Constitutional Jurisdiction in Poland and Germany: A Note

Constitutional Jurisdiction in Poland and Germany: A Note DOI: 10.1163/092598807X195241 © Koninklijke Brill NV, Leiden, 2007 Review of Central and East European Law 32 (2007) 443-466 Constitutional Jurisdiction in Poland and Germany: A Note Grzegorz J. Wąsiewski Abstract In this article, the author compares constitutional jurisdiction in Poland and Germany. He starts by pointing out the common philosophical background for determining the form of the constitutional courts in both countries. Afterwards, a description of the historical background which has led to the creation of this institution is offered to the reader. The similarities regarding the organization of both courts, which have been noted by the author, will then be examined. It is, however, the case law of the German and Polish courts which forms the main focus of the author’s investigation. He seeks to illustrate that the lines of reasoning of both these courts are quite close; in doing so, the author will refer in particular to cases concerning European law and its relationship to national law. Keywords constitution, constitutional courts, constitutional jurisdiction, Germany, Poland 1. Introduction Constitutional jurisdiction nowadays is something which seems quite natural to an educated person in Europe. One could say we have become “accustomed to�� judicial review. In some countries, citizens http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Review of Central and East European Law Brill

Constitutional Jurisdiction in Poland and Germany: A Note

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Publisher
Brill
Copyright
© 2007 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0925-9880
eISSN
1573-0352
DOI
10.1163/092598807X195241
Publisher site
See Article on Publisher Site

Abstract

DOI: 10.1163/092598807X195241 © Koninklijke Brill NV, Leiden, 2007 Review of Central and East European Law 32 (2007) 443-466 Constitutional Jurisdiction in Poland and Germany: A Note Grzegorz J. Wąsiewski Abstract In this article, the author compares constitutional jurisdiction in Poland and Germany. He starts by pointing out the common philosophical background for determining the form of the constitutional courts in both countries. Afterwards, a description of the historical background which has led to the creation of this institution is offered to the reader. The similarities regarding the organization of both courts, which have been noted by the author, will then be examined. It is, however, the case law of the German and Polish courts which forms the main focus of the author’s investigation. He seeks to illustrate that the lines of reasoning of both these courts are quite close; in doing so, the author will refer in particular to cases concerning European law and its relationship to national law. Keywords constitution, constitutional courts, constitutional jurisdiction, Germany, Poland 1. Introduction Constitutional jurisdiction nowadays is something which seems quite natural to an educated person in Europe. One could say we have become “accustomed to�� judicial review. In some countries, citizens

Journal

Review of Central and East European LawBrill

Published: Jan 1, 2007

Keywords: POLAND; RIGHT TO LIBERTY AND SECURITY; HUMAN RIGHTS CHAMBER FOR BOSNIA AND HERZEGOVINA; CONSTITUTIONAL JURISDICTION; HABEAS CORPUS; CONSTITUTION; FAIR TRIAL; CONSTITUTIONAL COURT; EUROPEAN CONVENTION; DEPRIVATION OF LIBERTY; DAYTON PEACE AGREEMENT; CONSTITUTIONAL COURTS; BOSNIAN CONSTITUTION; RIGHT TO BE INFORMED; LAWFULNESS; COMPENSATION; GERMANY; GENERAL FRAMEWORK AGREEMENT FOR PEACE IN BOSNIA AND HERZEGOVINA

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