Results 11 to 20 of about 1,141 (196)

Alexy and the “German” Model of Proportionality: Why the Theory of Constitutional Rights Does Not Provide a Representative Reconstruction of the Proportionality Test

German Law Journal, 2020
Robert Alexy is one of the most prominent proponents of proportionality in international legal scholarship. His theory has two dimensions. On the one hand, it is a normative defense of balancing. On the other hand, it seeks to provide a reconstruction of
Niels Petersen
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The German Constitutional Court on the Right in Confidentiality and Integrity of Information Technology Systems – a case report on BVerfG, NJW 2008, 822

SCRIPTed: A Journal of Law, Technology & Society, 2009
On the 27th of February 2008, the German Federal Constitutional Court (Bundesverfassungsgericht) recognised in a landmark ruling for the first time a new constitutional right in the confidentiality and integrity of information technology systems. We will
Wiebke Abel, Burkhard Schafer
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CONSTITUTIONAL REGULATION OF FUNDAMENTAL RIGHTS IN THE FEDERAL REPUBLIC OF GERMANY

Московский журнал международного права, 2019
Introduction. The article is devoted the constitutional foundations of the legal status of the individual in the Federal Republic of Germany, some fundamental rights, their content and protection.
Yu. I. Leibo
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The Constitutional Status of Karlsruhe’s Novel “Jurisdiction” in EU Fundamental Rights Matters: Self-inflicted Institutional Vulnerabilities

German Law Journal, 2020
The First Senate of the German Federal Constitutional Court (FCC) has recently introduced the express promise that where EU fundamental rights take precedence over German fundamental rights, the Court itself could directly review, on the basis of EU ...
Karsten Schneider
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Preclusion in German administrative proceedings

Правоприменение, 2019
The subject. The article describes preclusion in German Administrative Law.The purpose of the paper is to confirm or disprove hypothesis that the preclusion is an integral part of the administrative and judicial practice of Germany, despite its low ...
Markus Heintzen
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Activating Ultra Vires Review: The German Federal Constitutional Court Decides Weiss

European Papers, 2021
(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 801-829 | Article | (Table of Contents) I. Introduction. - II. The preliminary reference of the German Constitutional Court and the preliminary ruling of the Court of ...
Georgios Anagnostaras
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Practices of Social Constitutionalism: Poverty, Socio-economic Status and Social Exclusion in the Jurisprudence of the German Federal Constitutional Court

German Law Journal
The German Federal Constitutional Court has defined constitutional limits for exclusionary legislation in social law. In these judgments, the Federal Constitutional Court has used human dignity and social equality doctrines to address poverty and social ...
Cara Röhner
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Does Investor-State Dispute Settlement Discriminate Against Nationals?

German Law Journal, 2020
This Article answers the question of whether investor-state dispute settlement (“ISDS”) discriminates against nationals by providing foreign investors with an extra avenue to challenge state measures. The complaint that ISDS is discriminatory as a matter
Christian Riffel
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Plea-Bargaining in German Criminal Procedure Law

İstanbul Hukuk Mecmuası, 2023
Plea-bargaining has been the most controversial issue for German criminal jurisprudence for the last thirty years. The German version of plea-bargaining first emerged as a clandestine mode of adjudication between the judge, defense counsel, and ...
Ali Emrah Bozbayındır
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Openness towards European Law and Cooperation with the Court of Justice Revisited: The Bundesverfassungsgericht Judgment of 21 June 2016 on the OMT Programme

European Papers, 2016
(Series Information) European Papers - A Journal on Law and Integration, 2016 1(2), 395-403 | Overview | (Table of Contents) I. Introduction. - II. The evolving relationship between the German Federal Constitutional Court and the CJEU under the ultra ...
Massimo Starita
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