ScholarLens Back to search
2015•SSRN Electronic JournalOpen access

Constitutional Reasoning in the German Federal Constitutional Court

Michaela Hailbronner, Stefan Martini

Open full text 0 citations

Abstract

This article examines the method of constitutional reasoning of the German Federal Constitutional Court. Situating German constitutional jurisprudence in its historical background, it analyses the characteristic types of arguments used in 40 ‘leading cases’ of the German Constitutional Court, including the use of precedents, foreign law and key concepts. The article is part of the CONREASON project, hosted by the Max Planck Institute for Comparative Public Law and International Law in Heidelberg (Germany) and by the Institute for Legal Studies of the Centre for Social Sciences at the Hungarian Academy of Sciences in Budapest (Hungary), coordinated by Andras Jakab, Arthur Dyevre and Giulio Itzcovich.

About this research paper

What this paper is about

This article examines the method of constitutional reasoning of the German Federal Constitutional Court. Situating German constitutional jurisprudence in its historical background, it analyses the characteristic types of arguments used in 40 ‘leading cases’ of the German Constitutional Court, including the use of precedents, foreign law and key concepts. The article is part of the CONREASON project, hosted by the Max Planck Institute for Comparative Public Law and International Law in Heidelberg (Germany) and by the Institute for Legal Studies of the Centre for Social Sciences at the Hungarian Academy of Sciences in Budapest (Hungary), coordinated by Andras Jakab, Arthur Dyevre and Giulio Itzcovich.

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

This article examines the method of constitutional reasoning of the German Federal Constitutional Court. Situating German constitutional jurisprudence in its historical background, it analyses the characteristic types of arguments used in 40 ‘leading cases’ of the German Constitutional Court, including the use of precedents, foreign law and key concepts. The article is part of the CONREASON project, hosted by the Max Planck Institute for Comparative Public Law and International Law in Heidelberg (Germany) and by the Institute for Legal Studies of the Centre for Social Sciences at the Hungarian Academy of Sciences in Budapest (Hungary), coordinated by Andras Jakab, Arthur Dyevre and Giulio Itzcovich.

Key concepts: Constitutional court, German, Jurisprudence, Law, Constitutional law, Political science, Constitutional economics, Comparative law

Related papers

Related paper 1Related paper 2Related paper 3
Back to paper searchBrowse research topicsOriginal source
Constitutional Reasoning in the German Federal Constitutional Court — Research Paper | ScholarLens