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- The changes in the Constitution of the United States are termed ‘amendments’, that is revisions that are attached and numbered without altering the text of the original constitution. On the other hand, in the Basic Law a new clause typically replaces a previous formulation.
news.nd.edu › news › human-dignity-and-freedom-rightsWhat distinguishes Germany's Basic Law from the United States ...
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May 18, 2009 · In view of this contrast between two constructive principles, Kommers proposes one ought to turn to constitutional content by contrasting the Basic Law as a constitution of human dignity with the US Constitution as a constitution emphasizing freedom.
Jun 24, 2019 · In explaining the essential difference between our two constitutions, I have often characterized the Basic Law as a constitution of dignity and the American document as a constitution of liberty. In short, human dignity and liberty are their respective architectonic values.
- Donald P. Kommers
- 2019
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When the Basic Law came into effect on May 24, 1949, no one expected it to become so popular. It was originally intended as just a provisional framework to serve until Germany would, hopefully, be reunited and then adopt a constitution deserving the name. That is why it was called the “Basic Law,” in line with the fundamental laws of the long-defun...
The most peculiar and successful creation of the Basic Law, however, has been the Federal Constitutional Court. As a specialized constitutional court with a monopoly on judicial review of statutory legislation, it was modeled on the Austrian Constitutional Court of 1920, devised by Hans Kelsen, but its competences are much broader than those of the...
The Basic Law can be amended more easily than the US constitution – by a two-thirds majority in both chambers of parliament. It has been changed more than 60 times, and not always to its advantage. The Federal Republic’s federalism, weak from the outset, has on the whole been weakened even further, and many articles have lost concision. The most im...
- Gertrude Lübbe-Wolff
May 23, 2017 · There is no "state religion" in Germany. Everyone can freely choose their religion - and live by its rules. Freedom of opinion is a basic right in Germany - but this does not include libel or ...
Aug 12, 2023 · The Basic Law is the constitution of the Federal Republic of Germany. Conceived in 1949 as a provisional arrangement, it still forms the constitutional foundation of German democracy. This chapter answers the following questions: To what extent has the Basic Law proven to be a constitutional framework fostering political stability and flexibility?
In a positive rights constitution, rights are written in terms of a government obligation to guarantee the people’s rights. For example, article 5 of the German constitution, the German Basic Law, states: “Every person shall have the right freely to express and disseminate his opinions in speech, writing and pictures. . . .
Mar 17, 2023 · The Basic Law for the Federal Republic of Germany (Das Grundgesetz für die Bundesrepublik Deutschland (GG)), also translated as the Fundamental Law, is Germany'’s federal constitution. It was adopted in 1949 as a provisional constitution for the German states in the western zone of occupation administered by the United States, Great Britain ...
