The Contribution of Judicial review to the Shaping of the Federal State in Germany

Original title: Der Beitrag der Verfassungsgerichtsbarkeit zur Gestaltung des Bundesstaates in Deutschland

Abstract:

Since it was formed in 1951, the Federal Constitutional Court has exercised considerable influence on the development of the principle of a federal state. The following remarks focus on rulings by the Federal Constitutional Court. From the perspective of the Federal Consti-tutional Court, the principle of a federal state serves to limit the power of the central government. With the reform of federalism in 2006, a new type of federalism has become part of German constitutional law, supportive federalism. In accordance with this new federalism, the Federal Constitu-tional Court has referred to the existence of a supportive community in the Federal State, as a result of which there now exists a federal obligation for mutual responsibility. The solidarity among federal states reduces the differences among them but by no means is there an obligation to bring them completely in line with each other. The Federal Constitutional Court’s case law underscores the Länders´ own statehood and the equality among all the Länder. The principle of federal loyalty has specific, transcendental, importance. Financial relations between the Federation and the Länder are based on supportive federalism.

Authors:
Gerhard Robbers

Section: Monographic «Judicial review and Compound States: Remarks on the Constitutional Court Decision on the Statute of Autonomy of Catalunya»

File in the original language: deutsch.pdf
Castellano



Key words: Germany - federal state - federation - federated states - Constitutional Court - financing - cooperative federalism