Judicial Review of Federal Laws

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

  1. 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

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