Jurisdiction and Pluralism: judicial functions and organization in Federal Systems : the case of Germany

• Autores: Dian Schefold
• Localización: Perspectives on Federalism, ISSN-e 2036-5438, Vol. 12, Nº. 2, 2020, págs. 14-27
• Idioma: inglés
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• Resumen

  • This article analyses the model of judicial federalism that has developed in the Federal Republic of Germany. As the constitutional history of Germany reveals, federal regulation of the judiciary has often been associated with centralization and even authoritarian centralization. On the other side, a federal constitution based on the rule of law should guarantee its protection by the judiciary. The conflict between federalist organization and central guarantee of the rule of law determines the actual system.