By Krieger M.H.
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Extra resources for Constitutions of matter
83 As regards constitutional doctrine, the senates frequently have developed distinct approaches to common questions. ”84 Resort to the plenum in these circumstances is a matter to be decided by the senate that was originally responsible for the case, that is, the senate that wants to disregard the other senate’s jurisprudence. Nevertheless, the opposite senate decides whether its existing jurisprudence has, in fact, been implicated. 85 But the senates jealously guard against such meddling. 3), for instance, the First Senate refused to heed the Second Senate’s call for the 20 chapter one plenum by arguing that resort to the plenum is necessary only if an intentional departure from a decisive facet of the other senate’s reasoning in a similar case is implicated.
In any event, as this survey of German constitutional review demonstrates, the framers of the Basic Law had plenty of precedents on which to draw in constructing their own version of constitutional democracy. Herrenchiemsee Conference. It should now be clear that judicial review in Germany did not spring full-blown from the Basic Law of 1949. It was adopted with German precedents in mind. 25 They insisted that any future government of Germany must be federal, democratic, and constitutional. A constitutional government, in the American view at least, implied the judicial power to assess the constitutionality of laws and other official acts.
34 It all boiled down to a dispute over the nature of the new tribunal. , a court of constitutional review)? , a court of judicial review)? In line with the Herrenchiemsee plan, the framers fi nally agreed to create a constitutional tribunal independent of other public-law courts, but they disagreed over how much of the constitutional jurisdiction listed in the proposed constitution should be conferred on it as opposed to other high federal courts. The controversy centered on the distinction between what some delegates regarded as the “political” role of a constitutional court and the more “objective” lawinterpreting role of the regular judiciary.