Judicial Review of Federal Laws
Lüth Case (Germany)
In relation to the lüth case (Germany) and constitutional law, Stephan Jaggi[1] made the following observation: The Federal Constitutional Court of Germany's (Bundesverfassungsgericht) (BVerfG) Lüth decision of 15 January 1958 must be viewed against the historical background of a Weimar Republic Constitution that was silent on the question of substantive, as opposed to procedural, judicial review of federal laws (Lenoir 365, 366). A lively debate on the topic as well as the Reichsgericht's attempt in 1929 to establish substantive judicial review by, for the first time, holding a federal statute unconstitutional were cut short by Hitler's ascent to power on 30 January (…)
Resources
Notes and References
- Max Planck Encyclopedia of Comparative Constitutional Law, Stephan Jaggi, “Lüth Case (Germany)” (2018, Germany, United Kingdom)
See Also
- Judicial review of legislation
- Judicial independence
- Judicial review