning economic policy the state has to take into account the environmental impact of such policy in order to give effect to the precautionary principle.  The precautionary principle thus has a regulatory character and a planning law dimension. In a Rechtsstaat the state can regulate environmental protection only through the precautionary principle so as not to interfere in economic policy.  Only in this manner can "sustainable development" be maintained

Impact of COVID-19 on a Sustainable Work Environment in the Context of Decent Work

The aim of the study is to analyse decent work as a value stemming from human dignity. The key factors include a safe and healthy work environment and working conditions, social protection, compliance with employment law, stability of a workplace, opportunities for development, training and self-fulfilment, mutual respect, contacts with colleagues, etc. The impact of the pandemic has changed employees’ views on “perfect job”. Remote work is only one of the new forms of employment created by digitalization, which will increasingly enter and strengthen the labour market. However, not all employers are equally prepared for change. The study will illustrate how the concept of decent work has changed in the context of the pandemic, so that the legislator and employers can reorganize themselves, creating appropriate work environment for employees and promoting the economic sustainability of the country.publishersversionPeer reviewe

Der positive und der negative Verfassungsvorbehalt

Was gelangt wann und warum in Verfassungstexte, was gelangt wann und warum nicht hinein? Gibt es notwendige Verfassungsinhalte? Welche verfassungsrechtlichen und verfassungstheoretischen Maßstäbe gibt es für die „Hochzonung“ von Inhalten aus dem einfachen Gesetzesrecht auf die Stufe der Verfassung? Um diese bisher wenig untersuchten Fragen geht es in Christian Waldhoffs Abhandlung. Der Verfassungsvorbehalt wird dabei sowohl als Figur der Rechtsdogmatik als auch der Verfassungstheorie behandelt. Die untersuchten Beispiele stammen aus dem Grundgesetz, aus ausländischen Verfassungen wie auch aus der Verfassungsgeschichte

Matrizes federativas e a federação brasileira

O sistema federativo estruturado pela Constituição Federal de 1988 caracteriza-se por possuir um modelo federativo misto, pois apesar de basear seu sistema constitucional de repartição de competências no clássico federalismo legislativo americano (legislativo federalism), também pretendeu-se reaproximar a federação brasileira ao chamado federalismo cooperativo, cujas fontes de inspiração encontram-se no plano nacional, na Constituição de 1934 e 1946, e, no plano internacional, no federalismo administrativo alemão (Verwaltungsfõderalismus), ao assimilar várias técnicas de cooperação legislativas (competência legislativa concorrente, art. 24, CF) e administrativas (competência administrativa comum, art. 23, CF) e trazer a previsão formal de outras tantas "sugestões cooperativas" em seu texto. Recentes estudos da Ciência Política têm demonstrado, contudo, que, na prática, pouco se avançou no sentido de dar efetividade aos mecanismos cooperativos formalmente previstos pelo constituinte de 1998. Diante disso, a partir do estudo comparativo dos modelos federativos estrangeiros, especialmente do modelo federativo alemão, este trabalho pretende analisar o sistema de repartição de competências legislativas e administrativas do atual modelo federativo brasileiro e a dinâmica de suas relações intergovernamentais, a fim de evidenciar suas tendências, identificar seus problemas e buscar soluções

State law : about aporia of legal term in Polish and German science of politics

The cognitive object of the science of a state law is its political system. This definition, however, does not expand all the elements necessary to circumscribe the proper understanding of this concept. Referring to the etymology in German (Staatsrechtslehre), we are talking about the science of state law. Thus, the object of analysis, according to literal understanding of the concept, would be state (Staat), not his – anyhow defined – political system. This semantic inconvenience surprises here so far as it needs to be taken into account that for the ancient Greeks, not the state (πολιτεια), but politics (πολιτικ) meant the whole doctrine of state (πολιτικ επιστμη). Experience of the ancient Roman jurisprudence has brought in this issue fundamental change. From then on law, dichotomously divided according to the criterion of “benefits” (utilitas) into private (jus civile) and public (jus publicum), will be seen as a whole legal system that regulates social relations between people, people and assets and people and the state. In contrast, however, to the private law, protecting the interests of individuals, the task of public law is to guard the common interest, thereby bringing benefits to society as a whole