Developments in German Constitutional Law: The Year 2016 in Review
R. Albert/S. Drugda/P. Faraguna/D. Landau (eds.), I-CONnect-Clough Center: 2016 Global Review of Constitutional Law, Clough Center for the Study of Constitutional Democracy, Boston College, 2017
14 Pages Posted: 18 Jul 2017
Date Written: February 12, 2017
In 2016, constitutionalism still reigned supreme in Germany. As elsewhere, however, after almost a decade of protracted crises, German institutions begin to show signs of stress and exhaustion. Observers and judges agree that the Federal Constitutional Court of Germany (FCC) is under pressure, too. This pressure, however, is partly also a consequence of the Court’s success in the past. This report analyses, how the FCC bridges the gap between its new global role and its domestic responsibilities and how it balances its traditional doctrinal approach with the more recent function as an evaluator of normative complexity. We have chosen eight major decisions from 2016, which demonstrate how the Court currently approaches these challenges.
Keywords: Constitutional Law; Federal Constitutional Court of Germany; Comparative Constitutionalism; Separation of Powers; European Constitutional Law
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