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Federal Constitutional Court of Germany


 

The Federal Constitutional Court (in German: Bundesverfassungsgericht, BVerfG) is a special court established by the German Constitution, the Grundgesetz (Basic Law). From its inception, the Court has been located in the city of Karlsruhe, intentionally dislocated from the other federal institutions (earlier in Bonn, now in Berlin).

Related Topics:
German - Constitution - Grundgesetz - Karlsruhe - Bonn - Berlin

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The sole task of the court is judicial review. It may therefore declare public acts unconstitutional and thus render them ineffective. As such, it is somewhat similar to the Supreme Court of the United States. However, it differs from it and other supreme courts in that it is not part of the regular judicial system, but more a unique judicial branch.

Related Topics:
Judicial review - Unconstitutional - Supreme Court of the United States - Supreme courts

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Most importantly, it does not serve as a regular court of appeals from lower courts or the Federal Supreme Court (BGH) as a sort of ?superappellate court? on any violation of federal laws. Its jurisdiction is focused on constitutional issues, the integrity of the Grundgesetz and the immediate compliance of any governmental institution in any detail (article 1 subsection 3 of the Grundgesetz). Even constitutional amendments or changes passed by the Parliament are subject to its judicial review, since they have to be compatible with the main principles of the Grundgesetz (so called 'eternity clause').

Related Topics:
Court of appeals - Federal Supreme Court (BGH)

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The court?s practice of enormous constitutional control frequency on the one hand, and the continuity in judicial self-restraint and political revision on the other hand, created a unique defender of the Grundgesetz since World War II and assigned a remarkably outstanding role in a modern democracy.

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